Women win ‘substantial’ compensation over sex pest boss – Daily Telegraph

Posted June 6th, 2014 in compensation, harassment, news by sally

Darren Scott, 53, was “fixated” by 24-year-old Diana Nicholl-Pierson’s breasts and openly ogled them in their Mayfair office, a tribunal found

Full story

Daily Telegraph, 5th June 2014

Source: www.telegraph.co.uk

Express Newspapers fails in attempt to snooker Jimmy White – Zenith Chambers

Posted June 6th, 2014 in defamation, gambling, news, sport by sally

‘On 17th June 2012 the Daily Star Sunday published an article about Jimmy White, the well-known professional snooker player, and John Callaghan, a friend and fan of Mr White. The article was in hard copy and online editions and remained online until 17th August 2012.’

Full story (PDF)

Zenith Chambers, 27th May 2014

Source: www.zenithchambers.co.uk

Insolvent defendants and claimants – Thirty Nine Essex Street

‘Corporate bodies (limited companies or LLPs) have a separate legal identity that ceases to exist upon dissolution. Dissolution can occur, broadly speaking, in two ways, one is at the end of the process of winding up (whether voluntary or compulsory) and the other is by the process of striking off the Register of Companies or limited liability partnerships. The latter occurs either as a result of the company’s or LLP’s failure to file accounts, returns etc. or by a process of voluntary striking off.’

Full story (PDF)

Thirty Nine Essex Street, 7th March 2014

Source: www.39essex.com

Poll finds law students backing legal profession to resist forces of change – Legal Week

Posted June 6th, 2014 in legal education, legal services, news, statistics by sally

‘Most law students believe the legal profession will be resistant to change during their careers, according to research that suggests the next generation of lawyers may be significantly more conservative than many commentators are predicting.’

Full story

Legal Week, 6th June 2014

Source: www.legalweek.com

Last ditch attempt to thwart POCA in the consumer protection field – Six Pump Court

‘The Defendant was convicted of 8 counts of carrying on a consumer credit business without a licence (Section 39 Consumer Credit Act 1974 (“CCA”) ) (“illegal money lending”) and was sent to prison. Birmingham City Council whose team has vast experience in and has conduct of most prosecutions in this area of work applied under Proceeds of Crime Act 2002 (“POCA”) to confiscate the Defendant’s property and in particular a house he had purchased with the proceeds of his business. The case was not a “lifestyle” case.’

Full story (Word)

Six Pump Court, 12th May 2014

Source: www.6pumpcourt.co.uk

Ofqual: teachers must come clean on dodgy exam tactics – Daily Telegraph

Posted June 6th, 2014 in examinations, news, teachers by sally

‘Ofqual, the qualifications watchdog, says it may introduce new rules to prevent teachers using dubious tactics such as rehearsing test answers to inflate pupils’ GCSE results.’

Full story

Daily Telegraph, 5th June 2014

Source: www.telegraph.co.uk

Secret terrorism trial runs risk of miscarriage of justice, says Sadiq Khan – The Guardian

‘Plans to hold the criminal trial of two men charged with serious terrorism offences entirely in secret runs the risk of creating a miscarriage of justice that will never be put right, the shadow justice secretary has warned.’

Full story

The Guardian, 5th June 2014

Source: www.guardian.co.uk

Measures aimed at addressing drop in rape convictions launched – BBC News

Posted June 6th, 2014 in Crown Prosecution Service, news, prosecutions, rape, statistics by sally

‘Measures aimed at improving the conviction rate for rape in courts in England and Wales have been launched by the Director of Public Prosecutions.’

Full story

BBC News, 6th June 2014

Source: www.bbc.co.uk

Baby death couple win children back – Daily Telegraph

‘Father accused of suffocating his baby by rolling on her as they slept can be reunited with her twin after a judge ruled that the baby’s sister should not have been removed by social workers.’

Full story

Daily Telegraph, 5th June 2014

Source: www.telegraph.co.uk

Women duped by undercover officers challenge attempt to block lawsuit – The Guardian

Posted June 6th, 2014 in disclosure, investigatory powers, news, police, spying by sally

‘Women who say they were deceived into forming long-term, sexual relationships with undercover police officers are challenging “absurd, shambolic and incoherent” attempts by police chiefs to block their lawsuit, the high court has heard.’

Full story

The Guardian, 5th June 2014

Source: www.guardian.co.uk

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