Two sides to freedom – Legal Week

Posted July 26th, 2007 in freedom of information, special report by sally

“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?”

Full story

Legal Week, 26th July 2007

Source: www.legalweek.com

Small businesses cheer legal victory in landmark tax case – The Independent

Posted July 26th, 2007 in dividends, income tax, married persons, news, small businesses by sally

“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.”

Full story

The Independent, 26th July 2007

Source: www.independent.co.uk

Course providers unlikely to be testing new-look LPC until 2009 – Legal Week

Posted July 26th, 2007 in legal education, news by sally

“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.”

Full story

Legal Week, 26th July 2007

Source: www.legalweek.co.uk

Nine new councils to be created – BBC News

Posted July 26th, 2007 in local government, news by sally

“The system of councils in England is to be reformed, with the creation of nine new unitary authorities.”

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BBC News, 26th July 2007

Source: www.bbc.co.uk

Falconer ‘slow’ to defend judge – BBC News

Posted July 26th, 2007 in judges, news, sentencing by sally

“Former Lord Chancellor Lord Falconer was ‘too slow’ to defend a judge after government criticism of his sentencing of a Cardiff paedophile, peers say.”

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BBC News, 26th July 2007

Source: news.bbc.co.uk

Cohabiting couples ‘should get rights’ – Daily Telegraph

Posted July 26th, 2007 in cohabitation, divorce, news by sally

“Cohabiting couples who separate should be given the same rights to each other’s wealth as married couples who divorce, according to Government advisers.”

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Daily Telegraph, 26th July 2007

Source: www.telegraph.co.uk

Soldiers to face charges over private’s death – The Guardian

Posted July 26th, 2007 in armed forces, news by sally

“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.”

Full story

The Guardian, 25th July 2007

Source: www.guardian.co.uk

Welsh assembly confirms death sentence on Hindu bullock – The Guardian

Posted July 26th, 2007 in animals, news, slaughter by sally

“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.”

Full story

The Guardian, 26th July 2007

Source: www.guardian.co.uk

Brown sets out sweeping but risky terror and security reforms – The Guardian

Posted July 26th, 2007 in detention, immigration, news, terrorism by sally

“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.”

Full story

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

Posted July 26th, 2007 in divorce, news by sally

“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.”

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The Times, 26th July 2007

Source: www.timesonline.co.uk

Government toughens Money Laundering Regulations – HM Treasury

Posted July 25th, 2007 in money laundering, news, terrorism by sally

“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.”

Full story

HM Treasury press release, 25th July 2007

Source: www.hm-treasury.gov.uk

Judicial watchdog debuts disciplinary figures – Legal Week

Posted July 25th, 2007 in complaints, judges, news by sally

“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).”

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Legal Week, 25th July 2007

Source: www.legalweek.com

Recent Statutory Instruments – OPSI

Posted July 25th, 2007 in legislation by sally

The Companies (Political Expenditure Exemption) Order 2007

The Nutrition and Health Claims (England) Regulations 2007

The Working Time (Amendment) Regulations 2007

The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007

The Education (Individual Pupil Information) (Prescribed Persons) (Amendment) Regulations 2007

Source: www.opsi.gov.uk

Fifth man guilty in terror case – BBC News

Posted July 25th, 2007 in news, terrorism by sally

“A university student has been found guilty of possessing articles for terrorist purposes.”

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BBC News, 25th July 2007

Source: www.bbc.co.uk

Youth crime targets missed – Daily Telegraph

Posted July 25th, 2007 in criminal justice, news, young offenders by sally

“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.”

Full story

Daily Telegraph, 25th July 2007

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 25th, 2007 in law reports by sally

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)

Stone Heritage Developments Ltd & Ors v Davis Blank Furniss (a firm) [2007] EWCA Civ 765 (24 July 2007)

JL, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 767 (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)

Southwark Law Centre, R (on the application of) v Legal Services Commission [2007] EWHC 1715 (Admin) (20 July 2007)

Ashwell Property Group Plc & Anor v Cambridge City Council [2007] EWHC 1753 (Admin) (20 July 2007)

The Midcounties Co-Operative Ltd, R (on the application of) v The Forest of Dean District Council [2007] EWHC 1714 (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)

Korea National Insurance Corp v Allianz Global Corporate & Specialty AG [2007] EWHC 1744 (Comm) (24 July 2007)

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

Posted July 25th, 2007 in corporation tax, debts, interest, law reports by sally

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.

Call to bar will not be deferred until pupillage complete, says BSB – The Lawyer

Posted July 25th, 2007 in barristers, news by sally

“The Bar Standards Board (BSB) has rejected proposals to defer call to the bar until after a barrister has completed pupillage.”

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The Lawyer, 25th July 2007

Source: www.thelawyer.com

Women and justice report – The Fawcett Society

Posted July 25th, 2007 in criminal justice, reports, women by sally

“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 … ”

Women and justice: the third annual review of the Commission on Women and the Criminal Justice System (PDF)

The Fawcett Society, 25th July 2007

Source: www.fawcettsociety.org.uk

The Living Together Campaign: an investigation of its impact on legally aware cohabitants – Ministry of Justice

Posted July 25th, 2007 in cohabitation by sally

“This is a summary of a short study done in January and September 2006, to assess the attitudes and behaviour of a group of legally aware cohabitants, former cohabitants and intending cohabitants who had accessed The Living Together Campaign (LTC)’s website on the legal position of cohabiting couples.”

The Living Together Campaign – an investigation of its impact on legally aware cohabitants (PDF)

Ministry of Justice, 25th July 2007

Source: www.justice.gov.uk