Case Summaries Up To September 2008
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By Law Brief Publishing on 25/09/2008 00:00
In its first fine imposed on a mortgage lender since it started regulating home loans in 2004, the FSA has fined GE Money Home Lending £1.12 million for overcharging sub-prime borrowers. It was found that GE had withheld part of the sum advanced beyond the retention period in the loan contract and on some occasions never advanced it to the customer. The sums overcharged amounted to £2.3 million since regulation and £7.04 million from before regulation.
By Law Brief Publishing on 19/09/2008 00:00
Charges were laid against a father and son in respect of 17 counts of alleged insider dealing contrary to the section 52 of the Criminal Justice Act 1993 in respect of the propoesd takeovers of Neutec Pharma Plc and Birse Group Plc and favourable developments in respect of Gulf Keystone Petroleum Limited. The case is to be tried on indictment in the Crown Court.
By Law Brief Publishing on 09/09/2008 00:00
Whether an oral hearing should be granted in determining a prisoner's re-categorisation was dependent upon what procedural fairness demanded. A decision of the Director for High Security Prisons that a prisoner should not be downgraded from Category A was quashed where procedural fairness required that the prisoner ought to have been granted an oral hearing.
By Law Brief Publishing on 08/08/2008 00:00
Open allegations against D, suspected of being a terrorist, were not sufficient, without further disclosure of closed material, to justify the continuation of restrictions against D.
By Law Brief Publishing on 29/07/2008 00:00
Apprentice Carpenter’s Injuries not Caused by Company’s Negligence: The Claimant, an apprentice carpenter, had been injured when he fell off a roof rafter he had climbed onto whilst engaged in fixing a timber strip to. He alleged that the Defendant had been negligent in failing to take into account its safety policy and risk assessments and ought to have provided him with information to the effect that climbing on the rafters was dangerous. Ronald Walker QC, dismissing the claim, held that the C ...
By Law Brief Publishing on 11/07/2008 00:00
Matters within the knowledge of revenue and customs officers were not to be taken as in the mind of the successor Revenue and Customs Prosecution Office. The issue here was whether the prosecution was time-barred.
By Martin Crawford on 03/07/2008 14:57
Judgement of Lord Osborne handed down in relation to the Aamer Anwar contempt of court hearing. On 17 September 2007, at the High Court in Glasgow, Mohammed Atif Siddique was found guilty after trial on several charges under the Terrorism Act 2000 and 2006. On 23 October 2007 in Edinburgh he was sentenced to imprisonment for a total period of eight years. On the day when the jury's verdict was returned, Aamer Anwar the respondent in this remit, who had been the panel's solicitor in connection ...
By Law Brief Publishing on 03/07/2008 00:00
In assessing a complaint as to the suitabiltiy of advice in respect of an investment, the Ombudsman was entitled to rely on his own recollection as to the state of market perception of common investment products and was not obliged to carry out further research despite the provision of a trade article contrary to his recollection.
By Law Brief Publishing on 12/05/2008 00:00
The President of the Family Division issued the above practice direction to be followed in any family case in which it is alleged or there is otherwise reason to supposed that the subject child or a party had experienced domestic violence perpetrated by another party.
By Law Brief Publishing on 25/03/2008 00:00
Legislative Reforms: The Association of British Insurers (ABI) joined with the Confederation of British Industry (CBI) and Citizens Advice Bureau (CAB) to introduce proposals for reforming personal injury compensation. These proposals include: (a) early notification of claim; (b) removal of work duplication; (c) setting of challenging timescales for insurers, giving them 15 days to decide if they are liable for a motor claim and 30 days for an employers' liability or public liability claim; and ...
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