01/03/2010 – Current Awareness

“The BSB has issued a consultation paper seeking views on proposals for revisions to barristers’ practising arrangements. The Legal Services Act 2007 requires individuals wishing to provide reserved legal activities (such as exercising a right of audience and the conduct of litigation) to be authorised to do so by the relevant approved regulator.”

Full story

Bar Standards Board, 1st March 2010

Source: www.barstandardsboard.org.uk

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted March 1st, 2010 in appeals, capital gains tax, company law, law reports, shareholders by sally

Kellogg Brown & Root Holdings (UK) Ltd v Revenue and Customs Commissioners [2010] EWCA Civ 118; [2010] WLR (D) 53

“For the purposes of capital gains tax in relation to associated companies, under s 286(5)(b) of the Taxation of Chargeable Gains Act 1992, a ‘group’ did not require any common purpose but was to be given its ordinary meaning of ‘collection’. Where shares were disposed of by the taxpayer to another company and the ultimate parent companies of each were ‘connected persons’ then the taxpayer and the acquiring company were sufficiently connected within s 18(3) of the 1992 Act for the capital loss on the disposal to be deductible only from chargeable gains arising on other disposals between the same two companies.”

WLR Daily, 25th February 2010

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.

Norris v Government of United States of America (No 2) – WLR Daily

Posted March 1st, 2010 in extradition, law reports, public interest, Supreme Court by sally

Norris v Government of United States of America (No 2) [2009] UKSC 9; [2010] WLR (D) 52

“It was only if some quite exceptionally compelling feature, or combination of features, was present that interference with the right to family life under art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms consequent upon extradition would be other than proportionate to the objective that extradition served.”

WLR Daily, 25th February 2010

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.

Regina v Zaman – Times Law Reports

Posted March 1st, 2010 in law reports by sally

Regina v Zaman

Court of Appeal (Criminal Division)

“A conviction for assisting an offender was not rendered unsafe by reason of subsequent acquittal of the person assisted.”

The Times, 1st March 2010

Source: www.timesonline.co.uk

Regina (Quila) v Secretary of State for the Home Department – Times Law Reports

Posted March 1st, 2010 in law reports by sally

Regina (Quila) v Secretary of State for the Home Department

Queen’s Bench Division

“Age discrimination against immigrant spouses aged under 21 was justified.”

The Times, 1st March 2010

Source: www.timesonline.co.uk

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others – Times Law Reports

Posted March 1st, 2010 in law reports by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and Others

Court of Appeal

“There was not, and need not be an exception to the ‘without-prejudice’ rule so as to permit evidence of such communications and discussions to be given in a dispute about the interpretation of a written settlement agreement.”

The Times, 1st March 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 1st, 2010 in law reports by sally

High Court (Queen’s Bench)

Veolia Water Central Ltd v London Fire & Emergency Planning Authority [2010] EWHC 208 (QB) (09 February 2010)

Moore v Hotelplan Ltd (t/a Inghams Travel) & Anor [2010] EWHC 276 (QB) (22 February 2010)

Rutherford v Seymour Pierce Ltd [2010] EWHC 375 (QB) (11 February 2010)

Law Society of England and Wales v Secretary of State for Justice & Anor [2010] EWHC 352 (QB) (26 February 2010)

High Court (Chancery Division)

Sharafi & Anor v Woven Rugs Ltd & Ors [2010] EWHC 230 (Ch) (24 February 2010)

Shah v Shah & Ors [2010] EWHC 313 (Ch) (24 February 2010)

Good Harvest Partnership Llp v Centaur Services Ltd [2010] EWHC 330 (Ch) (23 February 2010)

Test Claimants In the Act Group Litigation (Classes 4 & 2) v Revenue and Customs [2010] EWHC 359 (Ch) (26 February 2010)

HR Trustees Ltd v German & Anor [2010] EWHC 321 (Ch) (26 February 2010)

High Court (Family Division)

B, C, and D (Children), Re [2010] EWHC 262 (Fam) (05 February 2010)

High Court (Administrative Court)

Prasannan v Royal Borough of Kensington and Chelsea [2010] EWHC 319 (Admin) (25 February 2010)

Pounder (2), R (on the application of) v HM Coroner for the North and South Districts of Durham and Darlington & Ors [2010] EWHC 328 (Admin) (23 February 2010)

Gill, R (on the application of) v Secretary of State for Justice [2010] EWHC 364 (Admin) (26 February 2010)

DPP v Fearon [2010] EWHC 340 (Admin) (10 February 2010)

L v Crown Prosecution Service [2010] EWHC 341 (Admin) (10 February 2010)

High Court (Commercial Court)

Kazeminy & Ors v Siddiqi & Ors [2010] EWHC 201 (Comm) (25 February 2010)

AP Moller-Maersk A/S (t/a “Maersk Line”) v Sonaec Villas Cen Sad Fadoul & Ors [2010] EWHC 355 (Comm) (26 February 2010)

Choil Trading SA v Sahara Energy Resources Ltd [2010] EWHC 374 (Comm) (26 February 2010)

High Court (Technology and Construction Court)

Forest Heath District Council v ISG Jackson Ltd [2010] EWHC 322 (TCC) (22 February 2010)

Softlanding Systems, Inc v KDP Software Ltd & Anor [2010] EWHC 326 (TCC) (26 February 2010)

S G South Ltd v Swan Yard (Cirencester) Ltd [2010] EWHC 376 (TCC) (26 February 2010)

Source: www.bailii.org

Kate Middleton set for £10,000 privacy victory – The Times

Posted March 1st, 2010 in news by sally

“Kate Middleton, the girlfriend of Prince William, is set to win a controversial claim for alleged invasion of her privacy.”

Full story

The Times, 28th February 2010

Source: www.timesonline.co.uk

Cost and class raise barriers to legal aid lawyer careers – The Guardian

Posted March 1st, 2010 in equality, legal aid, legal education, legal profession, news by sally

“The lack of social mobility in the legal sector has reached critical levels, according to a report published today, with aspiring lawyers from less privileged backgrounds struggling to work in key areas of law.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Government publishes international contract law guidance – OUT-LAW.com

Posted March 1st, 2010 in contracts, international law, Ministry of Justice, news by sally

“The Ministry of Justice has published guidance to European Regulations on which law applies in international disputes. The guidance relates to new rules that came into force in December.”

Full story

OUT-LAW.com, 26th February 2010

Source: www.out-law.com

Lawyers work ‘extreme’ overtime, study reveals – Law Society’s Gazette

Posted March 1st, 2010 in legal profession, news, working time by sally

“Lawyers are among the most likely workers to do ‘extreme’ unpaid overtime, figures have revealed.”

Full story

Law Society’s Gazette, 26th February 2010

Source: www.lawgazette.co.uk

Nine years for woman who had sex with 12-year-old boy – The Independent

Posted March 1st, 2010 in news, sentencing, sexual offences by sally

“A woman who had sex almost 200 times with a 12-year-old boy was today jailed for nine years.”

Full story

The Independent, 26th February 2010

Source: www.independent.co.uk

‘Healer’ faces prosecution over cancer claims – Daily Telegraph

Posted March 1st, 2010 in advertising, cancer, consumer protection, news, trading standards by sally

“A self-proclaimed ‘visionary healer’ who claims to be able to treat illness from a distance is facing prosecution by Trading Standards for suggestions that he can cure cancer.”

Full story

Daily Telegraph, 28th February 2010

Source: www.telegraph.co.uk

Human rights groups call for reform of government’s security committee – The Guardian

Posted March 1st, 2010 in human rights, intelligence services, news, torture by sally

“There was a growing clamour tonight for the reform and even abolition of the government’s intelligence and security committee after senior appeal court judges concluded that the security services they are supposed to scrutinise on behalf of the prime minister were able to get away with ‘a dubious record’ on torture.”

Full story

The Guardian, 26th February 2010

Source: www.guardian.co.uk

Committee urges ministers to abandon control orders – The Guardian

Posted March 1st, 2010 in control orders, news, reports, terrorism by sally

“Ministers were today urged to abandon the use of control orders because they cost too much and have done ‘untold damage to the UK’s international reputation as a nation which prizes the value of fairness’.”

Full story

The Guardian, 26th February 2010

Source: www.guardian.co.uk

Legal action threat hangs over npower – The Times

Posted March 1st, 2010 in news by sally

“Consumer Focus issued a threat of legal action against npower this week as the two sides haggle over compensation after the energy supplier was accused of overcharging two million customers.”

Full story

The Times, 27th February 2010

Source: www.timesonline.co.uk

Ex-landlord jailed over smoking ban at Bolton pubs – BBC News

Posted March 1st, 2010 in fines, licensed premises, news, sentencing, smoking by sally

“A former pub landlord who is thought to be the first person in the UK to be jailed after flouting the smoking ban is ‘devastated’, his wife says.”

Full story

BBC News, 27th February 2010

Source: www.bbc.co.uk

Inmates advised on early release options – The Independent

Posted March 1st, 2010 in early release, electronic monitoring, Ministry of Justice, news, prisons by sally

“Prisoners who will miss out on early release because a Government scheme was brought to an end are being advised to apply for another scheme to avoid “disappointment”, it was revealed today.”

Full story

The Independent, 1st March 2010

Source: www.independent.co.uk

£140,000: the annual cost of jailing a young criminal – The Guardian

Posted March 1st, 2010 in detention, news, rehabilitation, reports, young offenders by sally

“Jailing one young criminal costs the taxpayer as much as £140,000 a year, a report says today. Locking up young offenders makes them more likely to commit further crimes and be unemployed later in life, the New Economics Foundation says.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk