Archive for July 31st, 2007

Union cleared over gender pay claim – The Times

“One of the country’s biggest trade unions did not discriminate against female members in its negotiations on equal pay claims, an Employment Appeal Tribunal ruled today. ”

Full story

The Times, 31st July 2007

Source: www.timesonline.co.uk

Ex-BNP candidate jailed for stockpiling explosives – The Guardian

“A former British National party candidate who stockpiled explosive chemicals and ball bearings in anticipation of a future civil war was today jailed for two and a half years.”

Full story

The Guardian, 31st July 2007

Source: www.guardian.co.uk

Goldman escapes €100m claim over bond losses – The Times

“Goldman Sachs was not liable for a loan that turned sour, despite its own bankers admitting that the borrower’s prospects “did not sound too rosy”, the Court of Appeal said today. ”

Full story

The Times, 31st July 2007

Source: www.timesonline.co.uk

Prisons strategy in disarray after ruling – Daily Telegraph

“Thousands of prisoners serving short-term indefinite sentences may have to be set free if a High Court ruling against the new Justice Secretary is upheld on appeal. ”

Full story

Daily Telegraph, 31st July 2007

Source: www.telegraph.co.uk

Barrister loses motorcycle parking challenge – The Times

“A barrister who claimed his motorcycle was immune to parking tickets because its wheels did not touch the ground was told to pay up today by the Court of Appeal. ”

Full story

The Times, July 31st 2007

Source: www.timesonline.co.uk

In re Times Newspapers Ltd and others [2007] EWCA Crim 1925 – WLR Daily

In re Times Newspapers Ltd and others [2007] EWCA Crim 1925

A judge in a criminal trial had power to prevent publication of a question and answer exchange which took place in open court but which should have taken place in camera. Publication of speculation as to the content of evidence that was given in camera could constitute a contempt of court.”

WLR Daily, 30th 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.

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799 – WLR Daily

Tasarruf Mevduati Sigorta Fonu v Demirel and another [2007] EWCA Civ 799

The court had power under CPR r 6.20(9) to permit service outside the jurisdiction of a claim to enforce a foreign judgment where the defendant, who lived abroad, had no assets in the jurisdiction. Ordinarily it would not be just to permit service outside the jurisdiction unless there was a real prospect of a legitimate benefit to the claimant from the English proceedings.”

WLR Daily, July 30th 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.

McLaughlin v Governor of the Cayman Islands [2007] UKPC 50 – WLR Daily

McLaughlin v Governor of the Cayman Islands [2007] UKPC 50

When a decision to dismiss a public office holder had been held by a court of competent jurisdiction to be void, the office holder remained entitled to his full emoluments of that office until his tenure of office was lawfully ended.”

WLR Daily, 30th 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.

Society of Lloyd’s v Henderson and others – WLR Daily

Society of Lloyd’s v Henderson and others; Lowe and others v Society of Lloyd’s; Society of Lloyd’s v Stockwell and others

“The Society of Lloyd’s was not a “public officer” for the purposes of the tort of misfeasance in public office.”

WLR Daily, 30th 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.

Jones v Garnett (HM Inspector of Taxes) [2007] UKHL 35 – WLR Daily

Jones v Garnett (HM Inspector of Taxes) [2007] UKHL 35

A husband who provided his services to the market via a private company which his wife co-owned, thus distributing his earned income between them both via dividend, was not liable to tax on the income transferred to the wife, pursuant to section 660A of the Income and Corporation Taxes Act 1988, provided the wife’s shares in the company were ordinary shares which carried a right to more than just income.”

WLR Daily, 30th 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.

Recent Statutory Instruments – OPSI

The Offshore Installations (Safety Zones) (No.5) Order 2007 

The Verification of Information in Passport Applications Etc.(Specified Persons) Order 2007 

The Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No. 2) Order 2007 

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2007 

The Regulatory Reform (Deer) (England and Wales) Order 2007 

The Terrorism Act 2006 (Disapplication of Section 25) Order 2007 

The Violent Crime Reduction Act 2006 (Commencement No. 3) Order 2007 

The Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 2007

The Medicines for Human Use (Administration and Sale or Supply) (Miscellaneous Amendments) Order 2007

The North East Lincolnshire Primary Care Trust (Change of Name) (Establishment) Amendment Order 2007

The Civil Proceedings Fees (Amendment) (No.2) Order 2007

The Family Proceedings Fees (Amendment) (No.2) Order 2007

The Non-Contentious Probate Fees (Amendment) Order 2007

The Value Added Tax (Supply of Services) (Amendment) Order 2007

The Criminal Justice and Court Services Act 2000 (Amendment) Order 2007

The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007

The Aggregates Levy (Registration and Miscellaneous Provisions) (Amendment) Regulations 2007

The Gaming Duty (Amendment) Regulations 2007

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2007

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2007

The Registration of Marriages (Amendment) Regulations 2007

The Value Added Tax (Betting, Gaming and Lotteries) Order 2007

The Community Order (Review by Specified Courts) Order 2007

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2007

The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Amendment No. 2) Regulations 2007

The Gambling Act 2005 (Horserace Betting Levy) Order 2007

The Categories of Gaming Machine Regulations 2007

The Money Laundering Regulations 2007

Source: www.opsi.gov.uk

HIPS – OFT advises estate agents on their obligations – OFT

“The OFT has today advised all estate agents in England and Wales that a failure to comply with the new Home Information Packs (HIPs) regulations could result in a ban from estate agency work.”

Full story

OFT press release, 31st July 2007

Source: www.oft.gov.uk

In re Times Newspapers Ltd and Others – Times Law Reports

Contempt warning about speculation in press

In re Times Newspapers Ltd and Others 

Court of Appeal

“A judge in a criminal trial could prohibit the publication of a question-and answer-exchange that took place in open court when it should have occurred in camera. The publication of speculation as to the content of evidence that was given in camera could amount to a contempt of court.”

The Times, 31st 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.

Courts fail to achieve performance targets – The Lawyer

“Her Majesty’s Court Service missed eight of its 12 performance targets in the past financial year, its annual report has revealed.”

Full story 

The Lawyer, 30th July 2007

Source: www.thelawyer.com

Law is “unjust” for unwed couples – BBC News

“Couples who are living together should have more legal rights, according to a report from the Law Commission.”

Full story 

BBC News, 30th July 2007

Source: www.bbc.co.uk

Cohabitation – Law Commission

“The report contains final recommendations regarding the law as it affects cohabitants’ property and finances when their relationships end, whether by separation or by death.”

Full report 

Law Commission, 31st July 2007

Source: www.lawcom.gov.uk

Break-up may end in court for unmarried couples – The Times

“Cohabiting couples would be entitled to financial settlements if they split up, under proposals from the Government’s key adviser on law reform.”

Full story 

The Times, 31st July 2007

Source: www.timesonline.co.uk

Rise in number of sex offenders “is swamping supervision system” – The Times

“Known sex offenders are living unchecked in the community because there are too many of them to be monitored regularly, according to research commissioned by the Home Office.”

Full story 

The Times, 31st July 2007

Source: www.timesonline.co.uk

Appeal court judges hold up deportation of three Algerian terror suspects – The Guardian

“The deportation of three suspected Algerian terrorists was yesterday halted by appeal court judges who ruled that the UK government could not be certain that they would be safe from torture after they were sent back.”

Full story 

The Guardian, 31st July 2007

Source: www.guardian.co.uk

Food manufacturers target children on internet after regulator’s TV advertising clampdown – The Guardian

“Some of the world’s leading food manufacturers have begun marketing to children on social networking websites and internet chat programs.”

Full story 

The Guardian, 31st July 2007

Source: www.guardian.co.uk

Three jailed for forcing man to fall 100ft to his death – The Guardian

“A 17-year-old girl and her boyfriend were jailed yesterday for torturing a friend with severe learning difficulties before forcing him to fall to his death from a 100ft railway viaduct.”

Full story 

The Guardian, 31st July 2007

Source: www.guardian.co.uk

£2.4m punishment for massive signal failure – The Times

“Network Rail is to be fined £2.4 million for failing to complete a massive resignalling scheme on time, which resulted in long delays and severe overcrowding for thousands of passengers over several months.”

Full story 

The Times, 31st July 2007

Source: www.timesonline.co.uk

Barrister’s overdraft charges test case rejected – Financial Times

“Barrister Tom Brennan on Monday lost his legal battle in what he hoped would be a test case for the fairness of bank overdraft charges.”

Full story 

Financial Times, 31st July 2007

Source: www.ft.com

£2bn mortgage exit fees may be refunded – Daily Telegraph

“Millions of homeowners are in line for refunds totalling £2 billion on ‘unfair’ mortgage exit fees.”

Full story 

Daily Telegraph, 31st July 2007

Source: www.telegraph.co.uk

HSBC spends £116m refunding customers for unfair charges – The Independent

“One of Britain’s biggest banks divulged the multi-million pound cost of the customer revolt against bank charges for the first time yesterday.”

Full story 

The Independent, 31st July 2007

Source: www.independent.co.uk

No water risk details in home information packs – The Independent

“Ministers faced renewed criticism over the  flooding after it emerged that controversial new home information packs will not include details about flood risk to properties.”

Full story 

The Independent, 31st July 2007

Source: www.independent.co.uk

MPs oppose terror detention plans – BBC News

“There is not enough evidence to support extending the 28-day limit on holding terrorism suspects before charge, a committee of MPs and peers has said.”

Full story 

BBC News, 30th July 2007

Source: www.bbc.co.uk

Sex offender challenges sentences – BBC News

“The government’s handling of the introduction of indeterminate jail sentences is to be challenged in court.”

Full story 

BBC News,  31st July 2007

Source: www.bbc.co.uk


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