ISPs and defamation law: hold fire, Robert Jay – The Guardian

Posted January 25th, 2013 in defamation, internet, news, publishing by tracey

“Defining internet service providers as publishers within defamation law would be totally unworkable.”

Full story

The Guardian, 25th January 2013

Source: www.guardian.co.uk

Robert Coulson jailed for smuggling cannabis – BBC News

Posted January 25th, 2013 in confiscation, drug trafficking, news, recidivists, sentencing by tracey

” 71-year-old man who admitted trying to smuggle more than £168,000 worth of
cannabis through a ferry port has been jailed for three years and nine months.”

Full story

BBC News, 25th January 2013

Source: www.bbc.co.uk

Guns and drugs smuggling soldiers jailed – BBC News

Posted January 25th, 2013 in armed forces, drug trafficking, firearms, news, sentencing by tracey

“Four British soldiers who tried to smuggle guns and drugs into the UK have been jailed.”

Full story

BBC News, 25th January 2013

Source: www.bbc.co.uk

Jill Dando: Barry George ‘not innocent enough to receive compensation’ – Daily Telegraph

Posted January 25th, 2013 in compensation, miscarriage of justice, news by tracey

“Barry George, who spent eight years in prison after being wrongly convicted of
the murder of TV presenter Jill Dando, has lost his High Court bid for
compensation as a victim of a ‘miscarriage of justice’.”

Full story

Daily Telegraph, 25th January 2013

Source: www.telegraph.co.uk

Father jailed for biting off love rival’s finger at Nativity play – Daily Telegraph

Posted January 25th, 2013 in news, public order, sentencing, wounding by tracey

“A father-of-three who bit part of the finger off a love rival in a brawl at a children’s school Nativity play has been jailed for 11 months.”

Full story

Daily Telegraph, 25th January 2013

Source: www.telegraph.co.uk

Gay marriages: Government publishes legislation – BBC News

Posted January 25th, 2013 in Christianity, civil partnerships, homosexuality, marriage, news by tracey

“Legislation to enable same-sex marriages to take place in England and Wales has been published.”

Full story

BBC News, 25th January 2013

Source: www.bbc.co.uk

Judge denies Barclays staff anonymity in Libor case – The Guardian

Posted January 25th, 2013 in anonymity, banking, interest, news, public interest by tracey

“Barclays has been forced to reveal the identities of more than 100 employees who had been attempting to keep their names out of the public domain ahead of a case involving the alleged manipulation of the Libor rate.”

Full story

The Guardian, 24th January 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted January 25th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

TW Logistics, R (on the application of) v Tendring District Council [2013] EWCA Civ 9 (24 January 2013)

Nulty & Ors v Milton Keynes Borough Council [2013] EWCA Civ 15 (24 January 2013)

Sims v Dacorum Borough Council [2013] EWCA Civ 12 (24 January 2013)

Hamilton v Hamilton [2013] EWCA Civ 13 (24 January 2013)

High Court (Chancery Division)

Muck Truck UK Ltd & Ors v Helps (t/a Paul Helps Muck Truck Sales) & Anor [2013] EWHC 74 (Ch) (24 January 2013)

Snelling & Anor v Burstow Parish Council [2013] EWHC 46 (Ch) (24 January 2013)

High Court (Commercial Court)

Phoenix Life Assurance Ltd v The Financial Services Authority (FSA) [2013] EWHC 60 (Comm) (24 January 2013)

Graiseley Properties Ltd & Ors v Barclays Bank Plc & Ors (Rev 1) [2013] EWHC 67 (Comm) (24 January 2013)

High Court (Family Division)

Young v Young [2013] EWHC 34 (Fam) (16
January 2013)

High Court (Patents Court)

IPCom GmbH & Co Kg v HTC
Europe Co Ltd & Ors [2013] EWHC 52 (Pat) (24 January 2013)

Source: www.bailii.org.uk

Eckerle and others v Wickeder Westfalenstahl GmbH and another – WLR Daily

Posted January 25th, 2013 in company law, law reports, locus standi, shareholders by tracey

Eckerle and others v Wickeder Westfalenstahl GmbH and another: [2013] EWHC 68 (Ch); [2013] WLR (D) 24

“The holders of dematerialised shares in a public company were not entitled to the same protection under section 98 of the Companies Act 2006 as registered minority shareholders.”

WLR Daily, 23rd January 2013

Source: www.iclr.co.uk

Kenya Aid Programme v Sheffield City Council – WLR Daily

Posted January 25th, 2013 in law reports by tracey

Kenya Aid Programme v Sheffield City Council: [2013] EWHC 54 (Admin);   [2013] WLR (D)  23

“In determining whether a charity was entitled to mandatory charitable relief from non-domestic rates because the premises were ‘wholly or mainly used for charitable purposes’, the question was whether the use which the charity made of the premises was directly to facilitate the carrying out of its main charitable purposes.”

WLR Daily, 22nd January 2013

Source: www.iclr.co.uk

Regina v Evans (Fabian) – WLR Daily

Posted January 25th, 2013 in law reports by tracey

Regina v Evans (Fabian): [2013] WLR (D)  22

“Migrants of Jamaican origin who had returned to Jamaica after having been resident in the USA, Canada or the United Kingdom, or persons who had been removed or deported back to Jamaica from those countries, did not constitute a ‘particular social group’ for the purposes of article 1A(2) of the Convention and Protocol relating to the Status of Refugees.”

WLR Daily, 23rd January 2013

Source: www.iclr.co.uk

Regina (Prudential plc and another) v Special Comr of Income Tax and another (Institute of Chartered Accountants and others intervening) – WLR Daily

Posted January 25th, 2013 in accountants, financial advice, law reports, legal profession, privilege, taxation by tracey

Regina (Prudential plc and another) v Special Comr of Income Tax and another (Institute of Chartered Accountants and others intervening): [2013] UKSC 1;   [2013] WLR (D)  20

“Legal advice privilege would not be extended to communications in connection with advice given by professional people other than members of the legal profession, even where that advice was legal advice which the professional person was qualified to give.”

WLR Daily, 23rd January 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 25th, 2013 in legislation by tracey

The Financial Services Act 2012 (Commencement No. 1) Order 2013

The London Thames Gateway Development Corporation (Dissolution) Order 2013

The Non-Domestic Rating (Renewable Energy Projects) Regulations 2013

The Non-Domestic Rating (Designated Areas) Regulations 2013

The Non-Domestic Rating (Transitional Protection Payments) Regulations 2013

The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling and Compensation Cap) Order 2013

The Legislative Reform (Constitution of Veterinary Surgeons Preliminary Investigation and Disciplinary Committees) Order 2013

The Political Parties and Elections Act 2009 (Commencement No.6) Order 2013

The Passenger Car (Fuel Consumption and CO2 Emissions Information) (Amendment) Regulations 2013

The Public Bodies (Abolition of the Railway Heritage Committee) Order 2013

The Offers to Settle in Civil Proceedings Order 2013

The Driving Licences (Exchangeable Licences) (Amendment) Order 2013

Source: www.legislation.gov.uk

Law Society warns solicitors to protect themselves against “biased” barristers’ terms – Legal Futures

Posted January 25th, 2013 in barristers, contracts, news, solicitors, unfair contract terms by tracey

“The Law Society has urged solicitors to protect themselves against the new terms of business being introduced by the Bar next week because they are ‘weighted strongly’ in favour of barristers.”

Full story

Legal Futures, 25th January 2013

Source: www.legalfutures.co.uk

Strict new code to prevent powers of entry being abused – Home Office

Posted January 25th, 2013 in codes of practice, powers of entry, press releases by tracey

“Strict new guidelines are to be established to prevent public bodies abusing powers to enter homes and businesses.”

Full press release

Home Office, 22nd January 2013

Source: www.homeoffice.gov.uk

Equality and Diversity podcast launched – Bar Standards Board

Posted January 25th, 2013 in barristers, diversity, equality, press releases, professional conduct by tracey

“A new Equality and Diversity training podcast has been launched to help practitioners comply with their obligations under the new Bar Standards Board Code of Conduct rules on Equality and Diversity.”

Full press release

Bar Standards Board, 23rd January 2013

Source: www.barstandardsboard.org.uk

A balanced approach to the challenges of economic crime – Attorney General’s Office

“Attorney General, Dominic Grieve QC MP outlined steps taken to prosecute economic crime at the Cityforum round table. Originally given at City of London Guildhall. This is the text of the speech as drafted, which may differ slightly from the delivered version.”

Full speech

Attorney General’s Office, 21st January 2013

Source: www.gov.uk/ago

Monkey on my back – NearlyLegal

Posted January 25th, 2013 in appeals, human rights, landlord & tenant, married persons, news by tracey

“Even since McCann v. UK (2008) 47 EHRR 40, a lot of people (around these parts) have been waiting for a case on Article 8 and the rule in Hammersmith v Monk (Hammersmith and Fulham LBC v. Monk [1992] AC 478) to reach the higher Courts. Is the rule that notice by one joint tenant determines the tenancy for both/all compatible with Article 8 (or Protocol 1 Article 1)? Now one case has got to a higher stage. In a somewhat eccentric fashion, the Court of Appeal has given a distinctly forthright view, even if what the Court could actually do with the appeal was, more or less, nothing at all.”

Full story

NearlyLegal, 25th January, 2013

Source: www.nearlylegal.co.uk/blog/

Silk cut: are QCs a luxury we can’t afford? – LegalVoice

Posted January 25th, 2013 in fees, legal aid, news, quality assurance, queen's counsel by tracey

“Criminal defence silk’s earnings from legal aid came into focus this week after Justice Secretary Chris Grayling gave strong indications he is considering targeting QCs, writes Elizabeth Davidson.”

Full story

LegalVoice, 25th January 2013

Source: www.legalvoice.org.uk

Plebgate: Met police calls in external force to review Scotland Yard inquiry – The Guardian

Posted January 25th, 2013 in inquiries, news, police by tracey

“The Metropolitan police commissioner Sir Bernard Hogan-Howe has called in an external force to review Scotland Yard’s criminal investigation into the plebgate saga.”

Full story

The Guardian, 24th January 2013

Source: www.guardian.co.uk