Month: June 2013
Government consults on new tax rules for UK workers employed through offshore intermediaries – OUT-LAW.com
“New rules aimed at ensuring that businesses which employ UK-based workers through offshore structures pay the correct employment taxes have been published for consultation by the Government.”
OUT-LAW.com, 31st May 2013
Source: www.out-law.com
Abdulrahim v Council of the European Union and another – WLR Daily
Abdulrahim v Council of the European Union and another (Case C-239/12P); [2013] WLR (D) 208
“Despite the removal of his name from a ‘terrorist watch list’, established by Council Regulation (EC) No 881/2002 imposing restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, to which his name had been added by Council Regulation (EC) 1330/2008, the applicant retained an interest in having the courts of the European Union recognise that he should never have been included on the list since the removal of his name did not dispose of his constitutional claims.”
WLR Daily, 28th May 2013
Source: www.iclr.co.uk
Cosmichome Ltd v Southampton City Council – WLR Daily
Cosmichome Ltd v Southampton City Council [2013] EWHC 1378 (Ch); [2013] WLR (D) 207
“Section 9(2) of the Perpetuities and Accumulations Act 1964 had no application to a right of pre-emption, so long as it had not matured into an option.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
Interflora Inc and another v Marks and Spencer plc and another – WLR Daily
“There was no rule in European trade mark law that the use of a sign in context was deemed to convey a single meaning in law even if it was in fact understood by different people in different ways.”
WLR Daily, 21st May 2013
Source: www.iclr.co.uk
Hunt v Conwy County Borough Council – WLR Daily
Hunt v Conwy County Borough Council [2013] EWHC 1154 (Ch); [2013] WLR (D) 205
“It was open to the court to entertain an application under section 320(2)(c) to vest a dwelling in its occupants notwithstanding that the applicant occupied only part of the disclaimed property as his dwelling house and it was open to the court, on such an application, to make an order relating to only a part of the disclaimed property.”
WLR Daily, 8th May 2013
Source: www.iclr.co.uk
Regina (Gray and another) v Crown Court at Aylesbury – WLR Daily
Regina (Gray and another) v Crown Court at Aylesbury [2013] EWHC 500 (Admin); [2013] WLR (D) 204
“The court ought not to record a separate conviction under section 9 of the Animal Welfare Act 2006 where a person had been found guilty of an offence under section 4 and the neglect proved under section 9 was no wider than the conduct which caused the unnecessary suffering for which there was guilt under section 4.”
WLR Daily, 12th March 2013
Source: www.iclr.co.uk
Local authorities to end ‘unnecessary’ health and safety checks in shops and offices – OUT-LAW.com
“Tens of thousands of lower risk businesses will no longer be subject to regular health and safety inspections by local authorities.”
OUT-LAW.com, 3rd June 2013
Source: www.out-law.com
High Court backs solicitors in mortgage fraud case – Legal Futures
“The defence protecting honest solicitors duped by mortgage fraudsters that was erected by the Court of Appeal last year has been reinforced by the High Court.”
Legal Futures, 3rd June 2013
Source: www.legalfutures.co.uk
Competition law – Law Society’s Gazette
“The coalition government was just six months old when it announced a ‘bonfire’ of 192 quangos, among them the Competition Commission and the Office of Fair Trading. Fast forward to 2013 and, albeit without much ministerial fanfare, the Competition and Markets Authority (CMA) has a CEO-designate, Alex Chisholm. He is preparing to lead a merged organisation set to be formally established on 1 October; the authority will assume full functions and powers in April 2014.”
Law Society’s Gazette, 3rd June 2013
Source: www.lawgazette.co.uk
Let’s be frank: The decision in MN and KN v London Borough of Hackney – Hardwicke Chambers
“Sleeping rough on the streets of London is not an appealing prospect. It is all the more unappealing for anyone with two young children in the grip of an unseasonably cold winter. It was in order to avoid this fate that, in January 2012, the parents of MN and KN (the claimants in this case) approached their local authority, the London Borough of Hackney, and asked for assistance.”
Hardwicke Chambers, 24th May 2013
Source: www.hardwicke.co.uk
Employment Tribunal rules in favour of law firms in key age discrimination case – Legal Week
“The Employment Tribunal has rejected an age discrimination claim by lawyer Leslie Seldon against his former firm Clarkson Wright & Jakes (CWJ), which had initially seemed likely to threaten law firm’s ability to enforce a compulsory retirement age for partners.”
Legal Week, 31st May 2013
Source: www.legalweek.com
Mark Aronson: Statutory Interpretation or Judicial Disobedience? – UK Constitutional Law Group
“In Australia as in England, courts began ‘reading down’ legislative grants of broad and seemingly unfettered discretionary power long before the currently fashionable ‘principle of legality’ entered the public lawyer’s lexicon. Judges typically explained themselves as merely engaging in an exercise of statutory interpretation, saying that in the absence of express words or an absolutely necessary implication to the contrary, they could not believe that Parliament intended to override fundamental principles, rights, or freedoms. Legislative drafters, they reasoned, were well aware of this interpretive approach, and could always respond with clearer language.”
UK Constitutional Law Group, 3rd June 2013
Source: www.ukconstitutionallaw.org
Leading internet companies warn Government of ‘harmful consequences’ of ‘snooper’ laws – OUT-LAW.com
“Five leading internet companies have warned the Government about the ‘potentially seriously harmful consequences’ of creating new laws allowing police and public authorities to monitor electronic communications.”
OUT-LAW.com, 31st May 2013
Source: www.out-law.com
Middle-class families face ruin under legal aid reforms, top lawyer warns – Daily Telegraph
“Middle class families face bankruptcy and miscarriages of justice under reforms which threaten to undermine the Britain’s legal system, one of the country’s most senior lawyers has warned.”
Daily Telegraph, 31st May 2013
Source: www.telegraph.co.uk
Is that it for ABSs? – Legal Futures
“There will be plenty of lawyers crowing over the failure of In-Deed Online. Expect a lot of ‘I told you so-ing’. It will be used as evidence that alternative business structures (ABSs) are flawed and that the much-heralded change in the legal market will prove to be a bust.”
Legal Futures, 3rd June 2013
Source: www.legalfutures.co.uk
UK needs prompt action on human rights record, UN panel warns – The Guardian
“The British government’s human rights record since the attacks of 9/11 and the invasion of Iraq is facing ferocious criticism from a United Nations panel, which warns that prompt action is needed to ensure the country meets its obligations under international law.”
The Guardian, 31st May 2013
Source: www.guardian.co.uk
April Jones: The challenge to catch online child abusers – BBC News
“Mark Bridger’s conviction for the murder of five-year-old April Jones has once more brought the issue of online child abuse to the fore. Many are in agreement that more needs to be done by web companies to block and remove such content. But what exactly is being done now, and how effective is it?”
BBC News, 31st May 2013
Source: www.bbc.co.uk
Craig Hepburn stabbing: Two found guilty – BBC News
“Two men have been jailed after being found guilty of killing a talented bagpiper in a random attack following a night out in West Yorkshire.”
BBC News, 31st May 2013
Source: www.bbc.co.uk
