Serious Organised Crime Agency v Szeptiewski and others (No 2) – WLR daily

Posted July 25th, 2011 in appeals, equity, law reports, proceeds of crime by sally

Serious Organised Crime Agency v Szeptiewski and others (No 2) [2011] EWCA Civ 856;  [2011] WLR (D)  245

“In the circumstances which arose the Serious Organised Crime Agency (‘SOCA’) was entitled to invoke the equitable doctrine of marshalling and in effect to be subrogated to a second charge over a property as security for the shortfall left unsatisfied following the sale of other properties.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Drake v Harvey and others – WLR Daily

Posted July 25th, 2011 in appeals, law reports, partnerships, valuation by sally

Drake v Harvey and others [2011] EWCA Civ 838;  [2011] WLR (D)  244

“There was no general default rule or presumption that the basis on which an outgoing partner’s share of partnership assets was to be determined was a fair value unless the partnership deed expressly stated otherwise; the correct approach was to derive the basis of valuation from the terms of the deed itself applying normal principles of contractual interpretation.”

WLR Daily, 20th July 2011

Source: www.iclr.co.uk

B v Secretary of State for the Home Department – WLR Daily

Posted July 25th, 2011 in appeals, contempt of court, law reports by sally

B v Secretary of State for the Home Department [2011] EWCA Civ 828;  [2011] WLR (D)  243

“The question for the Court of Appeal exercising its appellate jurisdiction under section 13 of the Administration of Justice Act 1960 in respect of a sentence imposed for contempt of court was whether the sentence was manifestly excessive.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Regina v F(S) – WLR daily

Posted July 25th, 2011 in abuse of process, appeals, delay, law reports, stay of proceedings by sally

Regina v F(S) [2011] EWCA Crim 1844;  [2011] WLR (D)  242

“An application to stay criminal proceedings for abuse of process on grounds of delay and a submission of ‘no case to answer’ were two distinct matters which had to receive distinct and separate consideration. An application to stay for abuse of process on the grounds of delay could not succeed unless, exceptionally, a fair trial was no longer possible owing to prejudice to the defendant caused by the delay which could not fairly be addressed in the normal trial process, whereas on a submission of ‘no case’ the question was whether the evidence, viewed overall, was such that the jury could properly convict.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 25th, 2011 in legislation by sally

The Beer (Amendment) Regulations 2011

The Gaming Duty (Amendment) Regulations 2011

The Registered Pension Schemes (Notice of Joint Liability for the Annual Allowance Charge) Regulations 2011

The Registered Pension Schemes (Prescribed Requirements of Flexible Drawdown Declaration) Regulations 2011

The Registered Pension Schemes (Modification of Scheme Rules) Regulations 2011

The Registered Pension Schemes (Transfer of Sums and Assets) (Amendment) (No. 2) Regulations 2011

The Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2011

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

The Corporation Tax (Instalment Payments) (Amendment) Regulations 2011

The Corporation Tax Act 2010 (Factors Determining Substantial Commercial Interdependence) Order 2011

The Registered Pension Schemes (Relevant Income) Regulations 2011

The Taxation of Pension Schemes (Transitional Provisions) (Amendment) (No.2) Order 2011

The Immigration (Provision of Physical Data) (Amendment) Regulations 2011

The Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011

The Registered Pension Schemes (Miscellaneous Amendments) Regulations 2011

The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011

The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011

Source: www.legislation.gov.uk

CPS decides not to charge Salford man over intruder’s death – Crown Prosecution Service

Posted July 25th, 2011 in burglary, Crown Prosecution Service, homicide, press releases by sally

“A man who fatally stabbed an intruder who broke into his home in Salford will not face charges, the Crown Prosecution Service announced today.”

Full story

Crown Prosecution Service, 22nd July 2011

Source: www.cps.gov.uk

EU privacy watchdogs contradict UK position on cookie consent – OUT-LAW.com

Posted July 25th, 2011 in consent, data protection, EC law, internet, news by sally

“EU data protection watchdogs have contradicted UK regulations on the use of cookies, advising the European Commission to specify that user consent must be obtained before cookies are used.”

Full story

OUT-LAW.com, 25th July 2011

Source: www.out-law.com

Terrorism suspect ordered to leave London – The Guardian

Posted July 25th, 2011 in control orders, human rights, London, news, terrorism by sally

“A terrorist suspect and father of five has been ordered to move to a city outside London because of the risk that he might participate in fundraising for Pakistani militant groups.”

Full story

The Guardian, 22nd July 2011

Source: www.guardian.co.uk

Surgeon who botched operations is suspended for a year – The Guardian

Posted July 25th, 2011 in disciplinary procedures, doctors, medical treatment, news by sally

“A vascular surgeon who botched operations, resulting in one man bleeding to death and a woman having to breathe through a tube for the rest of her life, has been suspended for 12 months by the General Medical Council.”

Full story

The Guardian, 24th July 2011

Source: www.guardian.co.uk

Rapist infected woman with hepatitis C – BBC News

Posted July 25th, 2011 in news, rape, sentencing by sally

“A sex attacker who infected a woman with hepatitis C when he broke into her south London home and raped her has been jailed indefinitely.”

Full story

BBC News, 21st July 2011

Source: www.bbc.co.uk

Family calls for UK trial for London terror suspect – BBC News

Posted July 25th, 2011 in extradition, human rights, news, proscribed organisations, terrorism by sally

“The family of a south London man who is fighting against his extradition to the US on terrorism charges have called for him to be tried in the UK.”

Full story

BBC News, 21st July 2011

Source: www.bbc.co.uk

Asylum seekers furious at rush to hit deportation deadline – The Independent

Posted July 25th, 2011 in asylum, deportation, news by sally

“Lawyers are working frantically to stop the deportation of a young man to Afghanistan amid claims that the UK Border Agency is making ‘irrational decisions’ driven by a panic to meet targets.”

Full story

The Independent, 23rd July 2011

Source: www.independent.co.uk

£220m for wife who lived with oligarch for just two years – Daily Telegraph

Posted July 25th, 2011 in divorce, news by sally

“The ex-wife of the Russian oligarch Boris Berezovsky shattered the record for a British divorce payout when she accepted a settlement worth up to £220 million.”

Full story

Daily Telegraph, 22nd July 2011

Source: www.telegraph.co.uk

Mothers-to-be died due to substandard care – Daily Telegraph

Posted July 25th, 2011 in birth, hospitals, midwives, news, reports by sally

“Between January 2009 and June 2010 there were 42 maternal deaths in units across London – more than twice the expected number. That prompted NHS London, the strategic health authority, to commission an independent review.”

Full story

Daily Telegraph, 25th July 2011

Source: www.telegraph.co.uk

Matrix silk to lead group Hackgate claim against News International – The Lawyer

Posted July 22nd, 2011 in barristers, interception, law firms, media, privacy by sally

“As many as 25 phone-hacking cases against News International are to be heard jointly at the beginning of 2012, with five high-profile individuals acting as lead claimants.”

Full story

The Lawyer, 21st July 2011

Source: www.thelawyer.com

SRA probes solicitors’ handling of Hackgate – The Lawyer

“The Solicitors Regulation Authority (SRA) has launched a formal investigation into the role played by solicitors in the News International phone-hacking scandal.”

Full story

The Lawyer, 22nd July 2011

Source: www.thelawyer.com

Solicitors from Hell founder loses defamation case – The Lawyer

Posted July 22nd, 2011 in damages, defamation, law firms, news by sally

“The founder of consumer website Solicitors from Hell has lost another defamation case in the High Court, with Mr Justice Tugendhat ordering him to pay £10,000 to Marlow firm Gabbitas Robins.”

Full story

The Lawyer, 22nd July 2011

Source: www.thelawyer.com

Sins of the mother must be visited upon son, court rules – Daily Telegraph

Posted July 22nd, 2011 in confiscation, debts, news by sally

“A music student at Cambridge University has been stripped of his picturesque Scottish island home after a court ruled it must be sold to pay off his criminal mother’s debts.”

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Daily Telegraph, 22nd July 2011

Source: www.telegraph.co.uk

How far can legal professional privilege go? – The Guardian

Posted July 22nd, 2011 in law firms, news, privilege by sally

“Legal professional privilege meant Harbottle & Lewis had to secure a waiver to discuss Murdoch’s claim about phone hacking claims.”

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The Guardian, 22nd July 2011

Source: www.guardian.co.uk

Salford burglar death: No prosecution over stabbing – BBC News

Posted July 22nd, 2011 in burglary, homicide, news, self-defence by sally

“A man who fatally stabbed a burglar at his home in Salford will not be prosecuted, the Crown Prosecution Service (CPS) has said.”

Full story

BBC News, 22nd July 2011

Source: www.bbc.co.uk