16/11/2012 – Current Awareness

Test Claimants in the FII Group Litigation v Inland Revenue Commissioners (No 3) – WLR Daily

Posted November 16th, 2012 in law reports by tracey

Test Claimants in the FII Group Litigation v Inland Revenue Commissioners (No 3): (Case C-35/11); [2012] WLR (D) 323

“Articles 49 and 63FEU precluded legislation of a member state which applied the exemption method to nationally-sourced dividends and the imputation method to foreign-sourced dividends if it was established, first, that the tax credit to which the company receiving the dividends was entitled under the imputation method was equivalent to the amount of tax actually paid on the profits underlying the distributed dividends and, second, that the effective level of taxation of company profits in the member state concerned was generally lower than the prescribed nominal rate of tax.”

WLR Daily, 13th November 2012

Source: www.iclr.co.uk

Regina v Waya – WLR Daily

Posted November 16th, 2012 in confiscation, fraud, human rights, law reports, mortgages, proceeds of crime by tracey

Regina v Waya: [2012] UKSC 51; [2012] WLR (D) 324

“The statutory object of Part 2 of the Proceeds of Crime Act 2002 was to remove from a defendant the proceeds of his crime and a confiscation order made thereunder was not intended to be an additional financial penalty similar to a fine. A confiscation order which was disproportionate to the benefit obtained by the defendant from his crime would be a violation of article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms. However section 6(5) of the 2002 Act could, pursuant to section 3 of the Human Rights Act 1998, be read and given effect in a manner which was compatible with the rights under article 1.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

‘Nun’ sentenced over envelopes containing white powder that were sent to Nick Clegg – The Independent

Posted November 16th, 2012 in community service, hazardous substances, news, sentencing, threatening behaviour by tracey

“A pensioner claiming to be a Catholic nun who sent envelopes containing white powder to parliamentary figures including Deputy Prime Minister Nick Clegg was given a community order today.”

Full story

The Independent, 16th November 2012

Source: www.independent.co.uk

Shafilea Ahmed’s sister avoids jail after judge describes “extraordinary and terrifying story” as a “case for mercy” – The Independent

Posted November 16th, 2012 in guilty pleas, news, robbery, sentencing by tracey

“The sister of honour killing victim Shafilea Ahmed was spared jail today when she was given a 12-month suspended sentence for organising a robbery at her parents’ house.”

Full story

The Independent, 16th November 2012

Soure: www.independent.co.uk

Facebook gay wedding comment man wins demotion case – BBC News

Posted November 16th, 2012 in contract of employment, disciplinary procedures, homosexuality, news by tracey

“A Christian who was demoted in his job for a comment he wrote on Facebook about gay marriages has won a breach of contract action against his employers.”

Full story

BBC News, 16th November 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 16th, 2012 in law reports by tracey

Supreme Court

Waya, R. v [2012] UKSC 51 (14 November 2012)

Gujra, R (on the application of) v Crown Prosecution Service [2012] UKSC 52 (14 November 2012)

Court of Appeal (Civil Division)

Bailey & Anor v Graham (aka “Levi Roots”) & Ors [2012] EWCA Civ 1469 (16 November 2012)

Marlow Inns Ltd v HM Revenue & Customs [2012] EWCA Civ 1498 (16 November 2012)

Richards v London Borough of Bromley [2012] EWCA Civ 1476 (16 November 2012)

Hertfordshire County Council v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 1473 (15 November 2012)

Dolby v Sheffield City Council [2012] EWCA Civ 1474 (15 November 2012)

Wright Hassall LLP v Morris [2012] EWCA Civ 1472 (15 November 2012)

Irfan, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1471 (14 November 2012)

Rahman v GMAC Commercial Finance Ltd [2012] EWCA Civ 1467 (14 November 2012)

Bieber & Ors v Teathers Ltd [2012] EWCA Civ 1466 (14 November 2012)

JE (Uganda) v Secretary of State for the Home Department [2012] EWCA Civ 1437 (14 November 2012)

B (A Child) [2012] EWCA Civ 1475 (14 November 2012)

High Court (Administrative Court)

Moore v Secretary of State for Communities and Local Government & Anor [2012] EWHC 3192 (Admin) (16 November 2012)

Brown, R (on the application of) v Canal River Trust [2012] EWHC 3133 (Admin) (16 November 2012)

AB, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3215 (Admin) (15 November 2012)

Serrano, R (on the application of) v Secretary of State for Justice & Anor [2012] EWHC 3216 (Admin) (15 November 2012)

Rawlinson and Hunter Trustees SA & Ors, R (on the application of) v Central Criminal Court & Anor [2012] EWHC 3218 (Admin) (15 November 2012)

AC v Polish Judicial Authority [2012] EWHC 3201 (Admin) (14 November 2012)

High Court (Chancery Division)

Claimant v First Defendant & Ors [2012] EWHC 3214 (Ch) (15 November 2012)

Wah (Aka Alan Tang) & Anor v Grant Thornton International Ltd & Ors [2012] EWHC 3198 (Ch) (14 November 2012)

High Court (Commercial Court)

Certain Limited Partners in Henderson PFI Secondary Fund II LLP v Henderson PFI Secondary Fund II LP & Ors [2012] EWHC 3259 (Comm) (16 November 2012)

High Court (Patents Court)

Mölnlycke Health Care AB & Anor v BSN Medical Ltd & Anor [2012] EWHC 3157 (Pat) (09 November 2012)

High Court (Queen’s Bench Division)

Maguire v North West Strategic Health Authority [2012] EWHC 3272 (QB) (16 November 2012)

Source: www.bailii.org

Bundled Feeds: Medical Law

Posted November 16th, 2012 in news by sally

All of the posts on the Current Awareness blog are indexed using a controlled vocabulary.

This means that users are able to filter what they receive by subscribing to individual category feeds. A full list of category feeds can be found here.

Since category feeds are designed to be quite specific we have decided to introduce bundled groups of feeds under broader subject areas.

We are treating this as an ongoing project and will be adding more groups of bundled feeds in the future.

More information can be found on the Bundled Feeds page.

Medical Law

Medical Law RSS.

Medical Law Email.

Swan Housing Association Ltd v Gill – WLR Daily

Posted November 16th, 2012 in adjournment, adverse possession, injunctions, land registration, landlord & tenant, law reports by tracey

Swan Housing Association Ltd v Gill: [2012] EWHC 3129 (QB); [2012] WLR (D) 325

“A tenant facing anti-social behaviour injunction proceedings was not prevented from applying to register his possessory title with the land registry by virtue of paragraph 1(3) of Schedule 6 to the Land Registration Act 2002.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

Charles Terence Estates Ltd v Cornwall Council – WLR Daily

Posted November 16th, 2012 in fiduciary duty, homelessness, housing, law reports, local government by tracey

Charles Terence Estates Ltd v Cornwall Council: [2012] EWCA Civ 1439; [2012] WLR (D) 326

“It was not appropriate to circumscribe a local authority’s power to acquire houses in order to provide accommodation for unintentionally homeless in priority need by limiting the power to acquire at a reasonable price.”

WLR daily, 13th November 2012

Source: www.iclr.co.uk

Hollister Inc and another v Medix Ostomy Supplies Ltd – WLR Daily

Posted November 16th, 2012 in costs, law reports, patents, proportionality by tracey

Hollister Inc and another v Medix Ostomy Supplies Ltd: [2012] EWCA Civ 1419; [2012] WLR (D) 327

“When taking an account of costs on a normal basis under English law following infringement of a trade mark, the court was not required or permitted to assess damage caused to the claimant by the infringement nor to embark on a general inquiry into proportionality of the remedy nor to weigh factors which would point to a higher or a lower award. When the court calculated net profits it was not permissible for a defendant to allocate a proportion of its general overheads to an infringing activity.”

WLR Daily, 9th November 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 16th, 2012 in legislation by tracey

The Customs (Inspections by Her Majesty’s Inspectors of Constabulary and the Scottish Inspectors) Regulations 2012

The Feed-in Tariffs Order 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted November 16th, 2012 in parliamentary papers by tracey

Protocol between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation amending the Convention for the Avoidance of Double Taxation with respect to Taxes on Income, signed at London on 8 December 1977, as amended by the Protocols signed at London on 5 March 1981, at Bern on 17 December 1993 and at London on 26 June 2007, with Additional Protocol: London, 7 September 2009, Cm 8484 (PDF)

Exchange of notes extending the agreement between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the Republic of Honduras for the promotion and protection of investments done at Tegucigalpa on 7 December 1993 to the Isle of Man and the Baliwicks of Guernsey and Jersey: Tegucigalpa, 13 September 2001 and 11 December 2001, Cm 8485 (PDF)

Measuring child poverty: a consultation on better measures of child poverty,Cm 8483 (PDF)

Memorandum to the Business, Innovation and Skills Select Committee: post-legislative assessment of the Further Education and Training Act 2007, Cm 8479 (PDF)

Source: www.legislation.gov.uk

Abu Qatada: in the public interest – UK Human Rights Blog

Posted November 16th, 2012 in appeals, deportation, human rights, news, public interest, terrorism, torture by tracey

“You may have heard that the Special Immigration Appeals Commission (SIAC) decided on Tuesday that Abu Qatada, an alleged terrorist who has been detained for the best part of the last seven years awaiting deportation to his native Jordan, cannot be deported. There would be a real risk, ruled SIAC, that he would face a flagrant denial of justice in his ensuing trial.”

Full story

UK Human Rights Blog, 16th November 2012

Source: www.ukhumanrightsblog.com

Nature not reach of Twitter messages should determine whether prosecutions should be pursued, says expert – OUT-LAW.com

Posted November 16th, 2012 in internet, malicious communications, news, prosecutions by tracey

“The nature of messages posted on social media platforms and not how many people read those comments should determine whether public prosecutors pursue legal action against those that breach UK communications laws, an expert has said.”

Full story

OUT-LAW.com, 15th November 2012

Source: www.out-law.com

OFT to investigate fairness of personalised pricing – OUT-LAW.com

Posted November 16th, 2012 in consumer protection, internet, news by tracey

“The Office of Fair Trading (OFT) will investigate the use of ‘personalised pricing’ in a bid to discover if the practice treats consumers fairly.”

Full story

OUT-LAW.com, 15th November 2012

Source: www.out-law.com

Teenager who killed best friend in car crash jailed – Daily Telegraph

Posted November 16th, 2012 in careless driving, homicide, news, sentencing, young offenders by tracey

“A teenager who killed her best friend after crashing her car into a tree while ‘showing off’ has been jailed for six months, as their grieving families have to be separated by police in court.”

Full story

Daily Telegraph, 15th November 2012

Source: www.telegraph.co.uk

Test case could dictate admissions policy in faith schools – Daily Telegraph

Posted November 16th, 2012 in judicial review, local government, news, religious discrimination, school admissions by tracey

“New faith schools could be forced to admit pupils from non-religious backgrounds if a judicial review currently being heard in the High Court is successful.”

Full story

Daily Telegraph, 15th November 2012

Source: www.telegraph.co.uk

Ofcom to investigate potential racial stereotyping in Big Fat Gypsy Weddings – The Guardian

Posted November 16th, 2012 in complaints, media, news, racism, travellers by tracey

“Ofcom has launched an investigation into whether Channel 4’s Big Fat Gypsy Weddings unfairly racially stereotyped the UK’s Gypsy and Traveller communities.”

Full story

The Guardian, 15th November 2012

Source: www.guardian.co.uk