July 2008 – Page 19 – Current Awareness

Serious Fraud Office v Lexi Holdings plc (in Administration) and M – WLR Daily

Posted July 14th, 2008 in confiscation, fraud, law reports, proceeds of crime, trusts by sally

Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235

“A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”

WLR Daily, 11th July 2008

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.

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn NV (Case C-54/07) – WLR Daily

Posted July 14th, 2008 in EC law, employment, law reports, race discrimination by sally

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn NV (Case C-54/07); [2008] WLR (D) 234

“Public statements that persons of particular racial origins were not acceptable as candidates for an employment post prima facie constituted direct discrimination for the purposes of Directive 2000/43 on equal treatment between persons irrespective of racial or ethnic origin, even if no particular complainant could be identified, but it was open to the employer to establish that no infringement of the principle of equal treatment was involved.”

WLR Daily, 11th July 2008

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.

R (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department – WLR Daily

Posted July 14th, 2008 in compensation, judicial review, law reports, miscarriage of justice by sally

R (Bhatt Murphy (a firm) and others) v Independent Assessor; R (Niazi and others) v Secretary of State for the Home Department [2008] EWCA Civ 755; [2008] WLR (D) 233

“The mere existence of a discretionary scheme for compensation to the victims of miscarriages of justice did not create the conditions necessary to establish a legitimate expectation that the scheme would be continued, so that the Secretary of State was entitled to withdraw it without notice or consultation.”

WLR Daily, 11th July 2008

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.

Gibson v Revenue and Customs Prosecution Office – Times Law Reports

Posted July 14th, 2008 in confiscation, drug trafficking, law reports, married persons, profits a prendre by sally

Gibson v Revenue and Customs Prosecution Office

Court of Appeal

“When a confiscation order was made against a convicted drug dealer, his wife was entitled to keep her 50 per cent interest in the matrimonial home, despite a finding in the confiscation proceedings that she had guilty knowledge of the source of her husband’s wealth. The court had no power to supplement the provisions of the Drug Trafficking Act 1994 so as to bring her share of the equity in the matrimonial home within the order.”

The Times, 14th July 2008

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.

Common Services Agency v Scottish Information Commissioner – Times Law Reports

Posted July 14th, 2008 in data protection, freedom of information, law reports, Scotland by sally

Common Services Agency v Scottish Information Commissioner

House of Lords

“Information concerning the incidence of childhood leukaemia in a particular postal area should not be disclosed unless either it could be anonymised so that it was not personal data or could be released in a form which did not contravene one of the data protection principles under the Data Protection Act 1998.”

The Times, 14th July 2008

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.

Terror convicts to be released fom prison early – Daily Telegraph

Posted July 14th, 2008 in early release, news, terrorism by sally

“Dozens of inmates convicted of terrorism offences will be released after serving half their sentences under rules introduced by the Government.”