Recent Statutory Instruments – legislation.gov.uk

Posted December 13th, 2010 in legislation by sally

The Finance Act 2010, Section 23 and Schedule 2 (High Income Excess Relief Charge) (Repeal) Order 2010

The Finance Act 2009, Schedule 35 (Special Annual Allowance Charge) (Cessation of Effect) Order 2010

The Tax Avoidance Schemes (Information) (Amendment) (No.2) Regulations 2010

The Tax Treatment of Financing Costs and Income (Available Amount) Regulations 2010

The Insurance Companies (Calculation of Profits: Policy Holders’ Tax) (Amendment) Regulations 2010

The Iran (European Union Financial Sanctions) Regulations 2010

The Value Added Tax (Amendment) (No. 3) Regulations 2010

The Income and Corporation Taxes (Electronic Communications) (Amendment) Regulations 2010

The National Assembly for Wales (Representation of the People) (Amendment) Order 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 13th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Larkin, R. v [2010] EWCA Crim 2850 (19 November 2010)

Belton, R. v [2010] EWCA Crim 2857 (09 November 2010)

Court of Appeal (Civil Division)

Fry v Densham- Smith [2010] EWCA Civ 1410 (10 December 2010)

High Court (Queen’s Bench Division)

OTS Logistics Belgium NV & Anor v Clarke & Anor [2010] EWHC 3202 (QB) (06 December 2010)

High Court (Family Division)

C and D (Children), Re [2010] EWHC B27 (Fam) (09 November 2010)

High Court (Technology and Construction Court)

Dawes v Treasure and Son Ltd [2010] EWHC 3218 (TCC) (10 December 2010)

Lifestyle Management Ltd. v Frater [2010] EWHC 3258 (TCC) (10 December 2010)

High Court (Commercial Court)

Exportadora Valle De Colina SA (t/a Exportadora Santa Elena) & Ors v A.P. Moller – Maersk AS (t/a Maersk Line) [2010] EWHC 3224 (Comm) (09 December 2010)

Source: www.bailii.org

Time for legal profession to lay down the law on training – The Guardian

Posted December 13th, 2010 in legal education, legal profession, news by sally

“A forthcoming review of the way lawyers are trained provides an ideal opportunity to overhaul a dysfunctional system.”

Full story

The Guardian, 10th December 2010

Source: www.guardian.co.uk

Government will introduce right to employ based on race and gender – OUT-LAW.com

Posted December 13th, 2010 in employment, equality, news by sally

“The Government has said that it will allow organisations to choose job candidates on the basis of their gender, race or disability in limited circumstances.”

Full story

OUT-LAW.com, 10th December 2010

Source: www.out-law.com

Localism Bill: people to get legal right to buy threatened local shops or post offices – Daily Telegraph

Posted December 13th, 2010 in assets of community value, bills, devolution, local government, news, right to buy by sally

“People will be given the legal right to buy threatened community assets like post offices or village shops, Communities secretary Eric Pickles will announce next week.”

Full story

Daily Telegraph, 11th December 2010

Source: www.telegraph.co.uk

Newspapers challenge secrecy of extradition process in court – The Guardian

Posted December 13th, 2010 in extradition, news, private hearings by sally

“An attempt to open up controversial extradition hearings to greater public scrutiny was launched in the high court today (10 December).”

Full story

The Guardian, 10th December 2010

Source: www.guardian.co.uk

Frankie Boyle’s Katie Price joke sparks Ofcom investigation – The Guardian

Posted December 10th, 2010 in complaints, media, news by sally

“Model and reality TV star accuses controversial comic of being a ‘bully’ towards her disabled son on Channel 4 show.”

Full story

The Guardian, 10th December 2010

Source: www.guardian.co.uk

Sex acts prison officer jailed for two years – BBC News

Posted December 10th, 2010 in news, perverting the course of justice, prison officers, sentencing by sally

“A prison officer has been jailed for two years after admitting having a sexual relationship with an inmate.”

Full story

BBC News, 10thDecember 2010

Source: www.bbc.co.uk

Man jailed for killing jockeys in Malton flat fire – BBC News

Posted December 10th, 2010 in arson, homicide, news, sentencing by sally

“A man has been jailed for a minimum of seven-and-a-half years for killing two promising young jockeys in an arson attack in North Yorkshire.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

Appeal hearing over baby injury case in Suffolk – BBC News

Posted December 10th, 2010 in appeals, child abuse, grievous bodily harm, news by sally

“A 34-year-old woman from Suffolk found guilty of injuring a baby in her care has won the first stage of an Appeal Court bid to clear her name.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 10th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v DD (Afghanistan) [2010] EWCA Civ 1407 (10 December 2010)

Dewan & Ors v Lewis [2010] EWCA Civ 1382 (09 December 2010)

Shah v Shah [2010] EWCA Civ 1408 (09 December 2010)

Compania Sud Americana De Vapores SA v Sinochem Tianjin Ltd (Aconcagua) [2010] EWCA Civ 1403 (09 December 2010)

Football Dataco Ltd & Ors v Yahoo! UK Ltd & Ors [2010] EWCA Civ 1380 (09 December 2010)

MGN Ltd & Ors v Grisbrook [2010] EWCA Civ 1399 (09 December 2010)

Ministry of Defence v AB & Ors [2010] EWCA Civ 1405 (09 December 2010)

Court of Appeal (Criminal Division)

Khan, R. v [2010] EWCA Crim 2880 (09 December 2010)

Jumah, R v [2010] EWCA Crim 2900 (09 December 2010)

High Court (Administrative Court)

Adetola, R (on the application of) v First-Tier Tribunal (Immigration and Asylum Chamber) & Anor [2010] EWHC 3197 (Admin) (09 December 2010)

High Court (Chancery Division)

Bloom & Ors v The Pensions Regulator (Nortel, Re) [2010] EWHC 3010 (Ch) (10 December 2010)

High Court (Commercial Court)

Fiona Trust & Holding Corporation Ors v Privalov Ors [2010] EWHC 3199 (Comm) (10 December 2010)

High Court Family Division)

L (A Minor), Re [2010] EWHC 3146 (Fam) (08 December 2010)

High Court (Queen’s Bench Division)

Lait v Evening Standard Ltd [2010] EWHC 3239 (QB) (09 December 2010)

High Court (Technology and Construction Court)

Gunn & Anor v Taygroup Ltd [2010] EWHC 3201 (TCC) (09 December 2010)

Source: www.bailii.org

Supreme Court modifies libel law described by minister as ‘not fit for purpose’ – OUT-LAW.

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

“The defence of ‘fair comment’ in libel actions will become a slightly-amended defence of ‘honest comment’, the Supreme Court has ruled, as Government minister Lord McNally said that current libel law is ‘not fit for purpose.’ ”

Full story

OUT-LAW.com, 7th December 2010

Source: www.out-law.com

Time to break the cycle of crime and reoffending – Ministry of Justice

Posted December 10th, 2010 in criminal justice, news, persistent offenders, rehabilitation, sentencing by sally

“A radical reform of the criminal justice system to punish criminals more effectively and reduce reoffending was announced today by Justice Secretary Kenneth Clarke.”

Full press release

Ministry of Justice, 7th December 2010

Source: www.justice.gov.uk

Government sets out proposals for major reform of the student visa system – UK Border Agency

Posted December 10th, 2010 in education, immigration, press releases, visas by sally

“Tougher entrance criteria, limits on work and an end to students staying in the UK to look for a job are just some of the changes proposed by Immigration Minister Damian Green today as part of a shake-up of the student visa system.”

Full press release

UK Border Agency,7th December 2010

Source: www.ukba.homeoffice.gov.uk

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.”

Full story

The Guardian, 9th December 2010

Source: www.guardian.co.uk