Legal500

FSA enforcement and lessons from Galleon

Hot on the heels of securing convictions and a custodial sentence for insider dealing in R v McQuoid [2009], further signs of the Financial Services Authority (FSA)’s renewed vigour for combating market abuse continue to emerge.

- Russell Jones & Walker

Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

COUNCIL TAX

In Harrow LBC v Ayiku [2012] EWHC 1200 (Admin) Sales J held that the word “or” in the Council Tax (Exempt Dwellings) Order 1992, art 3 Class N, had a disjunctive meaning, therefore it was sufficient for the non-British spouse of a foreign student to satisfy one or other of the two conditions, namely being prevented from taking paid employment or being prevented from claiming benefits, in order to qualify as a “relevant person” who was exempted from liability to pay council tax.

- 11KBW
QUEEN’S SPEECH

Bills already introduced pursuant to the Queen’s Speech on 9 May 2012 include Local Government Finance Bill and Electoral Registration and Administration Bill, both accompanied by Explanatory Notes, which in each case address ECHR compatibility.

- 11KBW
Standards

In R (Calver) v Adjudication Panel for Wales [2012] EWHC 1172 (Admin) Mr Calver was a member of Manorbier Community Council who successfully challenged the decision of the Panel to dismiss his appeal against a decision by Prembrokeshire County Council Standards Committee censuring him for a number of comments or blogs posted by him on a website he owned and controlled.

- 11KBW
A justified retrospective

Clive Sheldon - QC debates the pros & cons of retrospective tax legislation

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Public Sector Equality Duty (“PSED”)

In R (Greenwich Community Law Centre) v Greenwich LBC [2012] EWCA Civ 496 the Court of Appeal held that the Council had had “due regard to the PSED when making changes to its funding of community legal advice services”. At para 30 Elias LJ said:

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Public Sector Equality Duty

Surrey County Council conducted a review of its Library Service. This culminated in a Report to the Council’s Cabinet. The Recommendations in the Report included that there should be consultation about a community-partnership approach at selected Libraries.

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Judicial Review

The Judgment of Lindblom J in The Manydown Co Ltd v Basingstoke and Deane BC [2012] EWHC 977 (Admin) repays attention. The Claimant sought to challenge by judicial review 2 decisions of the Council: (1) the Council’s refusal to reconsider its position on the development of a site that it owns (and is the subject matter of a Joint Development Partnership Agreement with the Claimant); and (2) a decision of the Council’s Cabinet approving a selection of sites for development which did not include this site.

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The Health and Social Care Act 2012: impact on adult social services

After its torrid passage through Parliament, the Health and Social Care Bill received Royal Assent on 27 March 2012. The Act deals principally with healthcare reform, but it also contains some amendments to the legislative framework for social care. It will come into force on a day yet to be appointed by the Secretary of State.

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Immigration update May 2012

In this issue:

- Penningtons Solicitors LLP
Premium service for tier 2 and 5 sponsors to be launched

A premium service for sponsors will be launched by the UKBA on 6 April 2012. The service is designed specifically for companies that sponsor international employees under tier 2 and 5 of the points based system and aims to provide them with enhanced support.

- Penningtons Solicitors LLP