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?”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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%.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.

Joseph and others v Spiller and another – WLR Daily

Posted October 28th, 2009 in contracts, law reports by sally

Joseph and others v Spiller and another [2009] EWCA Civ 1075; [2009] WLR (D) 306

“Where a contract term was contained in a separate document to the principal contract, thereby contravening reg 14(2) of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), that breach did not operate to render the term or the contract as a whole unenforceable.”

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.

Hunt v AB – Times Law Reports

Posted October 28th, 2009 in law reports by sally

Hunt v AB

Court of Appeal

“A person acquitted of rape did not have a cause of action in tort for malicious prosecution against the complainant, unless it could be shown that the complainant had deliberately manipulated the police and the Crown Prosecution Service into taking a course which they would not otherwise have taken.”

The Times, 28th October 2009

Source: www.timesonline.co.uk

Regina (Electoral Commission) v Westminster Magistrates Court, United Kingdom Independence Party intervening – Times Law Reports

Posted October 28th, 2009 in law reports by sally

Regina (Electoral Commission) v Westminster Magistrates Court, United Kingdom Independence Party intervening

Court of Appeal

Once an impermissible donation had been made to a registered political party and the party had not returned it then a magistrates court should, on an application by the Electoral Commission, order forfeiture of an amount equal to the value of the donation.

The Times, 28th October 2009

Source: www.timesonline.co.uk

Regina v Greene (Jeremy Herbert) – Times Law Reports

Posted October 28th, 2009 in law reports by sally

Regina v Greene (Jeremy Herbert)

Court of Appeal (Criminal Division)

“Where a judge ruled that a witness could be treated as hostile at trial within the meaning of section 3 of the Criminal Procedure Act 1865, by the party calling him but that witness did not in the event prove to be hostile, the judge still had to warn the jury to approach that witness’s evidence with caution, and the nature of that direction depended on the particular circumstances of the case.”

The Times, 28th October 2009

Source: www.timesonline.co.uk