Test Claimants in the Thin Cap Group Litigation v Revenue and Customs Commissioners – WLR Daily

Posted November 19th, 2009 in law reports by sally

Test Claimants in the Thin Cap Group Litigation v Revenue and Customs Commissioners [2009] EWHC 2908 (Ch); [2009] WLR (D) 334

“The United Kingdom’s thin capitalisation (‘thin cap’) provisions which remained in force, in a potentially discriminatory form, until 2004 were not proportionate to achieve the purpose of preventing abusive tax avoidance because they did not allow for a separate defence of commercial justification and so constituted a restriction on freedom of establishment contrary to art 43EC.”

WLR Daily, 18th November 2009

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.

Legacies unleash a battle of wills – The Times

Posted November 19th, 2009 in news by sally

“When Dr Christine Gill last month successfully challenged her mother’s will, which had bequeathed the £2 million family farm in North Yorkshire to the RSPCA, it was just the latest in an increasingly long line of disputes over wills to have been picked over by the media.”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

NHS trust prosecuted over new mother’s death from wrong drug – The Guardian

Posted November 19th, 2009 in news by sally

“A hospital trust in Swindon is being prosecuted on health and safety grounds in the case of a Filipino nurse who died when she was given the wrong drug after giving birth.”

Full story

The Guardian, 18th November 2009

Source: www.guardian.co.uk

Braced for the big bang and Tesco law – The Times

Posted November 19th, 2009 in news by sally

“The opening up of the legal services market brings with it opportunities and threats as new players seek to establish themselves.”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

Government confirms plan to disconnect alleged file-sharers – OUT-LAW.com

Posted November 19th, 2009 in news by sally

“The Government has confirmed that it will pass legislation allowing for the termination of internet connections used by suspected illegal file-sharers but has not yet said whether the action will be subject to independent or court oversight before it takes place.”

Full story

OUT-LAW.com, 18th November 2009

Source: www.out-law.com

The Bill’s in brief: Labour’s plans for new laws – The Times

Posted November 19th, 2009 in news by sally

Full story

The Times, 18th November 2009

Source: www.timesonline.co.uk

Barristers claim unfair secrecy as board debates ban on partnerships – The Times

Posted November 19th, 2009 in news by sally

“Hundreds of years of tradition may be ditched today when the ban on barristers joining in partnership with other professionals is lifted.”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

Prison for suitcase puppy killer – BBC News

Posted November 19th, 2009 in news by sally

“A Sussex woman who left 15 puppies to die in closed suitcases in a locked cupboard has been jailed for 20 weeks.”

Full story

BBC News, 18th November 2009

Source: www.bbc.co.uk

Teenage bullies guilty of killing girl who jumped from window – The Times

Posted November 19th, 2009 in news by sally

“Two teenage girls whose violent and prolonged bullying drove a vicar’s daughter to jump to her death from a window were convicted of manslaughter yesterday.”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

Judge allows secret services to hide evidence in civil lawsuits – The Guardian

Posted November 19th, 2009 in news by sally

“MI5, MI6 and the police will be able to withhold evidence from defendants and their lawyers in civil cases for the first time, the high court ruled today.”

Full story

The Guardian, 18th November 2009

Source: www.guardian.co.uk

Legal Services Board issues proposals on ABS regulation – Law Society’s Gazette

Posted November 18th, 2009 in news by sally

“The Legal Services Board has published a consultation paper outlining the core principles it expects all licensing authorities (LAs) to use in regulating alternative business structures, as it moves towards the next stage in liberalising the delivery of legal services.”

Full story

Law Society’s Gazette, 18th November 2009

Source: www.lawgazette.co.uk

Recent Statutory Instruments – OPSI

Posted November 18th, 2009 in legislation by sally

The Health and Social Care Act 2008 (Commencement No. 13, Transitory and Transitional Provisions and Electronic Communications) Order 2009

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010

The Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2009

The Charities Act 2006 (Changes in Exempt Charities) Order 2009

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2009

Source: www.opsi.gov.uk

Controversy ahead of landmark Bar meeting – The Times

Posted November 18th, 2009 in news by sally

“Hundreds of years of tradition may end tomorrow when the ban on barristers joining with other professionals to set up ‘one stop’ partnerships is lifted.”

Full story

The Times, 18th November 2009

Source: www.timesonline.co.uk“

Planned legislation extends FSA powers – The Times

Posted November 18th, 2009 in news by sally

“The Financial Services Authority is to get new powers that will allow it to seize data from hedge funds.”

Full story

The Times, 18th November 2009

Source: www.timesonline.co.uk

Queen’s Speech 2009 – Ministry of Justice

Posted November 18th, 2009 in news by sally

“The Queen’s Speech has set out the government’s forthcoming legislative programme.”

Full story

Ministry of Justice, 18th November 2009

Source: www.justice.gov.uk

Mother wins change in law over driving bans – Daily Telegraph

Posted November 18th, 2009 in news by sally

“A woman whose daughter was killed by a drunken driver has won a fight against convicts being allowed to serve their driving bans while in prison.”

Full story

Daily Telegraph, 18th November 2009

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted November 18th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Charisma, R. v [2009] EWCA Crim 2345 (13 October 2009)

Court of Appeal (Civil Division)

Leo Pharma (a/s Leo Laboratories Ltd) v Sandoz Ltd [2009] EWCA Civ 1188 (17 November 2009)

High Court (Chancery Division)

Thin Cap Group Litigation, Test Claimants In v Revenue and Customs [2009] EWHC 2908 (Ch) (17 November 2009)

Sheikh & Anor v Dogan & Ors [2009] EWHC 2935 (Ch) (17 November 2009)

High Court (Administrative Court)

James v Crown Prosecution Service [2009] EWHC 2925 (Admin) (04 November 2009)

Egal, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2939 (Admin) (17 November 2009)

BH v Secretary of State for the Home Department [2009] EWHC 2938 (Admin) (17 November 2009)

High Court (Technology and Construction Court)

London Borough of Camden v Makers UK Ltd [2009] EWHC 2944 (TCC) (09 October 2009)

Allied P&L Ltd v Paradigm Housing Group Ltd [2009] EWHC 2890 (TCC) (17 November 2009)

Source: www.bailii.org

Ex-MI5 agent in memoirs battle sues newspaper for naming him – The Guardian

Posted November 18th, 2009 in news by sally

“A former MI5 secret agent is suing the London Evening Standard for revealing his name, his lawyers say, in an attempt to extend Britain’s privacy laws to cover the identity of intelligence officers.”

Full story

The Guardian, 17th November 2009

Source: www.guardian.co.uk

Policing and Crime Act

Posted November 18th, 2009 in legislation by sally

Policing and Crime Act published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Marine and Coastal Access Act 2009

Posted November 18th, 2009 in legislation by sally

Marine and Coastal Access Act 2009 published

Full text of Act

Source: www.opsi.gov.uk