The implications for bankrupts of the recent Budget announcement on pensions: have we gone full circle? – 11 Stone Buildings

Posted June 5th, 2014 in bankruptcy, budgets, news, pensions by sally

‘There has long been a tension between two competing public interests: encouraging individuals to save and provide for their financial security in old age on the one hand and providing recourse for creditors in the event of debtors being unable to pay their debts on the other. Historically, the legislative trend has generally been in favour of the creditor. The Welfare Reform and Pensions Act 1999 (“WRPA 99”), which came into force on 29 May 2000, appeared to provide fundamental changes to the relationship between these two competing policies. In 2012, however, when these reforms came before the court in Raithatha v Williamson the result indicated that WRPA 99 may have been far less significant than was previously supposed. If Williamson was correctly decided, then the changes to pension law introduced in the March 2014 Budget will have effectively unravelled those reforms altogether. Alaric Watson explains.’

Full story

11 Stone Buildings, May 2014

Source: www.11sb.com

Rewriting the Register? Statutory powers and jurisdiction to amend the Register of Companies – 11 Stone Buildings

Posted June 5th, 2014 in amendments, company law, documents, news by sally

‘In Registrar of Companies v Angela Swarbrick, Maurice Moses and Craig Lewis (as Joint Administrators of Gardenprime Limited) [2014] EWHC 1466 (Ch), the High Court provides guidance on the provisions of the Companies Act 2006 which permit the removal of unnecessary material on the Register of Companies and clarifies the extent of the Court’s jurisdiction to control the Registrar of Companies’ functions in this regard. Sarah Clarke explains a decision which is likely to expand the circumstances in which the Registrar will agree to remove material.’

Full story

11 Stone Buildings, May 2014

Source: www.11sb.com

Trainee barrister accused boyfriend of rape to get out of sitting legal exams – Daily Telegraph

‘Rhiannon Brooker, a trainee lawyer, faces jail after being found guilty of make up allegations of rape and assault against her boyfriend.’

Full story

Daily Telegraph, 5th June 2014

Source: www.telegraph.co.uk

Burrell v Micheldever Tyre Services Ltd – WLR Daily

Posted June 5th, 2014 in appeals, employment tribunals, jurisdiction, law reports by sally

Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716; [2014] WLR (D) 241

‘The Employment Appeal Tribunal could contain the application of the conventional approach to remittal in a number of ways, namely by (i) being robust when applying that approach, (ii) encouraging parties to consent to the Appeal Tribunal disposing of the case itself and (iii) limiting the scope of any remittal made.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Shanks v Unilever plc and others (No 2) – WLR Daily

Posted June 5th, 2014 in benefits, employment, inventions, law reports, patents by sally

Shanks v Unilever plc and others (No 2) [2014] EWHC 1647 (Pat); [2014] WLR (D) 242

‘The time value of money received by an employer following the vesting of an invention by an employee was not a benefit derived by the employer for the purposes of section 41(1) of the Patents Act 1977.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Failing to Make Crime Pay – BBC Law in Action

Posted June 5th, 2014 in artistic works, internet, news, privacy, proceeds of crime by sally

‘The government wants to do more to recover criminal assets. Joshua Rozenberg asks why – till now, at least – it has proved so difficult to deprive villains of their loot.’

Listen

BBC Law in Action, 3rd June 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 5th, 2014 in legislation by sally

The Criminal Justice and Police Act 2001 (Amendment) Order 2014

The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14 and 16 and Transitional and Transitory Provisions (Amendment)) Order 2014

The Flexible Working Regulations 2014

The Renewable Heat Incentive Scheme (Amendment) Regulations 2014

The Licensing Act 2003 (Permitted Temporary Activities) (Notices and Fees) (Wales) Regulations 2014

The Armed Forces Act 2011 (Commencement No. 5) Order 2014


The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2014

The Financial Services Act 2012 (Commencement No. 4) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 5th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Esporta Ltd v Revenue And Customs [2014] EWCA Civ 155 (25 February 2014)

High Court (Queen’s Bench Division)

Coakley v Rosie [2014] EWHC 1790 (QB) (04 June 2014)

High Court (Chancery Division)

Bank of India v Riat [2014] EWHC 1775 (Ch) (04 June 2014)

High Court (Administrative Court)

F & Ors, R (On the Application Of) v Blackfriars Crown Court & Anor [2014] EWHC 1541 (Admin) (15 April 2014)

Reid, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1772 (Admin) (16 May 2014)

High Court (Family Division)

B v B [2014] EWHC 1804 (Fam) (21 May 2014)


Lancashire CC v C, M & F (Children: Fact-finding) [2014] EWFC 3 (23 May 2014)

Barnsley Metropolitan Borough Council v KP & Ors [2014] EWFC B69 (OJ) (27 May 2014)

LA v KH & Ors [2014] EWFC B68 (OJ) (4 June 2014)

H (Minors) [2014] EWFC B65 (OJ) (16 May 2014)

High Court (Commercial Court)

St.Maximus Shipping Co.Ltd. v A.P. Moller-Maersk A/S [2014] EWHC 1643 (Comm) (22 May 2014)

CIMC Raffles Offshore (Singapore) Pte Ltd v Schahin Holding SA (Rev 1) [2014] EWHC 1742 (Comm) (09 May 2014)

High Court (Patents Court)

Starsight Telecast, Inc & Ors v Virgin Media Ltd & Ors [2014] EWHC 1793 (Pat) (20 May 2014)

Source: www.bailii.org

Thalidomide drug victims launch legal action – BBC News

Posted June 5th, 2014 in birth, compensation, medicines, news, personal injuries, victims by sally

‘Thalidomide victims have launched legal action against the drug’s manufacturer and distributor 50 years after it was prescribed to their mothers.’

Full story

BBC News, 5th June 2014

Source: www.bbc.co.uk

Driver escapes prosecution over cyclist’s death due to ‘wrong speed limit’ – Daily Telegraph

Posted June 5th, 2014 in dangerous driving, homicide, inquests, news, prosecutions by sally

‘A driver who killed a woman while speeding at 49mph in a 30mph zone will not be prosecuted after the wrong speed limit sign was used.’

Full story

Daily Telegraph, 4th June 2014

Source: www.telegraph.co.uk

Secret terror trial is threat to open justice, human rights campaigners warn – The Guardian

‘A major criminal trial involving two men charged with serious terrorism offences could be held entirely in secret for the first time in modern British legal history.’

Full story

The Guardian, 4th June 2014

Source: www.guardian.co.uk

Fenland council binman gets £1.8m rubbish truck payout – BBC News

Posted June 5th, 2014 in accidents, damages, news, personal injuries by sally

‘A binman whose shattered leg had to be amputated above the knee after his rubbish truck hit a parked lorry has been awarded £1.8m in damages.’

Full story

BBC News, 4th June 2014

Source: www.bbc.co.uk

Police racism: Top forces in the dock over failure of 94 discrimination inquiries – The Independent

Posted June 5th, 2014 in complaints, news, police, race discrimination, reports by sally

‘Three of Britain’s biggest police forces face damning criticism over their failure to hold racist officers to account after it emerged that their internal investigations have failed to uphold a single discrimination complaint from members of the public.’

Full story

The Independent, 4th June 2014

Source: www.independent.co.uk

Three guilty in Oxford teen sex attack case – BBC News

‘Two men sexually assaulted a pregnant teenage girl before a third threatened to shoot her, a jury has concluded.’

Full story

BBC News, 4th June 2014

Source: www.bbc.co.uk

Two more guilty of record boiler room fraud – BBC News

‘New convictions in the UK’s biggest-ever boiler room scam bring the total convictions in this £70m fraud to nine.’

Full story

BBC News, 4th June 2014

Source: www.bbc.co.uk

Lady and the Tramp: judge issues warning to women about beggar rescued from streets by a countess – Daily Telegraph

Posted June 5th, 2014 in domestic violence, news, recidivists by sally

‘A former beggar rescued from the streets by a Countess before running off with a schoolgirl from Cheltenham Ladies College has been convicted of attacking his latest girlfriend.’

Full story

Daily Telegraph, 4th June 2014

Source: www.telegraph.co.uk

Court of Appeal: EAT’s role is not to rule on employment cases on their merits – OUT-LAW.com

Posted June 5th, 2014 in appeals, employment tribunals, jurisdiction, news by sally

‘The role of the UK’s Employment Appeal Tribunal (EAT) is generally limited to ruling on the lawfulness of an employment tribunal’s decisions rather than making its own assessment of a case, the Court of Appeal has confirmed.’

Full story

OUT-LAW.com, 4th June 2014

Source: www.out-law.com