Day: 28 February 2014

Forde and McHugh Ltd v Revenue and Customs Commissioners – WLR Daily

Posted February 28th, 2014 in law reports, national insurance, pensions, social security by sally

Forde and McHugh Ltd v Revenue and Customs Commissioners [2014] UKSC 14; [2014] WLR (D) 99

‘Contributions made by a company into a funded unapproved retirement benefits scheme in favour of one of its directors did not constitute the director’s “earnings” for the purposes of section 6(1) of the Social Security Contributions and Benefits Act 1992 and thus the company was not liable to pay national insurance contributions in respect of the value of the contribution.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Rowstock Ltd and another v Jessemey – WLR Daily

Posted February 28th, 2014 in age discrimination, equality, jurisdiction, law reports, unfair dismissal, victimisation by sally

Rowstock Ltd and another v Jessemey [2014] EWCA Civ 185; [2014] WLR (D) 101

‘The Court of Appeal so stated when allowing the appeal of the claimant, Mr P Jessemey, against a decision of the Employment Appeal Tribunal on 5 March 2013 [2013] ICR 807 dismissing his appeal against a decision by the employment tribunal sitting at Reading to dismiss his claim against his former employer Rowstock Ltd and its director Mr Davis for victimisation pursuant to section 108 of the Equality Act 2010.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Makudi v Baron Triesman of Tottenham – WLR Daily

Posted February 28th, 2014 in defamation, law reports, parliamentary privilege, privilege, public interest by sally

Makudi v Baron Triesman of Tottenham [2014] EWCA Civ 179; [2014] WLR (D) 98

‘Where a claim in defamation was brought against the defendant for repeating at an extra-parliamentary inquiry his evidence before a parliamentary committee, he was immune from the claim, by virtue of article 9 of the Bill of Rights 1689, because of the public interest in the evidence and the close nexus between the evidence on the two occasions.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Redbridge London Borough Council v Dhinsa and another – WLR Daily

Posted February 28th, 2014 in employment, law reports, police, unfair dismissal by sally

Redbridge London Borough Council v Dhinsa and another [2014] EWCA 178; [2014] WLR (D) 97

‘Section 200 of the Employment Rights Act 1996 was apt to exclude a parks police constable from claiming unfair dismissal where the Parks Police Service employing him was a “constabulary maintained by virtue of an enactment”, since, for the purposes of section 200(2)(a) of the 1996 Act, all members of the Service were “constables” who had made an appropriate declaration before a Justice of the Peace and the Service was also maintained by virtue of two enactments.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) – WLR Daily

Posted February 28th, 2014 in airports, detention, freedom of expression, human rights, law reports, terrorism by sally

Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) [2014] EWHC 255 (Admin); [2014] WLR (D) 93

‘It was lawful that a journalist’s assistant who was thought to harbour state secrets in electronic form against the wishes of Britain and a foreign power should be stopped and held at an airport on the basis that investigating him amounted to determining whether he was a terrorist under section 40(1)(b) of and paragraph 2(1) of Schedule 7 to the Terrorism Act 2000.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Nottingham City Council v LM and others – WLR Daily

Posted February 28th, 2014 in care orders, children, conflict of laws, EC law, jurisdiction, law reports by sally

Nottingham City Council v LM and others [2014] EWCA Civ 152; [2014] WLR (D) 92

‘Jurisdiction had to be considered in every children case with an international element and at the earliest opportunity, particularly when the proceedings were issued and at the case management hearing.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

Jervis and others v Pillar Denton Ltd (Game Station) and others – WLR Daily

Posted February 28th, 2014 in administrators, expenses, insolvency, law reports, rent by sally

Jervis and others v Pillar Denton Ltd (Game Station) and others [2014] EWCA Civ 180 ; [2014] WLR (D) 94

‘In the context of insolvency, where rent was payable in advance the office holder should make payments at the rate of the rent for the duration of any period during which he retained possession of the demised property for the benefit of the winding up or administration. The rent would be treated as accruing from day to day. Those payments were payable as expenses of the winding up or administration. The duration of the period was a question of fact and was not determined merely by reference to which rent days occurred before, during or after that period.’

WLR Daily, 24th February 2014

Source: www.iclr.co.uk

Marks & Spencer plc v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted February 28th, 2014 in corporation tax, EC law, insolvency, law reports, subsidiary companies by sally

Marks & Spencer plc v Revenue and Customs Commissioners (No 2) [2014] UKSC 11; [2014] WLR (D) 90

‘A company was entitled to make successive claims to cross-border group relief against corporation tax in relation to the same loss incurred in the same accounting period by a European subsidiary which had gone into liquidation and then to withdraw any earlier claims in respect of the same surrendered loss which did not meet the subsequent judicially determined test, subject to the claim ultimately relied upon not being statute-barred.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Not in the Public Interest – London Review of Books

Posted February 28th, 2014 in judicial review, locus standi, news, public interest by sally

‘Stephen Sedley on the purpose of judicial review.’

Full story

London Review of Books, 28th February 2014

Source: www.lrb.co.uk

Samuel Etherington jailed for killing Gosport teenagers – BBC News

Posted February 28th, 2014 in dangerous driving, homicide, news, sentencing by sally

‘A “boy racer” has been jailed for nine years after admitting causing the deaths of two girls whom he hit with his car.’

Full story

BBC News, 27th February 2014

Source: www.bbc.co.uk

DPP defends failed prosecutions of celebrities over historic sex claims – The Guardian

Posted February 28th, 2014 in news, prosecutions, sexual offences by sally

‘The failed prosecutions of celebrities over allegations of historic sex offences were not prompted by a knee-jerk decision to overcompensate for mistakes made in relation to Jimmy Savile, the UK’s chief prosecutor has said.’

Full story

The Guardian, 27th February 2014

Source: www.guardian.co.uk

Supreme Court to hear landmark Hemming case on licensing fees – Local Government Lawyer

Posted February 28th, 2014 in fees, licensing, local government, news, sex establishments, Supreme Court by sally

‘Westminster City Council has been given permission to take to the Supreme Court the landmark Hemming case concerning the setting of licensing and regulatory fees.’

Full story

Local Government Lawyer, 28th February 2014

Source: www.localgovernmentlawyer.co.uk

Azelle Rodney shooting: police marksman loses high court challenge – The Guardian

Posted February 28th, 2014 in firearms, inquiries, judicial review, news, police, unlawful killing by sally

‘A police marksman has lost his high court bid to challenge a public inquiry finding that he used excessive force when he killed robbery suspect Azelle Rodney.’

Full story

The Guardian, 27th February 2014

Source: www.guardian.co.uk

Privilege and reporting the contents of documents read by the court – Legal Week

Posted February 28th, 2014 in defamation, documents, law reports, news, privilege by sally

‘The fair and accurate reporting of court proceedings has long been protected from libel action by the defence of privilege. Contemporaneous fair and accurate reports of court proceedings in public are now protected by absolute privilege and other fair and accurate reports by qualified privilege. In the former case no libel action can be brought, in the latter an action will only succeed if malice is proved.’

Full story

Legal Week, 27th February 2014

Source: www.legalweek.com

Taxi sex attacks: John Worboys’ victims win payout bid – BBC News

Posted February 28th, 2014 in compensation, human rights, news, police, rape, sexual offences by sally

‘Two women who were sexually assaulted by London taxi driver John Worboys have won a High Court victory in their bid to get compensation from the police.’

Full story

BBC News, 28th February 2014

Source: www.bbc.co.uk

Recent rulings show “sensible and pragmatic” approach to costs sanctions emerging, says expert – OUT-LAW.com

Posted February 28th, 2014 in budgets, case management, costs, news by sally

‘A recent run of High Court rulings shows that a “sensible and pragmatic” approach to the circumstances in which relief from sanctions for breaches of the civil court costs rules will be granted is gradually beginning to emerge, an expert has said.’

Full story

OUT-LAW.com, 25th February 2014

Source: www.out-law.com

Fears for legal aid justice as lawyer admits ‘I can’t afford my own wig’ – The Guardian

Posted February 28th, 2014 in budgets, criminal justice, fees, legal aid, news, remuneration, solicitor advocates by sally

‘Solicitor advocate Caitriona McLaughlin fears government cuts will deter firms from taking loss-making magistrates court cases.’

Full story

The Guardian, 27th February 2014

Source: www.guardian.co.uk

Barend Delport: Sex assault GP struck off register – BBC News

Posted February 28th, 2014 in disciplinary procedures, doctors, news, professional conduct, sexual offences by sally

‘A GP who took intimate pictures of women and children who were his patients has been struck off the medical register.’

Full story

BBC News, 27th February 2014

Source: www.bbc.co.uk

How not to get a pre-inquest review wrong – UK Human Rights Blog

Posted February 28th, 2014 in coroners, expert witnesses, inquests, medicines, news by sally

‘This is the sad tale of a young woman aged 31 dying in mysterious circumstances where the inquest went off entirely on the wrong footing. Joanne Foreman was not a diabetic but lived with a young boy who was. It was suspected that on the night before she died she had drunk heavily and then injected herself with insulin. The inquest proceeded on this basis. Nobody told the expert that the paramedics had taken a blood glucose from Joanne, which was entirely normal. Once this was known, it was obvious that the court would quash the findings at inquest and order a new inquest.’

Full story

UK Human Rights Blog, 25th February 2014

Source: www.ukhumanrightsblog.com

Alan Greaves murder: Jonathan Bowling loses sentence appeal – BBC News

Posted February 28th, 2014 in appeals, murder, news, sentencing by sally

‘A man who killed an organist who was walking to church has lost an appeal against his minimum 25-year tariff.’

Full story

BBC News, 27th February 2014

Source: www.bbc.co.uk