24/01/2012 – Current Awareness

“The Serious Fraud Office (SFO) may formally investigate alleged corruption at firms that self-report the activity but will be mindful not to harm the company’s reputation, the head of the organisation has said.”

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OUT-LAW.com, 24th January 2012

Source: www.out-law.com

Council spent £70,000 fighting judicial review of library closures – The Guardian

Posted January 24th, 2012 in costs, judicial review, libraries, local government, news by sally

“A council that had its library restructuring plans quashed in the high court spent more than £70,000 fighting the judicial review.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk

Landlords could become liable for tenants’ unpaid water bills under Government plans – OUT-LAW.com

Posted January 24th, 2012 in consultations, landlord & tenant, news, water by sally

“Landlords could become liable for their tenants’ unpaid water bills if they fail to supply the details of those tenants to the water company, the Government has said.”

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OUT-LAW.com, 24th January 2012

Source: www.out-law.com

Leveson urged to ensure libel law reform is not delayed – The Guardian

Posted January 24th, 2012 in bills, defamation, inquiries, media, news by sally

“Lord Justice Leveson has been urged to do what he could to ensure reform to libel laws is not delayed because of his inquiry into press ethics.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk

Ex-husband to pay £6 million legal bill in acrimonious divorce – Daily Telegraph

Posted January 24th, 2012 in costs, divorce, news by sally

“A business tycoon is facing up to £6m in lawyers’ bills after an epic million court struggle during which he was ordered to pay a total of £15 million to his ex-wife.”

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Daily Telegraph, 24th January 2012

Source: www.telegraph.co.uk

Man jailed over police chase in stolen ambulance – The Guardian

Posted January 24th, 2012 in drunk in charge, insurance, news, sentencing, theft by sally

“A man who led police on a high-speed chase after stealing an ambulance response car to get home after a New Year’s Eve party has been jailed for nine months.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk

Signed, executed and all that! – New Square Chambers

Posted January 24th, 2012 in appeals, documents, enfranchisement, leases, news by sally

“The decision of the Court of Appeal in Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] 1 WLR 2750 (CA) highlighted the strict requirements of s 36A of the Companies Act 1985 (and hence the similarly-worded ss 43-47 of the Companies Act 2006 now in force) about companies signing and executing documents. The decision concerns a claim for leasehold enfranchisement, but is of wider importance and is a reminder, assuming that any is required, that statutory notices are very much all or nothing.”

Full story (PDF) see p. 4

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

Command Papers – official-documents.gov.uk

Posted January 24th, 2012 in parliamentary papers by sally

Memorandum to the Northern Ireland Affairs Committee, Cm. 8258 (PDF)

Source: www.official-documents.gov.uk

UK seizes its moment to reform European court of human rights – The Guardian

Posted January 24th, 2012 in constitutional reform, courts, human rights, news by sally

“Judging by the media fury stoked up over the case of the Islamic cleric Abu Qatada and the ‘meddling’ judges of Strasbourg, the United Kingdom’s departure from the European court of human rights (ECHR) might appear imminent.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted January 24th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Cleobury, R. v [2012] EWCA Crim 17 (24 January 2012)

Arshad, R. v [2012] EWCA Crim 18 (24 January 2012)

Court of Appeal (Civil Division)

Weddall v Barchester Healthcare Ltd (Company No.02792285) [2012] EWCA Civ 25 (24 January 2012)

West Tankers Inc v Allianz SPA & Anor [2012] EWCA Civ 27 (24 January 2012)

MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 7 (24 January 2012)

High Court (Queen’s Bench Division)

Williams v Central Bank of Nigeria [2012] EWHC 74 (QB) (24 January 2012)

High Court (Administrative Court)

Cubitt -Smith v Secretary of State for Communities and Local Government & Anor [2012] EWHC 68 (Admin) (24 January 2012)

JB v Director of Public Prosecutions [2012] EWHC 72 (Admin) (24 January 2012)

Source: www.bailii.org

Theodora Dallas: inside the jury room – The Guardian

Posted January 24th, 2012 in contempt of court, juries, jury directions, news by sally

“Yesterday’s judgment offers a rare insight into jury deliberations, revealing what Dallas told fellow jurors about her online research.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk

New online tool in transparency drive – Ministry of Justice

Posted January 24th, 2012 in courts, news, trials by sally

“The Ministry of Justice has published a new online tool that lets people see the length of time cases take in courts across England and Wales.”

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Ministry of Justice, 24th January 2012

Source: www.justice.gov.uk

No smoke without fire – New Square Chambers

Posted January 24th, 2012 in fire, housing, insurance, land registration, news by sally

“It is well known that on exchange of contracts for the purchase of land, title to the property vests in the buyer in equity, so that the buyer is immediately at risk if there is damage to the property. This can be a trap. If, for example, the property is damaged by fire between exchange and completion, the buyer is bound to complete without reduction in price: Poole v Adams (1864) 10 LT 287.”

Full story (PDF) see p. 2

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

Wind farm development – A Note on some recent legal issues for decision makers – No.5 Chambers

Posted January 24th, 2012 in consultations, energy, judicial review, news, planning by sally

“Onshore wind, and energy infrastructure generally, is a form of development which gives rise to strongly held views, on all sides. Resolving the competing environmental and policy issues is difficult enough, but this form of development also has a propensity to attract legal challenge.”

Full story (PDF)

No.5 Chambers, 20th January 2012

Source: www.no5.com

Leasehold enfranchisement: busy times – New Square Chambers

Posted January 24th, 2012 in enfranchisement, leases, news by sally

“Despite the parlous state of the residential property market, enfranchisement claims continue to exercise courts and tribunals. This article gives a flavour of what has been generating disputes.”

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New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

All in good faith? Whistleblowing law and practice – Cloisters

Posted January 24th, 2012 in news, whistleblowers by sally

“The Public Interest Disclosure Act 1998 came into life as a Private Members Bill put forward by a Conservative MP with the backing of the then Labour Government and assistance in drafting from Public Concern at Work (PCaW).”

Full story (PDF)

Cloisters, 14th December 2012

Source: www.cloisters.com

Consultation and Legitimate Expectations – 11KBW

Posted January 24th, 2012 in consultations, news by sally

“Whether or not there is in law an obligation to consult, where consultation is embarked upon it must be carried out fairly. What is ‘fair’ will obviously depend on the circumstances of the case and the nature of the proposals under consideration: see R (Edwards) v Environment Agency [2006] EWCA Civ 877 per Auld LJ at [90].”

Full story (PDF)

11KBW, 19th January 2012

Source: www.11kbw.com