Intestacy and Family Provision Claims on Death – Law Commission

Posted October 29th, 2009 in intestacy, news by sally

“On 29 October 2009 we published a Consultation Paper reviewing the law of intestacy and family provision claims on death. The intestacy rules govern the inheritance of assets where a person dies without leaving a will disposing of the whole of his or her property. Whether or not the deceased left a valid will, certain family members and dependants may apply to court for reasonable financial provision from the estate, under the Inheritance (Provision for Family and Dependants) Act 1975 – this is known as a claim for family provision.”

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Law Commission, 29th October 2009

Source: www.lawcom.gov.uk

New report compares publicly funded legal aid expenditure across the globe – Ministry of Justice

Posted October 29th, 2009 in legal aid, news by sally

“An independent report into the costs of legal aid across countries in the EU and further abroad has confirmed that England and Wales has one of the highest per capita spends in the world, said Justice Secretary Jack Straw today.”

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Ministry of Justice, 28th October 2009

Source: www.justice.gov.uk

Why a criminal lawyer should be the next Justice of the Supreme Court – The Times

Posted October 29th, 2009 in news by sally

“The candidacy for the twelfth justice of the UK Supreme Court — the first appointment since the court began its life earlier this month — is under way.”

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The Times, 29th October 2009

Source: www.timesonline.co.uk

Court case results recording review shows error rate of 25% – Law Society’s Gazette

Posted October 29th, 2009 in courts, news, statistics by sally

“HM Courts Service needs to improve the accuracy of its recording of case results ‘as a matter of urgency’, a report by HM Inspectorate of Court Administration (HMICA) found last week.”

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Law Society’s Gazette, 29th October 2009

Source: www.lawgazette.co.uk

Has the new Companies Act helped small business? – The Times

Posted October 29th, 2009 in news by sally

“Will company directors be more accountable to their shareholders and the wider community now that the landmark Companies Act 2006 is now fully in force?”

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The Times, 29th October 2009

Source: www.timesonline.co.uk

Ministers back ‘anti-slavery law’ – BBC News

Posted October 29th, 2009 in forced labour, news by sally

“Ministers are to legislate to outlaw employment practices which campaigners say amount to modern-day slavery.”

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BBC News, 28th October 2009

Source: www.bbc.co.uk

Slaughter may lose its legal stranglehold on banking – The Times

Posted October 29th, 2009 in banking, government departments, law firms, news, tenders by sally

“Slaughter and May could lose its crown as the Government’s preferred legal adviser on the banking crisis. In the biggest legal shake-up since the bank bailouts started two years ago, the Treasury is asking other firms to tender for the business.”

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The Times, 29th October 2009

Source: www.timesonline.co.uk

Mother assesses ‘beasting’ review – BBC News

Posted October 29th, 2009 in armed forces, bullying, courts martial, judicial review, news by sally

“The mother of a soldier who died after an army punishment is considering a judicial review to overturn a decision not to court-martial those involved.”

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BBC News, 29th October 2009

Source: www.bbc.co.uk

TalkTalk threatens legal action over Mandelson’s filesharing plan – The Guardian

Posted October 29th, 2009 in copyright, human rights, internet, news, penalties by sally

“TalkTalk, the second largest internet service provider in the UK, has threatened to launch legal action if business secretary Peter Mandelson follows through with his plan to cut off persistent illegal filesharers’ internet connections.”

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The Guardian, 29th October 2009

Source: www.guardian.co.uk

Solicitors join with bar to fight plans to cut advocacy rates – Law Society’s Gazette

Posted October 29th, 2009 in advocacy, barristers, judicial review, news, solicitors by sally

“The government could face legal action by the Law Society and Bar Council as the professions unite over plans to cut criminal defence advocacy rates by 23%.”

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Law Society’s Gazette, 29th October 2009

Source: www.lawgazette.co.uk

Watchdog proposes shake-up of inheritance law for unmarried couples – The Times

Posted October 29th, 2009 in news by sally

“Unmarried couples would automatically inherit some of their partner’s estate on his or her death under radical reforms proposed today.”

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The Times, 29th October 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted October 28th, 2009 in legislation by sally

The Aerosol Dispensers Regulations 2009

The Controls on Dogs (Non-application to Designated Land) Order 2009

The Income Tax Act 2007 (Amendment) (No. 2) Order 2009

The Corporation Tax Act 2009 (Amendment) Order 2009

Source: www.opsi.gov.uk

Convicted murderer loses vote bid – BBC News

Posted October 28th, 2009 in elections, news, prisons by sally

“A convicted murderer has lost a legal battle to be given the right to vote in elections while serving a prison term.”

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BBC News, 28th October 2009

Source: www.bbc.co.uk

Longer term for Rhys gun supplier – BBC News

Posted October 28th, 2009 in firearms, news, sentencing by sally

“The man who supplied the handgun used to kill Rhys Jones has had his sentence increased to 12 years.”

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BBC News, 28th October 2009

Source: www.bbc.co.uk

Security services ask for secret evidence – The Times

Posted October 28th, 2009 in news by sally

“British intelligence services made an unprecedented request to a High Court judge yesterday to use secret evidence in defending a civil claim alleging they were complicit in the ill-treatment of former Guantanamo Bay detainees.”

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The Times, 28th October 2009

Source: www.timesonline.co.uk

Lord Mandelson sets date for blocking filesharers’ internet connections – The Guardian

Posted October 28th, 2009 in copyright, internet, news, penalties by sally

“Lord Mandelson, the business secretary, warned internet users today that the days of ‘consequence-free’ illegal filesharing are over as he unveiled the government’s plan for cracking down on online piracy.”

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The Guardian, 28th October 2009

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted October 28th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

McAuley, R. v [2009] EWCA Crim 2130 (08 October 2009)

Bradshaw, R. v [2009] EWCA Crim 2113 (09 October 2009)

Court of Appeal (Civil Division)

JSC BTA Bank v Ablyazov & Ors [2009] EWCA Civ 1125 (27 October 2009)

White v Withers Llp & Ors ] EWCA Civ 1122 (27 October 2009)

Charania v Harbour Estates Ltd [2009] EWCA Civ 1123 (27 October 2009)

Grace v The Commissioners for Her Majesty’s Revenue and Customs [2009] EWCA Civ 1082 (28 October 2009)

High Court (Chancery Division)

Thames Valley Housing Association Ltd & Ors v Elegant Homes (Guernsey) Ltd & Ors [2009] EWHC 2647 (Ch) (27 October 2009)

High Court (Commercial Court)

Cooper Tire & Rubber Co & Ors v Shell Chemicals UK Ltd & Ors [2009] EWHC 2609 (Comm) (27 October 2009)

High Court (Technology and Construction Court)

Mayhaven Healthcare Ltd v Bothma & Anor (t/a DAB Builders) [2009] EWHC 2634 (TCC) (26 October 2009)

Source: www.bailii.org

High court injunction – the weapon of choice to slap down protests – The Guardian

Posted October 28th, 2009 in demonstrations, harassment, human rights, injunctions, news by sally

“Chris Osmond is a battle-hardened campaigner who has been in and out of courts during his efforts to close down an arms factory near his home. But one day he made a startling discovery. The other side had his personal diary.”

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The Guardian, 27th October 2009

Source: www.guardian.co.uk

Draft guideline: Corporate manslaughter and health and safety offences causing death – Sentencing Guidelines Council

Posted October 28th, 2009 in corporate manslaughter, health & safety, homicide, news, sentencing by sally

“On Tuesday 27 October 2009, the Sentencing Guidelines Council published a draft guideline on corporate manslaughter and health and safety offences causing death. This is the first offence guideline relating to sentencing organisations rather than individuals, and concerns sentencing for offences where the most serious form of harm was caused, the death of one or more persons.”

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Sentencing Guidelines Council, 27th October 2009

Source: www.sentencing-guidelines.gov.uk

4 Eng Ltd v Harper and others (No 2) – WLR Daily

Posted October 28th, 2009 in fraud, insolvency, law reports by sally

4 Eng Ltd v Harper and others (No 2) [2009] EWHC 2633 (Ch); [2009] WLR (D) 307

“Where it was established that the transferor had entered into a transaction at an undervalue for the purpose of defrauding creditors, the nature of any order and the extent of the relief granted by the court under ss 423(2) and 425 of the Insolvency Act 1986 should take into account the mental state of the transferee of property under a relevant transaction, or of any other person against whom an order was sought, and the degree of their involvement in the fraudulent scheme of the debtor/transferor to put assets out of the reach of his creditors.”

WLR Daily, 26th October 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.