Mainetti UK ordered to pay £81,600 over conveyor worker’s injuries – BBC News

Posted January 17th, 2013 in accidents, costs, fines, health & safety, news by sally

“A firm has been ordered to pay £81,600 after a worker was injured when her hair and scarf became tangled in machinery.”

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BBC News, 17th January 2013

Source: www.bbc.co.uk

OFT to investigate workplace pensions market – The Guardian

Posted January 17th, 2013 in competition, consumer protection, news, pensions by sally

“An investigation into whether millions of members of workplace pensions are getting good value for money has been launched by the Office of Fair Trading (OFT).”

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The Guardian, 17th January 2013

Source: www.guardian.co.uk

Off with his head: Recent developments in severability – Hardwicke Chambers

Posted January 17th, 2013 in construction industry, courts, dispute resolution, enforcement, news by sally

“Adjudicators are increasingly called upon to adjudicate upon complex, multi-faceted disputes. It is now well established that ‘a dispute’ can encompass several discrete issues and the TCC has striven to avoid an overly legalistic approach and to apply common sense when deciding whether a claim encompasses ‘a dispute’ or not.”

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Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Woman jailed for crying rape to cover up cheating on her husband – Daily Telegraph

Posted January 17th, 2013 in news, perverting the course of justice, rape, sentencing by sally

“A woman who cried rape to cover up cheating on her partner with a taxi driver has been jailed for two years after the infidelity was exposed.”

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Daily Telegraph, 17th January 2013

Source: www.telegraph.co.uk

Welcome relief? Nationwide v Davisons Solicitors and section 61 of Trustee Act 1925 – Hardwicke Chambers

Posted January 17th, 2013 in fraud, insurance, mortgages, news, trusts by sally

“A topical debate is the extent to which solicitors acting for mortgage lenders (or more precisely, their professional indemnity insurers) should bear the consequences of mortgage fraud.”

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Hardwicke Chambers, 10th January 2013

Source: www.hardwicke.co.uk

Recovery of costs in service charge disputes in the LVT – Tanfield Chambers

Posted January 17th, 2013 in costs, leases, news, tribunals, valuation by sally

“The LVT has no general power to award costs other than when an application is dismissed as frivolous or vexatious, or otherwise an abuse of process or a party has acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings. In such circumstances the costs are capped at £500: para 10 of Sch 12 to the Commonhold and Leasehold Reform Act (‘CLRA’) 2002.”

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Tanfield Chambers, 8th January 2013

Source: www.tanfieldchambers.co.uk

Judge to rule on whether police spy case should be held in open – The Guardian

“A high court judge is due to announce on Thursday morning whether police chiefs have won a controversial case involving undercover spies they infiltrated into political campaigns.”

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The Guardian, 17th January 2013

Source: www.guardian.co.uk

Regina v Nelson (Gary) – WLR Daily

Posted January 17th, 2013 in appeals, assault, law reports by sally

Regina v Nelson (Gary) [2013] WLR (D) 10

“An allegation of assault by beating did not amount to or include, whether expressly or by implication, an allegation of common assault. It would not, therefore, be open to a jury to acquit a defendant of assault by beating but to convict him of common assault, unless the offence of common assault was charged as a separate count in the indictment.”

WLR Daily, 15th January 2013

Source: www.iclr.co.uk

Lillian Ladele is the real loser in Christian discrimination rulings – The Guardian

Posted January 17th, 2013 in employment, human rights, news, registrars, religious discrimination by sally

“It’s good that the ECHR clarified issues about freedom of religion in the UK. But they got it wrong in the case of Ladele.”

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The Guardian, 17th January 2013

Source: www.guardian.co.uk

Media organisations question Government’s legal basis for copyright reforms – OUT-LAW.com

Posted January 17th, 2013 in bills, copyright, judicial review, media, news by sally

“A number of major media organisations have threatened to launch a legal challenge to proposed new laws affecting the UK’s copyright framework.”

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OUT-LAW.com, 16th January 2013

Source: www.out-law.com

A Time of Change: Solicitors’ Firms in England and Wales – Ministry of Justice

Posted January 17th, 2013 in law firms, legal profession, news, reports, solicitors by sally

“A report setting out findings from a survey of solicitors’ firms commissioned jointly by the Law Society, Legal Services Board and Ministry of Justice.”

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Ministry of Justice, January 2013

Source: www.justice.gov.uk

Confidence trickster who defrauded banks out of £750m faces jail – The Guardian

Posted January 17th, 2013 in banking, fraud, mortgages, news, recidivists, sentencing by sally

“Britain’s most successful serial confidence trickster, Achilleas Kallakis, faces up to 10 years in jail after being found guilty of duping banks out of more than £750m.”

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The Guardian, 16th January 2013

Source: www.guardian.co.uk

Property tycoon is jailed for contempt in divorce row over his ‘missing’ £400m fortune – The Independent

Posted January 17th, 2013 in contempt of court, detention, divorce, fines, news by sally

“‘Penniless’ businessman goes from party to party quaffing champagne, court is told.”

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The Independent, 16th January 2013

Source: www.independent.co.uk

90,000 serial offenders avoided jail last year – Daily Telegraph

Posted January 17th, 2013 in detention, news, recidivists, sentencing by sally

“More than 90,000 of the worst serial offenders avoided jail last year as the numbers soared by a quarter in five years.”

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Daily Telegraph, 17th January 2013

Source: www.telegraph.co.uk

What a religious discrimination ruling means for local government – The Guardian

“Councils can expect the backing of the legal system if they insist that employees conduct civil partnerships.”

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The Guardian, 16th January 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 16th, 2013 in legislation by sally

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2013

The Criminal Legal Aid (General) Regulations 2013

The King’s Lynn and West Norfolk (Electoral Changes) Order 2012

The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 16th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Naureen & Anor, R (on the application of) v Salford City Council [2012] EWCA Civ 1795 (15 January 2013)

Robertson v Swift [2012] EWCA Civ 1794 (15 January 2013)

Source: www.bailii.org

Balancing Christian and gay rights isn’t easy – give Strasbourg some credit – The Guardian

“The conclusion reached by the European court of human rights in Christian discrimination cases is no surprise but the principle is difficult to apply.”

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The Guardian, 15th January 2013

Source: www.guardian.co.uk

The polluted air that we breathe: Supreme Court to hear case – UK Human Rights Blog

Posted January 16th, 2013 in EC law, environmental protection, news, pollution by sally

“Back in the late spring, it seemed as if ClientEarth’s claim against Defra in respect of air pollution had run into the buffers. It had been refused by the Court of Appeal, in reasons given extempore: see my earlier post before Bailii received the judgment. Not many such refused cases make it to the Supreme Court, but this one has.”

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UK Human Rights Blog, 15th January 2013

Source: www.ukhumanrightsblog.com

Anyone for another round? The Court of Appeal’s nuanced approach to the duty of “sincere cooperation” – Competition Bulletin from Blackstone Chambers

Posted January 16th, 2013 in competition, EC law, mergers, news, treaties by sally

“The duty of ‘sincere cooperation’ set out in Article 4(3) TEU requires Member States to take appropriate measures to ‘ensure fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union’ as well as to ‘refrain from any measure which could jeopardise the attainment of the Union’s objectives’. When and in what way are Member State authorities required to act – or desist from acting – in order to comply with this duty?”

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Competition Bulletin from Blackstone Chambers, 16th January 2013

Source: www.competitionbulletin.com