Archive for July 25th, 2007

Government toughens Money Laundering Regulations – HM Treasury

“Today the Economic Secretary, Kitty Ussher, published new tough and targeted Regulations to fight Money Laundering and Terrorist Financing. The Money Laundering Regulations, which will come into effect on the 15th December, are designed to ensure the UK response to money laundering at home and abroad is effective and proportionate.”

Full story

HM Treasury press release, 25th July 2007

Source: www.hm-treasury.gov.uk

Judicial watchdog debuts disciplinary figures – Legal Week

“Sixteen holders of judicial office have been removed from their posts in the last year, with a further 16 being subject to alternative disciplinary action, according to figures published by the Office for Judicial Complaints (OJC).”

Full story 

Legal Week, 25th July 2007

Source: www.legalweek.com

Recent Statutory Instruments – OPSI

The Companies (Political Expenditure Exemption) Order 2007

The Nutrition and Health Claims (England) Regulations 2007

The Working Time (Amendment) Regulations 2007

The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007

The Education (Individual Pupil Information) (Prescribed Persons) (Amendment) Regulations 2007

Source: www.opsi.gov.uk

Fifth man guilty in terror case – BBC News

“A university student has been found guilty of possessing articles for terrorist purposes.”

Full story

BBC News, 25th July 2007

Source: www.bbc.co.uk

Youth crime targets missed – Daily Telegraph

“Increases in arrests of young people for petty crimes and anti-social behaviour have undermined Government efforts to reduce the number of youths entering the criminal justice system, according to a report.”

Full story

Daily Telegraph, 25th July 2007

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

F (Mongolia) v Secretary of State for the Home Department [2007] EWCA Civ 769 (25 July 2007)

North v North [2007] EWCA Civ 760 (25 July 2007)

Madan & Anor v Secretary of State for the Home Department [2007] EWCA Civ 770 (25 July 2007)

London Borough of Lewisham v Malcolm & Anor [2007] EWCA Civ 763 (25 July 2007)

DS (Afghanistan) v Secretary of State for the Home Department [2007] EWCA Civ 774 (25 July 2007)

Assets Recovery Agency v Szepietowski & Ors [2007] EWCA Civ 766 (24 July 2007)

Luke v Stoke-On-Trent City Council [2007] EWCA Civ 761 (24 July 2007)

Stone Heritage Developments Ltd & Ors v Davis Blank Furniss (a firm) [2007] EWCA Civ 765 (24 July 2007)

JL, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 767 (24 July 2007)

Secretary of State for Work and Pensions v Morina & AnOr [2007] EWCA Civ 749 (23 July 2007)

Andrews & Anor v Cunningham [2007] EWCA Civ 762 (23 July 2007)

Court of Appeal (Criminal Division)

Ashes v R [2007] EWCA Crim 1848 (24 July 2007)

Banton, R v [2007] EWCA Crim 1847 (24 July 2007)

Javaid v The Crown [2007] EWCA Crim 1845 (23 July 2007)

Rafferty v The Crown [2007] EWCA Crim 1846 (23 July 2007)

High Court (Administrative Court)

Southwark Law Centre, R (on the application of) v Legal Services Commission [2007] EWHC 1715 (Admin) (20 July 2007)

Ashwell Property Group Plc & Anor v Cambridge City Council [2007] EWHC 1753 (Admin) (20 July 2007)

The Midcounties Co-Operative Ltd, R (on the application of) v The Forest of Dean District Council [2007] EWHC 1714 (Admin) (20 July 2007)

High Court (Chancery Division)

Mobile Export 365 Ltd & Anor v Revenue and Customs [2007] EWHC 1737 (Ch) (20 July 2007)

High Court (Commercial Court)

Korea National Insurance Corp v Allianz Global Corporate & Specialty AG [2007] EWHC 1744 (Comm) (24 July 2007)

Bank of Scotland v Euclidian (No. 1) Ltd & Ors [2007] EWHC 1732 (Comm) (20 July 2007)

High Court (Queen’s Bench Division)

Tahmassebi v Persia International Bank Plc [2007] EWHC 1751 (QB) (23 July 2007)

Privy Council

Persad v. Trinidad and Tobago (Trinidad and Tobago) [2007] UKPC 51 (23 July 2007)

McLaughlin v. Cayman Islands (Cayman Islands) [2007] UKPC 50 (23 July 2007)

Gibson v. United States of America (The Bahamas) [2007] UKPC 52 (23 July 2007)

Source: www.bailii.org

Sempra Metals Ltd. (formerly Metallgesellschaft Ltd.) v. Inland Revenue Commissioners and Another – The Times

Compound interest is payable in restitution

Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v Inland Revenue Commissioners and Another

“The court had power to make an award of compound interest in a claim for restitution where such an award was necessary to achieve full justice for the claimant.”

The Times, 25th July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Call to bar will not be deferred until pupillage complete, says BSB – The Lawyer

“The Bar Standards Board (BSB) has rejected proposals to defer call to the bar until after a barrister has completed pupillage.”

Full story

The Lawyer, 25th July 2007

Source: www.thelawyer.com

Women and justice report – The Fawcett Society

“This report, published on Wednesday 25 July, examines the work that has been done in the last year to improve the criminal justice system for women, as offenders, victims and staff … ”

Women and justice: the third annual review of the Commission on Women and the Criminal Justice System (PDF)

The Fawcett Society, 25th July 2007

Source: www.fawcettsociety.org.uk

The Living Together Campaign: an investigation of its impact on legally aware cohabitants – Ministry of Justice

“This is a summary of a short study done in January and September 2006, to assess the attitudes and behaviour of a group of legally aware cohabitants, former cohabitants and intending cohabitants who had accessed The Living Together Campaign (LTC)’s website on the legal position of cohabiting couples.”

The Living Together Campaign – an investigation of its impact on legally aware cohabitants (PDF)

Ministry of Justice, 25th July 2007

Source: www.justice.gov.uk

Man wins 30-year-old divorce payout appeal – Daily Telegraph

“A wealthy retired builder has won his appeal over a court ruling that he must pay more money to the woman he divorced nearly 30 years ago.”

Full story

Daily Telegraph, 25th July 2007

Source: www.telegraph.co.uk

Husband-and-wife team triumph in tax battle – The Times

“HM Revenue and Customs suffered a major defeat today when the House of Lords gave the legal all clear to a tax saving arrangement used by thousands of husband-and-wife small businesses.”

Full story

The Times, 25th July 2007

Source: www.timesonline.co.uk

Brown wants to double terror suspect detention, reports say – The Guardian

“Gordon Brown will today set out counter-terrorism proposals amid reports that they will include the option of doubling the current limit for holding terror suspects from 28 to 56 days.”

Full story

The Guardian, 25th July 2007

Source: www.guardian.co.uk

Parliament (Joint Departments) Act 2007

Parliament (Joint Departments) Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

Rating (Empty Properties) Act 2007

Rating (Empty Properties) Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

Concessionary Bus Travel Act 2007

Concessionary Bus Travel Act 2007 published

Full text of Act

Source:  www.opsi.gov.uk

Vehicle Registration Marks Act 2007

Vehicle Registration Marks Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

Secretary of State for Work and Pensions v. Morina – WLR Daily

Secretary of State for Work and Pensions v. Morina [2007] EWCA Civ 749 

“The Court of Appeal had jurisdiction under s 15 of the Social Security Act 1998 to hear an appeal by the Secretary of State challenging the jurisdiction of the social security commissioner to determine an appeal from a legally qualified panel member (‘LQPM’) of the social security appeal tribunal where the commissioner had accepted jurisdiction but dismissed the appeal on the merits. However, the commissioner had no jurisdiction under s 14(1) of the Act to determine appeals from an LQPM on decisions from which the Act gave no right of appeal. The claimants’ remedy was to seek judicial review.”

WLR Daily, 23rd July 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Green Lane Products Ltd. v. PMS International Group Ltd. and others – WLR Daily

Green Lane Products Ltd. v. PMS International Group Ltd. and others [2007] EWHC 1712 (Pat)

“The ‘sector concerned’ for the purposes of art. 7 of Council Regulation (EC) No 6/2002 was the sector corresponding to the prior art., and not the sector corresponding to the product class indicated in the application for a Community registered design.”

WLR Daily, 19th July 2007

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

House of Lords Judgments: What’s new?

Jones (Respondent) v.Garnett (Her Majesty’s Inspector of Taxes) (Appellant) [2007] UKHL 35

Source: www.parliament.uk

Hearing aid – The Lawyer

“Solicitors must be given greater freedom to take their clients’ cases all the way to the High Court. By Simon Davis.”

Full story

The Lawyer, 23rd July 2007

Source: www.thelawyer.com

Peter Smith J case: the first test of judging the judges – The Lawyer

“The referral of Mr Justice Peter Smith to the Office of Judicial Complaints (OJC) over his conduct has led to the inevitable question: what is going to happen now?”

Full story

The Lawyer, 23rd July 2007

Source: www.thelawyer.com

Government backs private copying but ignores compensation – OUT-LAW.com

“The Government will launch a public consultation this autumn on an exemption from copyright law for people who are moving music on to MP3 players. But the plan for a private copying exemption does not address the controversial question of compensation.”

Full story 

OUT.com, 24th July 2007

Source: www.out-law.com

Doubts rise over electronic tags – Daily Telegraph

“Breaches of court-imposed bail curfews involving electronic tags quadrupled last year while attempts to remove or tamper with them nearly doubled, according to new figures.”

Full story

Daily Telegraph, 25th July 2007

Source: www.telegraph.co.uk

MPs want Blair to give evidence in reopened honours inquiry – The Guardian

“Tony Blair should give evidence to a reopened cash for honours inquiry by MPs in the autumn, members of the Commons public administration committee demanded at a private session yesterday.”

Full story

The Guardian, 25th July 2007

Source: www.guardian.co.uk

Smith defends new counter-terror package – The Guardian

“The home secretary, Jacqui Smith, yesterday presented the first detailed evidence to MPs for the case to go beyond the 28-day limit for holding terror suspects without charge.”

Full story

The Guardian, 25th July 2007

Source: www.guardian.co.uk

Dyslexic police inspector wins ruling he is disabled – The Times

“A Metropolitan Police officer has won a test legal victory that dyslexia is a disability in the eyes of the law.”

Full story

The Times, 25th July 2007

Source: www.timesonline.co.uk


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