Government strengthens plans for non-jury inquests – Ministry of Justice

Posted March 18th, 2009 in inquests, juries, news by sally

“Strengthened proposals for non-jury inquests that allow for more judicial involvement and discretion were announced today by the government.”

Full story

Ministry of Justice, 18th March 2008

Source: www.justice.gov.uk

United States Securities and Exchange Commission v Manterfield – Times Law Reports

Posted March 18th, 2009 in enforcement, foreign jurisdictions, freezing injunctions, law reports by sally

United States Securities and Exchange Commission v Manterfield

Court of Appeal

“A regulatory body in the United States seeking to enforce disgorgement of proceeds of alleged fraud could be granted a freezing order over assets in the United Kingdom.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others – Times Law Reports

Posted March 18th, 2009 in human rights, law reports, school exclusions, standard of proof by sally

Regina (V: a Child) v Independent Appeal Panel for Tom Hood School and Others

Queen’s Bench Division

“The permanent exclusion of a child from a particular school did not engage the fair trial provisions protected by article 6 of the European Convention on Human Rights; the standard of proof in establishing facts was the balance of probabilities.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd – Times Law Reports

Posted March 18th, 2009 in law reports, public interest, undertakings, winding up by sally

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd

Court of Appeal

“Where winding-up proceedings were brought against a company because its trading practices were ‘inherently objectionable’ under section 124A of the Insolvency Act 1986, as inserted by section 60(3) of the Companies Act 1989, it was open to the judge to dismiss the proceedings on the basis of assurances from the company that the objectionable features of its business model would be reformed.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Why the courts are at breaking point – The Times

Posted March 18th, 2009 in Crown Court, delay, news by sally

“The Crown Court in England and Wales is at ‘breaking point’ after a 5 per cent rise in cases to 136,000 a year, an independent watchdog has found.”

Full story

The Times, 17th March 2009

Source: www.timesonline.co.uk

UK ‘ignoring men’s torture claim’ – BBC News

Posted March 18th, 2009 in news, Pakistan, police, torture by sally

“The UK government has been accused of ‘doing nothing’ to help two men from Birmingham who were allegedly tortured in police custody in Pakistan.”

Full story

BBC News, 17th March 2009

Source: www.bbc.co.uk

27 years on, judges review murder conviction – The Independent

Posted March 18th, 2009 in DNA, evidence, murder, news by sally

“A man who has spent 27 years behind bars for murder will have the safety of his conviction reviewed by top judges today in the light of new DNA evidence.”

Full story

The Independent, 18th March 2009

Source: www.independent.co.uk

Barclays in court again to halt publication

Posted March 18th, 2009 in banking, confidentiality, injunctions, news, tax avoidance by sally

“Barclays Capital will return to court tomorrow in a bid to prevent the publication of leaked documents that allegedly detail how the bank avoided paying hundreds of millions of pounds in tax.”

Full story

The Times, 17th March 2009

Source: www.timesonline.co.uk

Final say for judges on private inquests – The Times

Posted March 18th, 2009 in inquests, news by sally

“A plan that would allow some sensitive inquests to be held in private is to be watered down after strong opposition from MPs, lawyers and civil libertarians.”

Full story

The Times, 18th March 2009

Source: www.timesonline.co.uk

Parents face gang culture action – BBC News

Posted March 18th, 2009 in children, gangs, news, parental responsibility by sally

“Parents of children involved in gang violence should be ‘held to account’, ministers are to argue as they warn of the growing threat of gang culture.”

Full story

BBC News, 18th March 2009

Source: www.bbc.co.uk

Cerebral palsy victim sues over ‘birth blunder’ – Daily Telegraph

Posted March 18th, 2009 in birth, hospitals, negligence, news by sally

“A cerebral palsy sufferer who won a scholarship to Eton and then achieved a mathematics PhD from Cambridge University has begun a legal battle to sue the NHS for millions of pounds over mistakes he claims were made by doctors at his birth.”

Full story

Daily Telegraph, 17th March 2009

Source: www.telegraph.co.uk

Report uncovers child trafficking – BBC News

Posted March 18th, 2009 in children, news, trafficking in human beings, Wales by sally

“Children as young as three are being trafficked to Wales from China, Bangladesh and Nigeria for sex, drugs and domestic servitude, a study shows.”

Full story

BBC News, 18th March 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Johnson (RT) v R [2009] EWCA Crim 468 (17 March 2009)

Court of Appeal (Civil Division)

AM & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2009] EWCA Civ 219 (17 March 2009)

Anglo Continental Educational Group (GB) Ltd v Capital Homes (Southern) Ltd (Rev 1) [2009] EWCA Civ 218 (17 March 2009)

High Court (Administrative Court)

Fraser, R (on the application of) v National Institute for Health & Clinical Excellence & Anor [2009] EWHC 452 (Admin) (13 March 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 17th, 2009 in legislation by sally

The County of Shropshire (Electoral Changes) Order 2009

The County of West Sussex (Electoral Changes) Order 2009

The County of Wiltshire (Electoral Changes) Order 2009

The Discipline of Judges (Designation) Order 2009

The Proscribed Organisations (Name Change) Order 2009

The Social Security (Contributions) (Amendment No. 2) Regulations 2009

The Social Security (Contributions) (Re-rating) Order 2009

The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2009

The Social Security (Contributions) (Amendment No. 3) Regulations 2009

The Housing (Purchase of Equitable Interests) (England) Regulations 2009

The Housing (Service Charge Loans) (Amendment) (England) Regulations 2009

The Employment Act 2008 (Commencement No. 2, Transitional Provisions and Savings) Order 2009

The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) (Amendment) Order 2009

The Dudley and Walsall Mental Health Partnership National Health Service Trust (Originating Capital) Order 2009

The Polygraph Rules 2009

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009

The Private Security Industry Act 2001 (Approved Contractor Scheme) Regulations 2007 (Amendment) Regulations 2009

The Private Security Industry Act 2001 (Commencement No.1) (Northern Ireland) Order 2009

The Private Security Industry Act 2001 (Licences) Regulations 2007 (Amendment) Regulations 2009

The Private Security Industry Act 2001 (Duration of Licence)(No.2) Order 2006 (Amendment) Order 2009

The Electricity Safety, Quality and Continuity (Amendment) Regulations 2009

The Overhead Lines (Exemption) (England and Wales) Regulations 2009

The Asylum Support (Amendment) (Revocation) Regulations 2009

Source: www.opsi.gov.uk

Law Soc calls for tax exemption for smaller firms – Legal Week

Posted March 17th, 2009 in law firms, news, taxation by sally

“The Law Society has urged HM Revenue & Customs (HMRC) to consider suspending the practice of taxing law firms before they have been paid for their services for the remainder of the recession.”

Full story

Legal Week, 17th March 2009

Source: www.legalweek.com

Man jailed over £1.7m Lowry raid – BBC News

Posted March 17th, 2009 in news, sentencing, theft by sally

“A man convicted of an ‘audacious and well-planned’ raid to steal LS Lowry artworks valued at £1.7m has been given an indefinite jail sentence.”

Full story

BBC News, 17th March 2009

Source: www.bbc.co.uk

Gurkhas demand government action – BBC News

Posted March 17th, 2009 in armed forces, Gurkhas, immigration, news by sally

“Former Gurkha soldiers who are fighting for the right to settle in the UK are seeking a High Court injunction to force the government to take action.”

Full story

BBC News, 17th March 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Paulin v Paulin [2009] EWCA Civ 221 (17 March 2009)

London Ambulance Service NHS Trust v Small [2009] EWCA Civ 220 (17 March 2009)

High Court (Chancery Division)

Revenue & Customs v The Boots Company Plc [2009] EWHC 487 (Ch) (16 March 2009)

High Court (Administrative Court)

Donnachie, R (on the application of) v Cardiff Magistrates’ Court & Anor [2009] EWHC 489 (Admin) (16 March 2009)

Siddall, R (on the application of) v Secretary of State for Justice [2009] EWHC 482 (Admin) (16 March 2009)

Brett v Director of Public Prosecutions [2009] EWHC 440 (Admin) (16 March 2009)

Source: www.bailii.org

Online video regulation structure outlined by Government – OUT-LAW.com

Posted March 17th, 2009 in EC law, internet, media, news by sally

“Media regulator Ofcom will take over the regulation of video on demand services, but will delegate it to an industry-formulated co-regulator, the Government has said.”

Full story

OUT-LAW.com, 17th March 2009

Source: www.out-law.com

HMRC investigates allegations of tax avoidance schemes at Barclays – The Times

Posted March 17th, 2009 in banking, news, tax avoidance by sally

“HM Revenue & Customs (HMRC) is reportedly investigating alleged tax avoidance schemes run by Barclays.”

Full story

The Times, 17th March 2009

Source: www.timesonline.co.uk