Current Awareness

“The centre of main interest of a company, for the purposes of recognition of a foreign main proceeding in cross-border insolvency proceedings, was to be identified by reference to factors which were both objective and ascertainable by third parties, not by applying the head office functions test.”

WLR Daily, 1st March 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.

Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard – Times Law Reports

Posted March 2nd, 2010 in law reports by sally

Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard

Court of Appeal

“Perils of the sea were not to be equated with inherent vice of the cargo when assessing whether a marine loss was excluded from an all-risks policy of insurance.”

The Times, 2nd March 2010

Source: www.timesonline.co.uk

Regina (Perinpanathan) v City of Westminster Magistrates Court and Another – Times Law Reports

Posted March 2nd, 2010 in forfeiture, law reports by sally

Regina (Perinpanathan) v City of Westminster Magistrates Court and Another

Court of Appeal

“Magistrates were entitled not to order the police to pay the costs of a claimant who had successfully defended a forfeiture case on the ground that the police had reasonably and properly brought the proceedings in the public interest.”

The Times, 2nd March 2010

Source: www.timesonline.co.uk

Muggers who throttled victims ordered to pay £560,000 – BBC News

Posted March 2nd, 2010 in compensation, news, sentencing, theft by sally

“Two muggers have been ordered to pay more than £560,000 after police were unable to recover many of the valuables they snatched.”

Full story

BBC News, 1st March 2010

Source: www.bbc.co.uk

Lords angered over three strikes rule for filesharers – The Guardian

Posted March 2nd, 2010 in bills, copyright, internet, news, penalties by sally

“The government’s plans to disconnect file sharers from the internet have come in for heavy criticism in parliament, amid claims that ministers are attempting to rush legislation through without proper oversight.”

Full story

The Guardian, 2nd March 2010

Source: www.guardian.co.uk

Justice must be seen to be done, rules judge – The Times

Posted March 2nd, 2010 in news by sally

“The legal moves towards freedom made by Peter Sutcliffe have been shrouded in secrecy for the past 15 months.”

Full story

The Times, 2nd March 2010

Source: www.timesonline.co.uk

GMC begins consultation on MOT for doctors – The Guardian

Posted March 2nd, 2010 in consultations, doctors, news by sally

“A proposed five-year MOT for doctors could enable regulators to spot poor performers in good time and prevent disasters such as the death of David Gray following an overdose of diamorphine by locum GP Dr Daniel Ubani.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Wakefield couple face jail over skin and skull trade – BBC News

Posted March 2nd, 2010 in animals, news by sally

“A couple from West Yorkshire have been told they could go to jail after admitting trading in the skins and skulls of endangered species.”

Full story

BBC News, 1st March 2010

Source: www.bbc.co.uk

PCC response to phone hacking controversy ‘weakened its credibility’ – The Guardian

Posted March 2nd, 2010 in complaints, interception, media, news, reports, telecommunications by sally

“The Press Complaints Commission’s actions over the phone-hacking controversy has weakened its credibility’ and ‘revealed major failings in its mandate and its ways of operating’, according to an independent report.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Vulture funds: UK MPs propose law to end debt relief profiteering – BBC World Service

Posted March 2nd, 2010 in bills, debts, international relations, news by sally

“Campaigners for lower international debts are backing a proposed law in the UK parliament called the Debt Relief (Developing Countries) Bill.”

Full story

BBC World Service, 26th February 2010

Source: www.bbc.co.uk

7/7 victims could have to pay for their own lawyers at inquests – Daily Telegraph

Posted March 2nd, 2010 in inquests, legal aid, news, victims by sally

“The families of victims of the July 7 bombings and survivors of the attacks could have to spend their compensation and life insurance payouts on hiring lawyers for the inquests, it has emerged.”

Full story

Daily Telegraph, 1st March 2010

Source: www.telegraph.co.uk

Yorkshire Ripper Peter Sutcliffe bids for freedom – The Times

Posted March 2nd, 2010 in news by sally

“Peter Sutcliffe, the serial killer, has asked the High Court to fix a time when he can be considered for release from prison.”

Full story

The Times, 1st March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 2nd, 2010 in law reports by sally

Court of Appeal (Civil Division)

Olden v Serious Organised Crime Agency [2010] EWCA Civ 143 (26 February 2010)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs (Rev 1) [2010] EWCA Civ 158 (26 February 2010)

LG, R (on the application of) v Independent Appeal Panel for Tom Hood School & Ors [2010] EWCA Civ 142 (26 February 2010)

Mann v Northern Electric Distribution Ltd [2010] EWCA Civ 141 (26 February 2010)

Stanford International Bank Ltd, Re [2010] EWCA Civ 137 (25 February 2010)

YH, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 116 (25 February 2010)

Seabrook Warehousing Ltd & Ors, R (on the application of) v Revenue and Customs [2010] EWCA Civ 140 (25 February 2010)

MK (Iran), R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 115 (25 February 2010)

Speymill Contracts Ltd v Baskind [2010] EWCA Civ 120 (25 February 2010)

Kellogg Brown & Root Holdings (UK) Ltd v HM Revenue and Custioms [2010] EWCA Civ 118 (24 February 2010)

Cipriani SRL & Ors v Cipriani (Grosvenor Street) Ltd & Ors [2010] EWCA Civ 110 (24 February 2010)

Sinclair v Kearsley & Ors [2010] EWCA Civ 112 (24 February 2010)

UK Housing Alliance (North West) Ltd v Francis [2010] EWCA Civ 117 (24 February 2010)

Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121 (24 February 2010)

Financial Services Authority (FSA) & Ors v Amro International SA & Anor [2010] EWCA Civ 123 (24 February 2010)

Stanton v Collinson [2010] EWCA Civ 81 (24 February 2010)

Richard Buxton (Solicitors) v Mills-Owens & Anor [2010] EWCA Civ 122 (23 February 2010)

Franked Investment Group Litigation Test Claimants v Inland Revenue & Anor [2010] EWCA Civ 103 (23 February 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 1st, 2010 in legislation by sally

The Police and Justice Act 2006 (Commencement No. 13) Order 2010

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2010

The National Health Service (Performers Lists) Amendment Regulations 2010

The Police Authorities (Particular Functions and Transitional Provisions) (Amendment) Order 2010

The Police Authority (Community Engagement and Membership) Regulations 2010

The Policing Plan (Amendment) Regulations 2010

The National Health Service (Strategic Health Authorities: Further Duty to Involve Users) Regulations 2010

The Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010

The Police Pensions (Amendment) Regulations 2010

The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010

The Business Rate Supplements (Accounting) (England) Regulations 2010

The Non-Domestic Rating (Unoccupied Property) (England) (Amendment) Regulations 2010

The Building (Local Authority Charges) Regulations 2010

The Audiovisual Media Services Regulations 2010

The Social Security (Maximum Additional Pension) Regulations 2010

The Special Annual Allowance Charge (Protected Pension Input Amounts) Order 2010

The Pensions Act 2004 (Commencement No. 14) Order 2010

Source: www.opsi.gov.uk

BSB seeks views on authorisation to practise arrangements – Bar Standards Board

Posted March 1st, 2010 in barristers, consultations, legal services, news by sally

“The BSB has issued a consultation paper seeking views on proposals for revisions to barristers’ practising arrangements. The Legal Services Act 2007 requires individuals wishing to provide reserved legal activities (such as exercising a right of audience and the conduct of litigation) to be authorised to do so by the relevant approved regulator.”

Full story

Bar Standards Board, 1st March 2010

Source: www.barstandardsboard.org.uk

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted March 1st, 2010 in appeals, capital gains tax, company law, law reports, shareholders by sally

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 118; [2010] WLR (D) 53

“For the purposes of capital gains tax in relation to associated companies, under s 286(5)(b) of the Taxation of Chargeable Gains Act 1992, a ‘group’ did not require any common purpose but was to be given its ordinary meaning of ‘collection’. Where shares were disposed of by the taxpayer to another company and the ultimate parent companies of each were ‘connected persons’ then the taxpayer and the acquiring company were sufficiently connected within s 18(3) of the 1992 Act for the capital loss on the disposal to be deductible only from chargeable gains arising on other disposals between the same two companies.”

WLR Daily, 25th February 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.

Norris v Government of United States of America (No 2) – WLR Daily

Posted March 1st, 2010 in extradition, law reports, public interest, Supreme Court by sally

Norris v Government of United States of America (No 2) [2009] UKSC 9; [2010] WLR (D) 52

“It was only if some quite exceptionally compelling feature, or combination of features, was present that interference with the right to family life under art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms consequent upon extradition would be other than proportionate to the objective that extradition served.”

WLR Daily, 25th February 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.