Two sides to freedom – Legal Week
“It is now two-and-a-half years since the Freedom of Information Act 2000 (FOIA) came fully into force, and it is now very much in the media spotlight. Should a breakdown of MPs’ travel expenses be accessible to the general public? To what extent should the formulation of government policy take place in a ‘safe space’ free from public scrutiny? Should the BBC be required to disclose an internal report examining whether it was biased in its reporting of the Israeli-Palestinian conflict? All of these issues have been considered recently by the Information Commissioner and by the Information Tribunal (which hears appeals from the Commissioner’s decisions). They have also been the subject of wider debate among politicians and in the media. They raise an issue that lies at the very heart of FOIA: at what point does a requirement for openess and transparency by public authorities begin to threaten the effective operation of those same authorities?”
Legal Week, 26th July 2007
Source: www.legalweek.com
Small businesses cheer legal victory in landmark tax case – The Independent
“Small businesses were celebrating victory yesterday after the House of Lords dismissed an appeal by HM Revenue & Customs in a landmark tax case, and gave the legal all-clear to a tax-saving arrangement used by thousands of husband-and-wife operations.”
The Independent, 26th July 2007
Source: www.independent.co.uk
Course providers unlikely to be testing new-look LPC until 2009 – Legal Week
“Proposals to allow Legal Practice Course (LPC) providers to run a new-style LPC from as early as September 2008 look set to be delayed.”
Legal Week, 26th July 2007
Source: www.legalweek.co.uk
Nine new councils to be created – BBC News
“The system of councils in England is to be reformed, with the creation of nine new unitary authorities.”
BBC News, 26th July 2007
Source: www.bbc.co.uk
Falconer ‘slow’ to defend judge – BBC News
“Former Lord Chancellor Lord Falconer was ‘too slow’ to defend a judge after government criticism of his sentencing of a Cardiff paedophile, peers say.”
BBC News, 26th July 2007
Source: news.bbc.co.uk
Cohabiting couples ‘should get rights’ – Daily Telegraph
“Cohabiting couples who separate should be given the same rights to each other’s wealth as married couples who divorce, according to Government advisers.”
Daily Telegraph, 26th July 2007
Source: www.telegraph.co.uk
Soldiers to face charges over private’s death – The Guardian
“Three soldiers are to be charged over the death of a young private who collapsed after he was allegedly ordered to take part in a gruelling punishment exercise, the Crown Prosecution Service (CPS) said today.”
The Guardian, 25th July 2007
Source: www.guardian.co.uk
Welsh assembly confirms death sentence on Hindu bullock – The Guardian
“It is cats that are supposed to have nine lives, but Shambo enjoyed more than the average bullock. The six-year-old Friesian was supposed to be slaughtered in May after he was exposed to bovine TB, only to be spared when his Hindu keepers argued he was sacred.”
The Guardian, 26th July 2007
Source: www.guardian.co.uk
Brown sets out sweeping but risky terror and security reforms – The Guardian
“Gordon Brown moved yesterday to dominate the terror and security agenda, grabbing a Tory proposal for an integrated single border force and then challenging David Cameron to accept that the scale of the terrorist threat requires an extension of detention without charge to up to 56 days.”
The Guardian, 26th July 2007
Source: www.guardian.co.uk
Court rules ex-wife’s £200,000 ‘second bite at cherry’ is unfair – The Times
“A multimillionaire succeeded yesterday in stopping the woman whom he divorced nearly 30 years ago from claiming a slice of his fortune after she fell on hard times.”
The Times, 26th July 2007
Source: www.timesonline.co.uk
Government toughens Money Laundering Regulations – HM Treasury
“Today the Economic Secretary, Kitty Ussher, published new tough and targeted Regulations to fight Money Laundering and Terrorist Financing. The Money Laundering Regulations, which will come into effect on the 15th December, are designed to ensure the UK response to money laundering at home and abroad is effective and proportionate.”
HM Treasury press release, 25th July 2007
Source: www.hm-treasury.gov.uk
Judicial watchdog debuts disciplinary figures – Legal Week
“Sixteen holders of judicial office have been removed from their posts in the last year, with a further 16 being subject to alternative disciplinary action, according to figures published by the Office for Judicial Complaints (OJC).”
Legal Week, 25th July 2007
Source: www.legalweek.com
Recent Statutory Instruments – OPSI
Fifth man guilty in terror case – BBC News
“A university student has been found guilty of possessing articles for terrorist purposes.”
BBC News, 25th July 2007
Source: www.bbc.co.uk
Youth crime targets missed – Daily Telegraph
“Increases in arrests of young people for petty crimes and anti-social behaviour have undermined Government efforts to reduce the number of youths entering the criminal justice system, according to a report.”
Daily Telegraph, 25th July 2007
Source: www.telegraph.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
F (Mongolia) v Secretary of State for the Home Department [2007] EWCA Civ 769 (25 July 2007)
North v North [2007] EWCA Civ 760 (25 July 2007)
Madan & Anor v Secretary of State for the Home Department [2007] EWCA Civ 770 (25 July 2007)
London Borough of Lewisham v Malcolm & Anor [2007] EWCA Civ 763 (25 July 2007)
DS (Afghanistan) v Secretary of State for the Home Department [2007] EWCA Civ 774 (25 July 2007)
Assets Recovery Agency v Szepietowski & Ors [2007] EWCA Civ 766 (24 July 2007)
Luke v Stoke-On-Trent City Council [2007] EWCA Civ 761 (24 July 2007)
Secretary of State for Work and Pensions v Morina & AnOr [2007] EWCA Civ 749 (23 July 2007)
Andrews & Anor v Cunningham [2007] EWCA Civ 762 (23 July 2007)
Court of Appeal (Criminal Division)
Ashes v R [2007] EWCA Crim 1848 (24 July 2007)
Banton, R v [2007] EWCA Crim 1847 (24 July 2007)
Javaid v The Crown [2007] EWCA Crim 1845 (23 July 2007)
Rafferty v The Crown [2007] EWCA Crim 1846 (23 July 2007)
High Court (Administrative Court)
Ashwell Property Group Plc & Anor v Cambridge City Council [2007] EWHC 1753 (Admin) (20 July 2007)
High Court (Chancery Division)
Mobile Export 365 Ltd & Anor v Revenue and Customs [2007] EWHC 1737 (Ch) (20 July 2007)
High Court (Commercial Court)
Bank of Scotland v Euclidian (No. 1) Ltd & Ors [2007] EWHC 1732 (Comm) (20 July 2007)
High Court (Queen’s Bench Division)
Tahmassebi v Persia International Bank Plc [2007] EWHC 1751 (QB) (23 July 2007)
Privy Council
Persad v. Trinidad and Tobago (Trinidad and Tobago) [2007] UKPC 51 (23 July 2007)
McLaughlin v. Cayman Islands (Cayman Islands) [2007] UKPC 50 (23 July 2007)
Gibson v. United States of America (The Bahamas) [2007] UKPC 52 (23 July 2007)
Source: www.bailii.org
Sempra Metals Ltd. (formerly Metallgesellschaft Ltd.) v. Inland Revenue Commissioners and Another – The Times
Compound interest is payable in restitution
Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v Inland Revenue Commissioners and Another
“The court had power to make an award of compound interest in a claim for restitution where such an award was necessary to achieve full justice for the claimant.”
The Times, 25th July 2007
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.
Women and justice report – The Fawcett Society
“This report, published on Wednesday 25 July, examines the work that has been done in the last year to improve the criminal justice system for women, as offenders, victims and staff … ”
The Fawcett Society, 25th July 2007
Source: www.fawcettsociety.org.uk