Six convicted of insider dealing by FSA – BBC News
“Six people have been convicted of insider dealing in a case brought by the Financial Services Authority.”
BBC News, 23rd July 2012
Source: www.bbc.co.uk
Month: July 2012
Laws on gambling outdated, say MPs – BBC News
“Gambling laws are ‘outdated’ and ‘ill-equipped’ to deal with social and technological changes, MPs have said.”
BBC News, 24th July 2012
Source: www.bbc.co.uk
No IPCC investigation to take place into Dorset landslide deaths – The Independent
” The police watchdog will not investigate the case of an elderly couple who lay dead in their car for up to 10 days following a landslide.”
The Independent, 23rd July 2012
Source: www.independent.co.uk
Prosecutors to announce decision in phone hacking cases – Daily Telegraph
“Former News of the World editor Andy Coulson and private investigator Glenn Mulcaire are among those expected to find out today if they are to be charged in connection with the phone hacking scandal.”
Daily Telegraph, 24th July 2012
Source: www.telegraph.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
The Trademark Licensing Co Ltd & Anor v Leofelis SA [2012] EWCA Civ 985 (23 July 2012)
Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980 (20 July 2012)
O’Cathail v Transport for London [2012] EWCA Civ 1004 (20 July 2012)
Michael & Ors v South Wales Police & Anor [2012] EWCA Civ 981 (20 July 2012)
Konodyba v Royal Borough of Kensington and Chelsea [2012] EWCA Civ 982 (20 July 2012)
Backhouse v HM Revenue & Customs Prosecution Office [2012] EWCA Civ 1000 (20 July 2012)
High Court (Administrative Court)
AA, R (on the application of) v The Upper Tribunal & Anor [2012] EWHC 1784 (Admin) (19 July 2012)
High Court (Chancery Division)
Revenue and Customs & Anor v Ben Nevis (Holdings) Ltd & Ors [2012] EWHC 1807 (Ch) (20 July 2012)
High Court (Commercial Court)
MRI Trading AG v Erdenet Mining Corporation LLC [2012] EWHC 1988 (Comm) (20 July 2012)
SNCB Holding v UBS AG [2012] EWHC 2044 (Comm) (20 July 2012)
High Court (Queen’s Bench Division)
Desmond v Foreman & Ors [2012] EWHC 1900 (QB) (23 July 2012)
KMT & Ors (Chidren) v Kent County Council [2012] EWHC 2088 (QB) (23 July 2012)
Mengi v Hermitage [2012] EWHC 2045 (QB) (20 July 2012)
High Court (Technology and Construction Court)
DPM Property Services Ltd & Ors v Kiani & Ors [2012] EWHC 2056 (TCC) (23 July 2012)
Source: www.bailii.org
Rochdale grooming trial: investigation to focus on victims, not ethnicity, says DPP – Daily Telegraph
“Kier Starmer, the Director of Public Prosecutions, has said that a review into child sexual exploitation would focus on the failure to listen to victims rather than the ethnicity of the perpetrators.”
Daily Telegraph, 23rd July 2012
Source: www.telegraph.co.uk
Report into cases of Violence Against Women and Girls – Crown Prosecution Service
“The CPS has tried to find ways of assessing the impact it has on improving the safety of the victims in cases of violence against women and girls.”
Crown Prosecution Service, 23rd July 2012
Source: www.cps.gov.uk
Yolande Waddington: David Burgess sentenced for 1966 murder – BBC News
“A convicted child killer has been sentenced to a minimum of 27 years in jail for the murder of a girl in Berkshire 46 years ago.”
BBC News, 23rd July 2012
Source: www.bbc.co.uk
Pie Optiek SPRL v Bureau Gevers SA and others – WLR Daily
Pie Optiek SPRL v Bureau Gevers SA and others: Case C-376/11; [2012] WLR (D) 219
“The third sub-paragraph of article 12(2) of Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration meant that, in a situation where the prior right concerned was a trade mark right, the words ‘licensees of prior rights’ did not refer to a person who had been authorised by the proprietor of the trade mark concerned solely to register, in his own name but on behalf of that proprietor, a domain name identical or similar to that trade mark, but without that person being authorised to use the trade mark commercially in a manner consistent with its functions.”
WLR Daily, 19th July 2012
Source: www.iclr.co.uk
Mahamdia v People’s Democratic Republic of Algeria – WLR Daily
Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11); [2012] WLR (D) 218
“An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the employee did not fall within the exercise of public powers. Article 21(2) of the Regulation meant that an agreement on jurisdiction, concluded before a dispute arose, fell within that provision in so far as it gave the employee the possibility of bringing proceedings not only before the courts ordinarily having jurisdiction under the special rules in articles 18 and 19 of the Regulation, but also before other courts, which could include courts outside the European Union.”
WLR Daily, 19th July 2012
Source: www.iclr.co.uk
ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV – WLR Daily
“The concept of ‘optional price supplements’, referred to in the last sentence of article 23(1) of Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, covered costs connected with the air travel, arising from services, such as flight cancellation insurance, supplied by a party other than the air carrier and charged to the customer by the person selling that travel, together with the air fare, as part of a total price.”
WLR Daily, 19th July 2012
Source: www.iclr.co.uk
Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another – WLR Daily
“References to ‘proceedings’ in section 29 of the Access to Justice Act 1999 should be interpreted so as to reflect the legislative purpose, namely to improve access to the courts for members of the public with meritorious claims. Where a claimant took out ATE insurance after having succeeded at trial he would be entitled if successful in the appeal to recover in costs that part of the ATE premium relating to the costs of the appeal, but it would be unfair to allow him to recover in costs that part of the premium which related to the costs of the trial.”
WLR Daily, 19th July 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2012
The Finance Act 2012 (Venture Capital Trusts) (Appointed Day) Order 2012
The Remote Gambling (Double Taxation Relief) Regulations 2012
The Value Added Tax (Amendment) (No. 2) Regulations 2012
The Business Investment Relief Regulations 2012
The Gaming Duty (Amendment) Regulations 2012
The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2012
The Waste (England and Wales) (Amendment) Regulations 2012
The Sexual Offences Act 2003 (Remedial) Order 2012
The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012
The Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012
Source: www.legislation.gov.uk
Levi Bellfield newspaper articles were in contempt of court – UK Human Rights Blog
“HM Attorney General v Associated Newspapers Ltd & Anor [2012] EWHC 2029 (Admin) (18 July 2012). The Divisional Court ruled that reports of Levi Bellfield in the Daily Mail and Daily Mirror, published while a jury was considering his charge of attempted kidnapping, were in contempt of court.”
UK Human Rights Blog, 20th July 2012
Source: www.ukhumanrightsblog.com
Religious no-go area for the courts with their “costly crudities” – UK Human Rights Blog
“Khaira v. Shergill [2012] EWCA Civ 893 – We have become used to the courts getting involved, more or less willingly, in religious issues, not least where religious freedoms conflict with legal rules which are said to be inconsistent with the exercise of those freedoms. But as Adam Wagner pointed out, in an earlier round of this litigation concerning two Sikh places of worship (Gurdwaras), the courts have developed rules stopping themselves from deciding certain cases, not least because the courts recognise they don’t know what they are doing once they get themselves immersed in issues of religious doctrine.”
UK Human Rights Blog, 22nd July 2012
Source: www.ukhumanrightsblog.com
Employer liable for “gay and proud” Facebook status hijack of ex-employee by colleagues – OUT-LAW.com
“A company can be liable for unwanted comments made on the Facebook account of an employee by colleagues, providing that the actions ‘fall within the course of employment’, an employment tribunal has found.”
OUT-LAW.com, 20th July 2012
Source: www.out-law.com
Company entitled to use rent free period in the first five years for valuation purposes, tribunal finds – OUT-LAW.com
“A Valuation Tribunal has rejected an approach by assessors that would have increased the business rates paid by a City firm by 20% over the first five years of a lease.”
OUT-LAW.com, 20th July 2012
Source: www.out-law.com
Expertly done? A look at the use of experts in family proceedings and changes proposed by Mr Justice Ryder prior to the announcement of his final proposals – Family Law Week
“Leanne Buckley –Thomson, pupil barrister at 1 Crown Office Row Brighton, considers the current problems in relation to the use of expert evidence particularly in care proceedings and the proposals for change thus far highlighted by Mr Justice Ryder in response. She comments briefly on these suggestions, whilst acknowledging that the proposals have not yet been released in full, and refers to the work done locally in anticipation of what is to come.”
Family Law Week, 20th July 2012
Source: www.familylawweek.co.uk
Trial suspended as bogus interpreter stands in for wife – Daily Telegraph
“A court descended into farce when a man translating vital evidence revealed he was only there because his wife – the real interpreter – was too busy.”
Daily Telegraph, 20th July 2012
Source: www.telegraph.co.uk
Probation officer ‘had affair with convicted murderer’ – Daily Telegraph
“Female probation officer has affair with convicted murderer after his release from prison and tips him off that he was going to be recalled for a further offence, a court hears.”
Daily Telegraph, 20th July 2012
Source: www.telegraph.co.uk
