Month: December 2007

Recent Statutory Instruments – OPSI

Posted December 19th, 2007 in legislation by sally

The Value Added Tax (Reduced Rate) (No. 2) Order 2007

The Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) (No. 2) Regulations 2007

The Taxation of Insurance Securitisation Companies Regulations 2007

The Income Tax (Indexation) (No. 2) Order 2007

The Energy Act 2004 (Designation of Publicly Owned Companies) Order 2007

The Maryport Harbour Revision Order 2007

The Criminal Justice Act 2003 (Commencement No. 18 and Transitional Provisions) Order 2007

The Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 2007

The Contaminants in Food (Wales) (Amendment) Regulations 2007

The Plant Health (Wales) (Amendment) (No. 2) Order 2007

The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007

The Overseas Life Insurance Companies (Amendment No. 2) Regulations 2007

The Insurance Companies (Overseas Life Assurance Business) (Excluded Business) (Amendment No. 2) Regulations 2007

The Education (Provision of Information About Young Children) (England) (Amendment) Regulations 2007

The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment No. 2) Regulations 2007

The Insurance Companies (Taxation of Reinsurance Business) (Corporation Tax Acts) (Amendment) Order 2007

The Taxation of Securitisation Companies (Amendment No.2) Regulations 2007

The Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007

The Taxation of Securitisation Companies (Amendment) Regulations 2007

The Securitisation Companies (Application of Section 83(1) of the Finance Act 2005: Accounting Standards) Regulations 2007

The Electricity and Gas (Carbon Emissions Reduction) Order 2008

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted December 19th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Neath Port Talbot County Borough Council v Ware [2007] EWCA Civ 1359 (18 December 2007)

Pajaziti & Anor, R (on the application of) v London Borough of Lewisham [2007] EWCA Civ 1351 (18 December 2007)

Nelson v Greening & Sykes (Builders) Ltd [2007] EWCA Civ 1358 (18 December 2007)

Hall & Ors v Stone [2007] EWCA Civ 1354 (18 December 2007)

Von Essen Hotels 5 Ltd v Vaughan & Anor [2007] EWCA Civ 1349 (17 December 2007)

Collier v P & M J Wright (Holdings) Ltd [2007] EWCA Civ 1329 (14 December 2007)

Rudi, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 1326 (14 December 2007)

Mote v (Secretary of State for Work and Pensions & Anor [2007] EWCA Civ 1324 (14 December 2007)

Entry Clearance Officer, Mumbai v NH (India) [2007] EWCA Civ 1330 (13 December 2007)

Clear Channel UK Ltd, R (on the application of) v London Borough of Southwark [2007] EWCA Civ 1328 (13 December 2007)

Northgate HR Ltd v Mercy [2007] EWCA Civ 1304 (13 December 2007)

Dorning v Personal Representative of Paul Rigby (Deceased) [2007] EWCA Civ 1315 (13 December 2007)

Secretary of State for Work & Pensions v Balding [2007] EWCA Civ 1327 (13 December 2007)

Khudados v Hayden & Ors [2007] EWCA Civ 1316 (13 December 2007)

D v D & Anor [2007] EWCA Civ 1277 (12 December 2007)

Dostenko v City of Westminster [2007] EWCA Civ 1325 (12 December 2007)

Smith (On Behalf of the Gypsy Council) v Buckland [2007] EWCA Civ 1318 (12 December 2007)

Accent Peerless Ltd v Kingsdon & Anor [2007] EWCA Civ 1314 (12 December 2007)

Court of Appeal (Criminal Division)

Hamadi, R. v [2007] EWCA Crim 3048 (18 December 2007)

Lowe v R [2007] EWCA Crim 3047 (14 December 2007)

Source: www.bailii.org

Pitts and Others v Jones

Posted December 19th, 2007 in guarantees, indemnities, law reports by sally

Pitts and Others v Jones

“In distinguishing oral promises as either guarantees or indemnities under the Statute of Frauds 1677, the classic criterion relying on interest in the transaction was not to be taken literally; not every interest in the transaction took the promise out of the statute.”

The Times, 19th December 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.

Kitfix Swallow Group Ltd v Great Gizmos Ltd – Times Law Reports

Posted December 19th, 2007 in law reports, stay of proceedings, trade marks by sally

Kitfix Swallow Group Ltd v Great Gizmos Ltd

“Where English trademark proceedings, in which there was a counterclaim for revocation, were running concurrently with validity proceedings in the Office for the Harmonisation in the Internal Market, there was no presumption that the English proceedings would be stayed.”

The Times, 19th December 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.

Money Laundering Regulations – Guidance for the Bar – The Bar Council

Posted December 19th, 2007 in barristers, money laundering, news by sally

“The Money Laundering Regulations came into force in December 2007. New Guidance has been issued by the Bar Council.”

Full story

The Bar Council, 18th December 2007
Source: www.barcouncil.org.uk

Care proceedings reforms – Ministry of Justice

Posted December 19th, 2007 in children, family courts, news by sally

“The government is implementing key reforms to the child care proceedings system in England and Wales, following a review of the system completed in 2006. The reforms will improve the system and provide better outcomes for children while ensuring that resources are used in a timely and effective way.”

Full story

Ministry of Justice, 18th December 2007

Source: www.justice.gov.uk

Knife crime plans ‘may not work’ – BBC News

Posted December 19th, 2007 in news, offensive weapons by sally

“Measures to cut knife crime may not work because nobody knows if the problem is genuinely getting better or worse, experts have warned.”

Full story

BBC News,  19th December 2007

Source: www.bbc.co.uk

Sausage throwing case costs £20,000 – Daily Telegraph

Posted December 19th, 2007 in assault, news by sally

“A police investigation to prosecute a 12-year-old for throwing a cocktail sausage at a neighbour has cost £20,000.”

Full story

Daily Telegraph, 19th December 2007

Source: www.telegraph.co.uk

Tagging blunder in teenage killer case – Daily Telegraph

Posted December 19th, 2007 in bail, electronic monitoring, murder, news, young offenders by sally

A teenager who stabbed a friend to death after a drunken party should have been under curfew and wearing an electronic tag, it was disclosed yesterday.

Full story

Daily Telegraph, 19th December 2007
Source: www.telegraph.co.uk

Ministers to delay reform of honours system – The Guardian

Posted December 19th, 2007 in news, parliament, peerages & dignities by sally

“Ministers will publish a white paper on Lords reform in the spring following today’s damning parliamentary report into the ‘cash for honours’ scandal.”

Full story

The Guardian, 19th December 2007

Source: www.guardian.co.uk

BNP faces inquiry for ‘illegal activity’ – The Independent

Posted December 19th, 2007 in news, political parties by sally

“Allegations of ‘apparent illegal activity and financial irregularities’ within the British National Party are being referred to the Metropolitan Police and to the Electoral Commission by a Labour MP.”

Full story

The Independent, 19th December 2007

Source: www.independent.co.uk

Critics attack £1,000 bond scheme for foreign relatives who visit UK – The Independent

Posted December 19th, 2007 in immigration, news by sally

“Moves to make families pay bonds of up to £1,000 to sponsor visits by foreign relatives have been condemned as discriminatory.”

Full story

The Independent, 19th December 2007

Source: www.independent.co.uk

Jurors break silence to insist childminder did not kill baby – The Times

Posted December 19th, 2007 in child abuse, homicide, juries, news by sally

“Two jurors have spoken out to question the guilty verdict in a case last month in which a childminder was jailed for shaking a baby to death.”

Full story

The Times, 19th December 2007

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted December 18th, 2007 in legislation by sally

The Recovery of Foreign Taxes Regulations 2007

The Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007

The Pensions Act 2007 (Commencement No. 2) Order 2007

The National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2007

The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2007

The Damages for Bereavement (Variation of Sum) (Northern Ireland) Order 2007

The Films (Certification) (Amendment) Regulations 2007

The Waste and Air Pollution (Miscellaneous Amendments) Regulations 2007

The Salisbury College (Dissolution) Order 2007

The Sheep and Goats (Records, Identification and Movement) (England) Order 2007

The Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (Commencement No. 1) (Northern Ireland) Order 2007

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007

The Avian Influenza (H5N1) (Miscellaneous Amendments) (Wales) Order 2007

The Water Supply (Water Quality) Regulations 2001 (Amendment) Regulations 2007

The Plant Health (Import Inspection Fees) (Wales) (Amendment) (No.2) Regulations 2007

The Private Hire Vehicles (London) (Transitional Provisions) (Amendment) Regulations 2007

Source: www.opsi.gov.uk

Consolidated Fund Act 2007

Posted December 18th, 2007 in budgets, legislation by sally

Consolidated Fund Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

HMRC loses data on 6,000 pension holders – The Guardian

Posted December 18th, 2007 in data protection, HM Revenue & Customs, news by sally

“HM Revenue and Customs became embroiled in another data scandal today after it emerged that it lost personal details of 6,000 private pension holders.”

Full story

The Guardian, 18th December 2007

Source: www.guardian.co.uk

Ofcom flags concerns over pay-TV market – The Times

Posted December 18th, 2007 in competition, media, news by sally

“The communications regulator has identified ‘warning signs’ for future competition in the British pay-television market”.

Full story

The Times, 18th December 2007

Source: www.timesonline.co.uk

Sumukan Ltd v Commonwealth Secretariat (No 2)

Posted December 18th, 2007 in arbitration, law reports by sally

Sumukan Ltd v Commonwealth Secretariat (No 2)

Court of Appeal

“Failure to comply with proper procedure in appointing an arbitrator rendered the appointment invalid and the award a nullity.”

The Times, 18th December 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.

Regina (Main) v Minister for Legal Aid – Times Law Reports

Posted December 18th, 2007 in human rights, inquests, law reports, legal aid by sally

Regina (Main) v Minister for Legal Aid

Court of Appeal

“An inquest held in public was an inquisitorial, not an adversarial process and the coroner could reasonably be expected to carry out a proper investigation without the assistance of counsel for any victims’ families.”

The Times, 18th December 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.

Civil servants face prison for leaving the public vulnerable to dangers of identity theft – The Times

Posted December 18th, 2007 in civil servants, data protection, news by sally

“Civil servants face being jailed for gross failures to safeguard citizens’ personal information under a clampdown following the disappearance of two discs that held the child benefit records of 25 million people.”

Full story

The Times, 18th December 2007

Source: www.timesonline.co.uk