Current Awareness

R (Child Poverty Action Group) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, law reports, mistake, restitution by sally

R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322

“The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. The Secretary of State was not therefore entitled to seek recovery of such overpayments paid in error by way of a restitutionary claim at common law.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barclays Bank plc v Guy – WLR Daily

Posted December 10th, 2010 in appeals, civil procedure rules, jurisdiction, law reports by sally

Barclays Bank plc v Guy [2010] EWCA Civ 1396; [2010] WLR (D) 321

“Where an application was made to reopen a refusal of permission to appeal by the Court of Appeal, the criteria to be applied should be the same as where application was made, pursuant to CPR r 52.17(1), to reopen a final judgment reached after a full trial.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Tilianu) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, domicile, EC law, law reports, self-employment by sally

R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320

” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Coventry striker Marlon King loses sex assault appeal – BBC News

Posted December 10th, 2010 in appeals, assault, news, sexual offences by sally

“A footballer jailed for sexually assaulting a woman and punching her in the face, breaking her nose, has lost his appeal against the conviction.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

Man jailed on appeal over pregnant ex-girlfriend attack – BBC News

Posted December 10th, 2010 in appeals, domestic violence, grievous bodily harm, news, sentencing by sally

“A man given a suspended sentence for repeatedly kicking his pregnant ex-girlfriend in the head has been jailed for four years after an appeal.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

Judgment reserved in murder appeal as forensic evidence divides experts – The Guardian

Posted December 10th, 2010 in appeals, evidence, forensic science, murder, news by sally

“Scientists split over fibres that prosecution says links jailed office worker to home of widow killed during break-in.”

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The Guardian, 9th December 2010

Source: www.guardian.co.uk

Roman Abramovich sues Daily Mirror – The Guardian

Posted December 10th, 2010 in defamation, news by sally

“Chelsea FC owner takes legal action over ‘inflammatory’ story that manager Carlo Ancelotti had three weeks to save his job.”

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The Guardian, 10th December 2010

Source: www.guardian.co.uk

Ricky Hatton settles £1.4m wages claim – The Independent

Posted December 10th, 2010 in compensation, contracts, news, remuneration, sport by sally

“Ex-boxer Ricky Hatton has settled a £1.4 million claim for unpaid wages from his former trainer. Hatton today reached an undisclosed but ‘mutually acceptable’ deal with Billy Graham on the third day of a hearing at Manchester’s Civil Justice Centre.”

Full story

The Independent, 8th December 2010

Source: www.independent.co.uk

Secretive court opens doors to journalists – The Independent

Posted December 10th, 2010 in Court of Protection, news, reporting restrictions by sally

“One of Britain’s most secretive courts opened itself to public scrutiny yesterday after a High Court judge lifted reporting restrictions on work done by a hitherto-closed corner of the British justice system. The Court of Protection oversees cases involving vulnerable people who lack the mental capacity to make key decisions about their life, such as brain-damaged soldiers or people with Alzheimer’s. But its workings were conducted entirely behind closed doors until a successful legal challenge by The Independent earlier this year.”

Full story

The Independent, 9th December 2010

Source: www.independent.co.uk

Andy Coulson phone-hacking investigation to be dropped – Daily Telegraph

Posted December 10th, 2010 in interception, news, no case to answer, prosecutions, telecommunications by sally

“The Daily Telegraph can disclose that detectives are to be formally advised by the Crown Prosecution Service that Mr Coulson and other former and current employees of the tabloid newspaper have no criminal case to answer.”

Full story

Daily Telegraph, 10th December 2010

Source: www.telegraph.co.uk

Gloucestershire coroner’s law practice investigated – BBC News

Posted December 10th, 2010 in accounts, disciplinary procedures, news, professional conduct, solicitors by sally

“The Cheltenham law firm of Gloucestershire coroner Alan Crickmore has been closed following concerns over the way it was being run.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

Rogue traders sentenced over East Midlands £1.5m fraud – BBC News

Posted December 10th, 2010 in conspiracy, construction industry, fraud, news, sentencing by sally

“A gang of rogue builders who conned hundreds across the East Midlands with substandard work have been sentenced.”

Full story

BBC News, 8th December 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 9th, 2010 in legislation by sally

The Value Added Tax (Removal of Gas, Electricity, Heat and Cooling) Order 2010

The Value Added Tax (Imported Gas, Electricity, Heat and Cooling) Relief Order 2010

The Value Added Tax (Place of Supply of Goods) (Amendment) Order 2010

The Licensable Means of Fishing Order 2010

The Legal Services Act 2007 (Levy) (No.2) Rules 2010

Source: www.legislation.gov.uk

Pensioner cleared of murdering wife in mercy killing – The Guardian

Posted December 9th, 2010 in diminished responsibility, euthanasia, homicide, murder, news by sally

“A pensioner who smothered his 75-year-old wife in a “mercy killing” has been jailed for two years.”

Full story

The Guardian, 9th December 2010

Source: www.guardian.co.uk

Treasury’s plans for tax avoidance rule sound like fantasy – The Guardian

Posted December 9th, 2010 in news, tax avoidance by sally

“Ambitions to deter avoidance while keeping businesses and taxpayers happy are likely to prove impossible.”

Full story

The Guardian, 9th December 2010

Source: www.guardian.co.uk

Bar Council Welcomes Government’s ‘Sensible and Rational’ Approach to Sentencing Reform – The Bar Council

Posted December 9th, 2010 in news, prisons, rehabilitation, sentencing by sally

“The Bar Council, which represents barristers in England and Wales, has welcomed the publication of the Government’s ‘sensible and rational’ Green Paper entitled Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders, but has warned that the Government must look at the system in the round, and protect against unintended consequences.”

Full story

The Bar Council, 8th December 2010

Source: www.barcouncil.org.uk

Revenue and Customs Comrs v Maxwell and another – WLR Daily

Posted December 9th, 2010 in administrators, company law, debts, insolvency, law reports by sally

Revenue and Customs Comrs v Maxwell and another [2010] EWCA Civ 1379; [2010] WLR (D) 219

“The amount of a creditor’s claim against a company in administration and the characterisation of the company’s debt to the creditor were to be assessed under r 2.38(4) and (5) of the Insolvency Rules 1986 at the date of the administration, not the date of the creditors’ meeting, but the chairman’s powers of quantification under rr 2.39(1) and (3) and 2.38(5) were to be exercised taking into account events which had occurred since the administration.”

WLR Daily, 8th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Progress Property Co Ltd v Moorgarth Group Ltd – WLR Daily

Posted December 9th, 2010 in company directors, fiduciary duty, law reports, subsidiary companies, ultra vires by sally

Progress Property Co Ltd v Moorgarth Group Ltd [2010] UKSC 55; [2010] WLR (D) 218

“The sale of a company’s assets to a shareholder was not an unlawful distribution of assets if the court concluded that it was a genuine commercial transaction at arm’s length even if it appeared with hindsight that the sale was at an undervalue. The court’s conclusion depended on a realistic assessment of all the relevant facts and not simply on a retrospective valuation exercise in isolation from all other inquiries. The essential issue was how the transaction was to be characterised, and that was a matter of substance and not form.”

WLR Daily, 8th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Woolas) v Parliamentary Election Court and others – WLR Daily

Posted December 9th, 2010 in elections, judicial review, law reports, parliament by sally

Regina (Woolas) v Parliamentary Election Court and others [2010] EWHC 3169 (Admin); [2010] WLR (D) 217

“The relationship of a parliamentary election court to the High Court was such that it was to be regarded as an inferior tribunal so that its actions could be the subject of judicial review; and the jurisdiction in judicial review of an election court was not confined to an excess of jurisdiction in the narrow sense but extended to correcting errors in its application of the law.”

WLR Daily, 8th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.