Archive for February 21st, 2011

The National Pro Bono Centre Question Time Debate – The Bar Council

“Following on from the 2010 LawWorks event “Legal Aid after the Election”, the National Pro Bono Centre is delighted to give notice of the second Legal Aid Question Time. Panel members will include key representatives from the main political parties and from the representative professional bodies. The audience will include lawyers from all practice areas, members of the advice sector and other key legal aid stakeholders.”

Full story

The Bar Council, 21st February 2011

Source: www.barcouncil.org.uk

Werynski v Mediatel 4B spólka z o o – WLR Daily

Werynski v Mediatel 4B spólka z o o (Case C-283/09); [2011] WLR (D) 50

“In respect of acts which had been adopted in the field of Title IV of the EC Treaty, since December 1 2009 the Court of Justice of the European Union has had jurisdiction to hear and determine a reference for a preliminary ruling from a court against whose decision there was a judicial remedy under national law even where the reference was lodged prior to that date. In determining whether the question referred to the Court of Justice was necessary to enable the referring court to ‘give judgment’ pursuant to article 267FEU of the FEU Treaty, ‘give judgment’ referred to the entire process of creating the judgment, including all issues relating to the responsibility for the costs of proceedings. Where the examination of a witness by a court was at issue there was a direct connection between the question referred for a preliminary ruling and the performance by the referring court of a judicial function. A requested court was not entitled pursuant to Council Regulation (EC) No 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p 1), to make the examination of a witness conditional on prior payment of an advance from the requesting court covering his witness expense and there was no obligation upon the requesting court to pay such an advance nor was the requesting court obliged to reimburse the expenses paid to the witness examined.”

WLR Daily, 21st February 2011

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.

Haribo Lakritzen Hans Riegel Betriebs GmbH v Finanzamt Linz; Osterreichische Salinen AG v Same – WLR Daily

Haribo Lakritzen Hans Riegel Betriebs GmbH v Finanzamt Linz; Osterreichische Salinen AG v Same(Joined Cases C-436/08 and C-437/08); ; [2011] WLR (D) 49

“Legislation of a member state which discriminated against portfolio dividends received by a resident company from a company resident in a non member state party to an EEA Agreement, was contrary to the principle of free movement of capital, where that discrimination was based upon a comprehensive agreement of mutual assistance. It was not contrary to article 63FEU of the FEU Treaty for member states to exempt from corporation tax portfolio dividends which one resident company received from another whilst subjecting portfolio dividends which a resident company received from a non member state company party to an EEA Agreement or from a company resident in another member state, provided that the tax was credited against tax payable in the members state of the recipient company and the administrative burdens were not excessive. National legislation which discriminated against dividends received from non member states on the basis of the shareholding held by the recipient company in the non member state company was not contrary to article 63FEU provided the mechanisms in place to off set the charges to tax led to equivalent results.”

WLR Daily, 18th February 2011

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 – legislation.gov.uk

The Immigration and Nationality (Fees) Order 2011

The Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2011

Source: www.legislation.gov.uk

Srebrenica general’s attackers get life for revenge stabbing in prison – The Guardian

“Three convicted killers have been given concurrent life sentences for a revenge attack on a former Bosnian Serb general in a British high-security jail.”

Full story

The Guardian, 21st February 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

MD (Gambia), R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 121 (17 February 2011)

Test Claimants In the Thin Cap Group Litigation v HM Revenue and Customs [2011] EWCA Civ 127 (18 February 2011)

Axa Sun Life Services Plc v Campbell Martin Ltd & Ors [2011] EWCA Civ 133 (18 February 2011)

Welford v Transport for London [2011] EWCA Civ 129 (18 February 2011)

Bayat Telephone Systems Internaitonal Inc & Ors v Lord Michael Cecil & Ors [2011] EWCA Civ 135 (18 February 2011)

Acre 1127 Ltd (Formerly known as Castle Galleries Ltd) v De Montfort Fine Art Ltd [2011] EWCA Civ 130 (18 February 2011)

Kulasekara v Secretary of State for the Home Department [2011] EWCA Civ 134 (18 February 2011)

High Court (Queen’s Bench Division)

Close Brothers Ltd v Pearce [2011] EWHC 298 (QB) (18 February 2011)

Dainton v Powell [2011] EWHC 219 (QB) (18 February 2011)

Henry v News Group Newspapers Ltd [2011] EWHC 296 (QB) (18 February 2011)

Tovey & Ors v Ministry of Justice [2011] EWHC 271 (QB) (18 February 2011)

Lord Ashcroft KCMG v Foley & Ors [2011] EWHC 292 (QB) (18 February 2011)

Hunt v Evening Standard Ltd [2011] EWHC 272 (QB) (18 February 2011)

High Court (Chancery Division)

Roberts v Frohlich & Anor [2011] EWHC 257 (Ch) (18 February 2011)

Hurndell v Hozier & Ors [2011] EWHC 321 (Ch) (18 February 2011)

High Court (Administrative Court)

Jbol Ltd, R (on the application of) v The Health Protection Agency [2011] EWHC 236 (Admin) (18 February 2011)

Bourgass & Anor, R (on the application of) v Secretary of State for Justice [2011] EWHC 286 (Admin) (18 February 2011)

Waste Recycling Group Ltd, R (on the application of) v Cumbria County Council [2011] EWHC 288 (Admin) (18 February 2011)

London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) (18 February 2011)

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 235 (Admin) (14 February 2011)

High Court (Technology and Construction Court)

Crown Aluminium Ltd v Northern & Western Insurance Company Ltd & Anor [2011] EWHC 277 (TCC) (18 February 2011)

Source: www.bailii.org

British bill of rights ‘will put judges in a difficult position’ – The Guardian

“Former Lord Chief Justice Lord Woolf warns of conflict between European convention on human rights and proposed British bill of rights.”

Full story

The Guardian, 21st February 2011

Source: www.guardian.co.uk


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