R (Huitson) v HM Revenue and Customs – WLR Daily

Posted February 1st, 2010 in double taxation, income tax, judicial review, law reports, retrospectivity by sally

R (Huitson) v HM Revenue and Customs [2010] EWHC 97 (Admin); [2010] WLR (D) 11

 “It was within the permissible area of discretionary judgment of Parliament, and compatible with art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, to legislate with retrospective effect to prevent taxpayers from seeking to use, by wholly artificial arrangements, a Double Tax Arrangement such as existed between the United Kingdom and the Isle of Man for a purpose for which it was not intended, so as to defeat the public policy that such an arrangement should do no more than relieve from double taxation.”

WLR Daily, 27th January 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 (RD and PM) v Secretary of State for Work and Pensions; Regina (EM and Others) v Same – Times Law Reports

Posted February 1st, 2010 in law reports by sally

Regina (RD and PM) v Secretary of State for Work and Pensions; Regina (EM and Others) v Same

Court of Appeal

“The distinction made between convicted prisoners serving part of their sentences in psychiatric hospital and non-prisoners in respect of eligibility for welfare benefits was justifiable.”

The Times, 1st February 2010

Source: www.timesonline.co.uk

Regina v Hussain (Munir): Regina v Hussain (Tokeen) – Times Law Reports

Posted February 1st, 2010 in law reports by sally

Regina v Hussain (Munir): Regina v Hussain (Tokeen)

Court of Appeal

“Where a case fell outside the scope of the official sentencing guidelines, the ancient principles of justice and mercy fell to be applied.”

The Times, 1st February, 2010

Source: www.timesonline.co.uk

Jack Straw unveils plans for a new National Victims’ Service – Ministry of Justice

Posted February 1st, 2010 in Ministry of Justice, press releases, victims by sally

“Jack Straw has announced details of the new National Victims’ Service as the next stage of reforms aimed at ensuring the justice system is firmly on the side of the law abiding citizen.”

Full press release

Ministry of Justice, 27th January 2010

Source: www.justice.gov.uk

Ruling gives companies time and certainty in public procurement disputes – OUT-LAW.com

Posted February 1st, 2010 in news, public procurement, tenders, time limits by sally

“Companies now have more time to file legal objections to the award of public contracts after Europe’s top court overturned UK procurement law. The Government will have to re-draft its regulations and the ruling will take immediate effect.”

Full story

OUT-LAW.com, 1st February 2010

Source: www.out-law.com

Cash-for-crash car insurance fraud ring ordered to pay damages – The Times

Posted February 1st, 2010 in news by sally

“An organised ring of ‘cash for crash’ insurance fraudsters has been ordered to pay its victims almost £400,000 after a landmark case in the High Court.”

Full story

The Times, 1st February 2010

Source: www.timesonline.co.uk

Britain stops northern Indian student visas after flood of applicants – The Times

Posted February 1st, 2010 in news by sally

“Britain has temporarily suspended student visa applications in northern India, Nepal and Bangladesh from today following a sudden spike in numbers, throwing thousands of prospective students’ plans into confusion.”

Full story

The Times, 1st February 2010

Source: www.timesonline.co.uk

John Terry case sparks government concern over super-injunctions – The Guardian

Posted February 1st, 2010 in freedom of information, injunctions, media, news by sally

“The government is consulting the media and the judiciary after becoming ‘very concerned’ that super-injunctions, such as the double gagging order which was obtained by the England football captain John Terry but lifted last week, are being used too often.”

Full story

The Guardian, 31st January 2010

Source: www.guardian.co.uk

Government ordered to reveal Iraq legal advice – The Independent

Posted February 1st, 2010 in freedom of information, human rights, Iraq, news, war by sally

“The Government’s most senior legal advisers broke the law by refusing to tell The Independent who was given crucial advice about the treatment of prisoners during the war in Iraq, the Freedom of Information watchdog has ruled.”

Full story

The Independent, 1st February 2010

Source: www.independent.co.uk

Heirs fight test case to appoint their own executors for will – The Times

Posted February 1st, 2010 in news by sally

“A retired civil servant is bringing a High Court test case today over the fees charged to thousands of bereaved relatives each year by will-writing firms when they act as executor of a will. David Khan, 69, from Norwood, South London, is taking legal action against Will Drafters, the Croydon-based firm, claiming that it will charge twice as much as a competitive quote obtained elsewhere.”

Full story

The Times, 1st February 2010

Source: www.timesonline.co.uk

Child abuse deaths still rising despite action after Baby P – The Times

Posted February 1st, 2010 in news by sally

“Almost four children a week died or suffered a serious injury at home last year through neglect or abuse despite tougher child protection rules after the death of Baby P.”

Full story

The Times, 1st February 2010

Source: www.timesonline.co.uk

Woman forced into hiding by Britain’s worst stalker attacks police failures – The Guardian

Posted February 1st, 2010 in harassment, inquiries, news, police by sally

“A social worker who was forced into hiding by a man dubbed Britain’s most prolific stalker has spoken out for the first time over ‘appalling’ failures of the Metropolitan Police in investigating her harassment, followed by what she describes as an ‘incompetent’ internal inquiry into its own conduct.”

Full story

The Guardian, 1st February 2010

Source: www.guardian.co.uk

Smokers to face doorway ban in new public health policy – The Guardian

Posted February 1st, 2010 in health, news, smoking by sally

“Smokers could be forced to light up away from the entrances to public buildings under government moves aimed at ensuring that no more than one in 10 Britons smoke cigarettes.”

Full story

The Guardian, 1st February 2010

Source: www.guardian.co.uk

Conwy man jailed for 20 years for fencing pin attack – BBC News

Posted February 1st, 2010 in attempted murder, attempts, murder, news, sentencing by sally

“A man has been jailed for 20 years after being found guilty of trying to murder his ex-partner with a 4ft 6in (1.2m) metal fencing pin.”

Full story

BBC News, 29th January 2010

Source: www.bbc.co.uk

Current Awareness Survey

Posted January 30th, 2010 in news by sally

We would be grateful if you could spend a few minutes completing a brief user survey, by following the link below. This will enable us to learn more about how the service is being used, with a view to making future improvements.

Survey link

BAILII: Recent Decisions

Posted January 30th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Wilkinson, R v [2009] EWCA Crim 2733 (11 December 2009)

Josephs, R v [2009] EWCA Crim 2800 (17 December 2009)

Sheppard & Anor, R v [2010] EWCA Crim 65 (29 January 2010)

C & Anor, R. v [2010] EWCA Crim 72 (29 January 2010)

Court of Appeal (Civil Division)

Akzo Nobel UK Ltd v Arista Tubes Ltd [2010] EWCA Civ 28 (29 January 2010)

Parkwood Leisure Ltd v Mark Alemo-Herron & 23 Ors [2010] EWCA Civ 24 (29 January 2010)

Welwyn Hatfield Council v Secretary of State for Communities and Local Government & Anor [2010] EWCA Civ 26 (29 January 2010)

High Court (Queen’s Bench Division)

LNS v Persons Unknown [2010] EWHC 119 (QB) (29 January 2010)

High Court (Chancery Division)

Nahome & Ors v Last Cawthra Feather Solicitors [2010] EWHC 76 (Ch) (29 January 2010)

Seymour Road (Southampton) Ltd v Williams & Ors [2010] EWHC 111 (Ch) (29 January 2010)

Webb v MacDonald & Anor [2010] EWHC 93 (Ch) (29 January 2010)

High Court (Administrative Division)

Allan v South Tyneside Law Courts [2010] EWHC 107 (Admin) (12 January 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted January 30th, 2010 in legislation by sally

The Criminal Procedure Rules 2010

The Football Spectators (2010 World Cup Control Period) Order 2010

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2010

The Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2010

The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010

The Export Control (Iran) (Amendment) Order 2010

The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010

The Criminal Defence Service (Information Requests) (Amendment) Regulations 2010

The Political Parties, Elections and Referendums (Civil Sanctions) Order 2010

The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2010

The Preserved Counties of Powys and Mid Glamorgan (Changes in Area) Order 2010

Source: www.opsi.gov.uk

15-year-old locked away after kicking homeless man to death – Daily Telegraph

Posted January 30th, 2010 in murder, news, sentencing, young offenders by sally

“A 15-year-old boy who kicked a homeless man to death in an alcohol-fuelled act of ‘random violence’ has been locked up for four years.”

Full story

Daily Telegraph, 30th January 2010

Source: www.telegraph.co.uk

Ex-carer jailed over child abduction – The Independent

Posted January 30th, 2010 in child abduction, news, sentencing by sally

“A former foster carer who hid a vulnerable boy in a hollowed-out washing machine so he could evade police was jailed for 33 months today after being found guilty of child abduction.”

Full story

The Independent, 29th January 2010

Source: www.independent.co.uk

Couple who deceived planners win right to stay in Potters Bar barn – The Times

Posted January 30th, 2010 in news by sally

“A property developer who built a £500,000 home disguised as a barn in the green belt has won his appeal against eviction.”

Full story

The Times, 30th January 2010

Source: www.timesonline.co.uk