Deferred prosecution agreement legislation to be introduced, Solicitor General says – OUT-LAW.com

“The Government will introduce new laws that enable businesses and prosecutors to negotiate the punishments those firms should face for unlawful activity before the end of this Parliament, a top legal advisor has said.”

Full story

OUT-LAW.com, 22nd March 2012

Source: www.out-law.com

Flood v Times Newspapers, Supreme Court allows “Reynolds” appeal – UK Human Rights Blog

Posted March 22nd, 2012 in defamation, news, privilege, public interest, Supreme Court by sally

“In a unanimous decision ([2012] UKSC 11) the Supreme Court allowed the appeal of Times Newspapers Limited against a decision of the Court of Appeal ([2010] EWCA Civ 804) which had held that it could not rely on Reynolds qualified privilege. The Supreme Court restored the decision of Mr Justice Tugendhat ([2009] EWHC 2375 (QB)) who had ruled, on the hearing of a preliminary issue, that the Times was entitled to rely on the defence of Reynolds qualified privilege in relation to the printed publication of the article about the claimant.”

Full story

UK Human Rights Blog, 22nd March 2012

Source: www.ukhumanrightsblog.com

Antoni Imiela : M25 rapist guilty of 1987 London rape – BBC News

Posted March 22nd, 2012 in news, rape, recidivists, sentencing by sally

“A convicted sex attacker has been found guilty of raping a woman in 1987 in south-east London.”

Full story

BBC News, 22nd March 2012

Source: www.bbc.co.uk

Library Closures and the Public Sector Equality Duty: Libraries – 11 KBW

Posted March 22nd, 2012 in equality, libraries, local government, news by sally

“I [Elisabeth Laing QC] consider 6 topics in this paper
(1) the legislative framework
(2) the implied duty to assess need
(3) community groups
(4) Equality Impact Assessments (‘EIAs’) and libraries
(5) institutional arrangements
(6) the Localism Act 2011.”

Full story (PDF)

11 KBW, 22nd March 2012

Source: www.11kbw.com

Environmental and planning law newsletter – Thirty Nine Essex Street

Environmental and planning law newsletter (PDF)

Thirty Nine Essex Street, March 2012

Source: www.39essex.com

Going Over The Top – One Inner Temple Lane

Posted March 22nd, 2012 in news, sport by sally

“Vincent Kompany, Didier Drogba, Nenad Milijas are members of the growing club of players being sent off for serious foul play in the Premier League. Pundits and commentators seem to like nothing more at the moment than to pore over these decisions, happy to quote anyone that will talk about it with their view or opinion.”

Full story (PDF)

One Inner Temple Lane, 21st March 2012

Source: www.1itl.com

The Public Sector Equality Duty – 11 KBW

Posted March 22nd, 2012 in equality, news by sally

“Since the Coalition Government came into power, ‘doing more with less’ has become a typical catchphrase. Cutting public services, charging for services, or finding a more economically attractive way of delivering public services has been a requirement for most, if not all, public authorities.”

Full story (PDF)

11 KBW, 22nd March 2012

Source: www.11kbw.com

BAILII: Recent Decisions

Posted March 22nd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Dudley Metropolitan Borough Council v Shurvinton & Ors [2012] EWCA Civ 346 (21 March 2012)

Phethean-Hubble v Coles [2012] EWCA Civ 349 (21 March 2012)

Sheridan & Ors v Basildon Borough Council [2012] EWCA Civ 335 (21 March 2012)

High Court (Chancery Division)

Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD & Ors [2012] EWHC 616 (Ch) (21 March 2012)

Thomas & Anor (Joint Liquidators of GBI Investments Ltd) v Jakes & Anor [2012] EWHC 525 (Ch) (09 March 2012)

Source: www.bailii.org

Flood v Times Newspapers Ltd – WLR Daily

Posted March 22nd, 2012 in defamation, law reports, privilege, public interest, Supreme Court by sally

Flood v Times Newspapers Ltd [2012] UKSC 11; [2012] WLR (D) 93

“A publisher was protected from liability for defamation when it published an article containing allegations of corruption against a named police officer, even though the allegations were subsequently held to be unfounded, if it could be shown that the issues raised in the article were matters of public interest and that at the time of publication it appeared to the publishers that there was a strong circumstantial case for believing the allegations to be true.”

WLR Daily, 21st March 2012

Source: www.iclr.co.uk

Mohamed (Azza) v Secretary of State for the Home Department – WLR Daily

Posted March 22nd, 2012 in appeals, elderly, immigration, law reports by sally

Mohamed (Azza) v Secretary of State for the Home Department [2012] EWCA Civ 331; [2012] WLR (D) 92

“The use of the superlative form in the phrase “the most exceptional compassionate circumstances” in paragraph 317(i)(e) of the Statement of Changes in Immigration Rules (1994) stressed how extreme such circumstances had to be in order for an applicant to be granted indefinite leave to enter or remain in the United Kingdom as the parent or grandparent aged under 65 of a person settled in the United Kingdom. The requirement was not met even where the financial dependency which qualified such a relative for entry was the factor which prevented his or her circumstances from being such exceptional circumstances.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Kennedy v Charity Commission (Information Commissioner and another intervening) – WLR Daily

Kennedy v Charity Commission (Information Commissioner and another intervening) [2012] EWCA Civ 317; [2012] WLR (D) 91

“The right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged in a case in which the Charity Commission had refused to comply with a journalist’s request that he be supplied with certain information, by applying an absolute exemption which was said to derive from section 32(2) of the Freedom of Information Act 2000.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Fortune and others v Wiltshire Council and another – WLR Daily

Posted March 22nd, 2012 in appeals, law reports, local government, rights of way, roads by sally

Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90

“Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that list to be fully complaint with section 36(6), rather the requirement was that such a list should exist.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Regina v Scottish and Southern Energy plc – WLR Daily

Posted March 22nd, 2012 in appeals, consumer protection, law reports by sally

Regina v Scottish and Southern Energy plc [2012] EWCA Crim 539; [2012] WLR (D) 89

“It was possible to prosecute more than one person or entity for the same alleged offence of engaging in a misleading commercial practice contrary to regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 22nd, 2012 in legislation by sally

The Sea Fishing (Licences and Notices) (England) Regulations 2012

The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2012

The Welfare Reform Act 2012 (Commencement No. 1) Order 2012

The Capital Gains Tax (Annual Exempt Amount) Order 2012

The Registered Pension Schemes and Overseas Pension Schemes (Miscellaneous Amendments) Regulations 2012

The Child Trust Funds, Registered Pension Schemes and Stamp Duty Reserve Tax (Consequential Amendments) Regulations 2012

The Value Added Tax (Increase of Registration Limits) Order 2012

The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2012

The Landfill Tax (Amendment) Regulations 2012

Source: www.legislation.gov.uk

Independence Under Threat – Speech by Dame Heather Hallett DBE

Posted March 22nd, 2012 in judiciary, speeches by sally

Independence Under Threat (PDF)

Speech by Dame Heather Hallett DBE

Bentham Association Presidential Address, 21st March 2012

Source: www.judiciary.gov.uk

Sports law: rules of the game – Law Society’s Gazette

Posted March 22nd, 2012 in advertising, competition, drug abuse, media, news, sport by sally

“The complex web of commercial and regulatory issues that surrounds sport is occupying an ever-increasing amount of lawyers’ time. That was evident at the Law Society’s Sports Law Conference, held at Chancery Lane last week. It may be true that, as Charles Russell partner Simon Johnson told the conference, ‘a sports right as such does not exist’. But that has not stopped the rights and laws that affect sport from developing into a unique combination of problems whose resolution requires a growing cast of legal minds.”

Full story

Law Society’s Gazette, 22nd March 2012

Source: www.lawgazette.co.uk

Bar Council Calls for Action in Wake of MP Report on MoJ Finances – The Bar Council

Posted March 22nd, 2012 in Ministry of Justice, news, reports by sally

“The Bar Council, which represents barristers in England and Wales, has welcomed the findings of a report by the House of Commons Public Accounts Committee (PAC) into the financial management of the Ministry of Justice, which raises serious concerns about a number of areas of saving and expenditure.”

Full story

The Bar Council, 20th March 2012

Source: www.barcouncil.org.uk

Killer Kevin Nunn in High Court forensic evidence challenge – BBC News

Posted March 22nd, 2012 in appeals, DNA, evidence, forensic science, news by sally

“A convicted killer has started a new High Court challenge to access forensic evidence that his lawyers claim could clear his name.”

Full story

BBC News, 21st March 2012

Source: www.bbc.co.uk

Justice reforms move to next stage – Ministry of Justice

Posted March 22nd, 2012 in bills, legal aid, news, parliament, sentencing by sally

“Plans for radical reforms to the justice system have moved another step forward in the Houses of Parliament.”

Full story

Ministry of Justice, 21st March 2012

Source: www.justice.gov.uk

Family Law Week’s Budget Briefing 2012 – Family Law Week

Posted March 22nd, 2012 in budgets, capital gains tax, corporation tax, news, tax avoidance, taxation by sally

“Steve Crompton & David Kitson, Tax Directors at RSM Tenon, review the Chancellor’s 2012 Budget announcements.”

Full story

Family Law Week, 21st March 2012

Source: www.familylawweek.com