Day: 13 November 2008

Recent Statutory Instruments – OPSI

Posted November 13th, 2008 in legislation by sally

The Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Netherlands) Order 2008

The Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (France) Order 2008

The Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Isle of Man) Order 2008

OGCbuying.solutions Trading Fund (Extension and Amendment) Order 2008

The Local Authorities (England) (Charges for Property Searches) Regulations 2008

The Education (Listed Bodies) (England) (Amendment) Order 2008

The Education (Recognised Bodies) (England) (Amendment) Order 2008

The REACH Enforcement Regulations 2008

The Local Authorities (England) (Charges for Property Searches) (Disapplication) Order 2008

The Non-Domestic Rating (Small Business Relief) (Wales) Order 2008

The Plant Health (Wales) (Amendment) Order 2008

Source: www.opsi.gov.uk

Former church minister found guilty of bigamy on the run – Daily Telegraph

Posted November 13th, 2008 in bigamy, clergy, news by sally

“A bigamist who married three women and left them in debt is on the run from police after being convicted in his absence.”

Full story

Daily Telegraph, 13th November 2008

Source: www.telegraph.co.uk

Taxman misled court into granting search warrants – The Times

Posted November 13th, 2008 in HM Revenue & Customs, judicial review, news, search & seizure by sally

“Search warrants executed by Revenue & Customs at the offices of a tax consultancy were held to be unlawful by the High Court today.”

Full story

The Times, 13th November 2008

Source: www.timesonline.co.uk

Former Falkland Islands Governor fined for insider trading – The Times

Posted November 13th, 2008 in insider dealing, news by sally

“A former Governor of the Falkland Islands and a past British ambassador to Peru has been fined by the Financial Services Authority (FSA) for insider dealing in an AIM-listed mining company which he chaired.”

Full story

The Times, 13th November 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 13th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Transport for London v Spirerose Ltd (In Administration) [2008] EWCA Civ 1230 (13 November 2008)

NB (Guinea) & Anor v Secretary of State for the Home Dept [2008] EWCA Civ 1229 (13 November 2008)

High Court (Commercial Court)

Rayden & Anor v Edwardo Ltd & Anor [2008] EWHC 2689 (Comm) (05 November 2008)

Source: www.bailii.org

Forced Marriage Act and relevant third parties – Ministry of Justice

Posted November 13th, 2008 in forced marriages, news by sally

“Justice Minister Bridget Prentice has made a statement on the government’s response to a consultation on third party applications on behalf of victims of forced marriages.”

Full story

Ministry of Justice, 13th November 2008

Source: www.justice.gov.uk

Wrongly-jailed men lose compensation bids – The Independent

Posted November 13th, 2008 in compensation, miscarriage of justice, news by sally

“Two victims of high-profile ‘miscarriages of justice’ cases lost a legal battle for increased compensation awards today.”

Full story

The Independent, 13th November 2008

Source: www.independent.co.uk

Binge drinkers to confront their alcohol-related criminal behaviour – Home Office

Posted November 13th, 2008 in alcohol abuse, drunk and disorderly, news, police by sally

“Binge drinkers arrested for alcohol related offences in nine police force areas across the country will be compelled to face up to the consequences of their drinking, Home Office Minister Alan Campbell announced today.”

Full story

Home Office, 13th November 2008

Source: www.homeoffice.gov.uk

R v Moulden – WLR Daily

Posted November 13th, 2008 in indictments, law reports, proceeds of crime, sentencing by sally

R v Moulden [2008] EWCA Crim 2561; [2008] WLR (D) 352

“In s 6(2)(a) of the Proceeds of Crime Act 2002, the words ‘proceedings before the Crown Court’ meant proceedings under a single indictment. The expression did not cover everything, in whatever form, before the court on the date sentence was to be imposed.”

WLR Daily, 12th November 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.

E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) – WLR Daily

Posted November 13th, 2008 in human rights, judicial review, law reports, Northern Ireland, police, public order by sally

E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) [2008] UKHL 66; [2008] WLR (D) 351

“The positive obligation imposed on the state and its emanations by art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified, and was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”

WLR Daily, 12th November 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.

Artists lobby for royalty rights of the dead – OUT-LAW.com

Posted November 13th, 2008 in artistic works, intellectual property, news by sally

“Artists have unanimously backed a proposal to award resale royalties to artists after their death, the UK Intellectual Property Office (UK-IPO) has said. The art trade has almost unanimously rejected the plan.”

Full story

OUT-LAW.com, 13th November 2008

Source: www.out-law.com

Tougher rules on prosecuting death drivers after killers escape jail – Daily Telegraph

Posted November 13th, 2008 in dangerous driving, news, prosecutions by sally

“Prosecutors have been told to take a tougher line on dangerous driving after a review showed that motorists who killed have escaped jail.”

Full story

Daily Telegraph, 12th November 2008

Source: www.telegraph.co.uk

13,000 people wrongly branded criminals – Daily Telegraph

Posted November 13th, 2008 in criminal records, news by sally

“Up to 13,000 people have been wrongly labelled as criminals or accused of more serious offences because of blunders by the police and the Criminal Records Bureau.”

Full story

Daily Telegraph, 12th November 2008

Source: www.telegraph.co.uk

Free, gratis and for nothing: why pro bono has finally come of age – The Times

Posted November 13th, 2008 in news, pro bono work, special report by sally

“Afghanistan is a long way, in every sense, from the elegant rooms of barristers within the ancient Inns of Court and London’s legal square mile.

But for the past five years, barristers from a number of chambers have travelled out of their comfort zone for regular trips there for Access to Justice in Afghanistan, a Bar human rights committee project.”

Full story

The Times, 11th November 2008

Source: www.timesonline.co.uk

Catching up with the ‘internet pimps’ – BBC News

Posted November 13th, 2008 in internet, news, trafficking in human beings by sally

“Nine people from Thailand have been jailed for up to two-and-a-half-years for their part in exploiting women who were advertised in ‘online brothels’. They are thought to have made millions of pounds from women trafficked from Asia to the UK for use in the sex trade.”

Full story

BBC News, 12th November 2008

Source: www.bbc.co.uk

UK Government consults on consumer protection law overhaul – OUT-LAW.com

Posted November 13th, 2008 in consumer protection, EC law, news by sally

“The Government has asked businesses whether they back a set of consumer protection laws proposed by the European Commission. If the proposals become law then retailers across Europe will have to offer the same consumer rights.”

Full story

OUT-LAW.com, 12th November 2008

Source: www.out-law.com

Garry Newlove murder pair to begin appeals – Daily Telegraph

Posted November 13th, 2008 in appeals, murder, news, young offenders by sally

“Two teenagers convicted of the murder of father-of-three Garry Newlove – who died after confronting a gang outside his home – are launching their appeals.”

Full story

Daily Telegraph, 13th November 2008

Source: www.telegraph.co.uk

Judges reject Met police appeal – The Independent

Posted November 13th, 2008 in false imprisonment, news, police, terrorism by sally

“The brother of a pilot falsely accused of involvement in the September 11 terror attacks today fought off a police attempt to overturn a ruling that he is entitled to damages arising out of his own arrest.”

Full story

The Independent, 12th November 2008

Source: www.independent.co.uk

Are high costs failing those looking for justice? – The Times

Posted November 13th, 2008 in costs, fees, news, special report by sally

“The fundamental review of costs of litigation in the civil courts set up under Lord Justice Jackson was described as the biggest thing since the Woolf report, at the Civil Justice Council’s (CJC) costs forum last month — which is appropriate, given that high costs are a particular failure of the former Lord Chief Justice’s reforms.”

Full story

The Times, 13th November 2008

Source: www.timesonline.co.uk