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Archive for August 12th, 2009

City regulator backpedals over bonuses

Times: The City watchdog may come under fire today for softening its proposals on bankers’ bonuses.

The Financial Services Authority will say it has abandoned some of the more draconian proposals it suggested in its March consultation pape

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Briton accused of killing Iraq colleagues should have UK trial, say lawyers

Guardian: Lawyers for the British private security guard accused of shooting dead two colleagues in Baghdad have written to the director of public prosecutions calling for him to be tried in the UK rather than Iraq, it emerged today.

They told Keir Starmer QC they did not believe Danny Fitzsimons, a former paratrooper, would get a fair hearing if went on trial in Iraq.

His solicitor, Trevor Linn, said he was concerned that Fitzsimons would be “made an example of” and executed if found guilty of murdering Paul McGuigan, a Briton, and Darren Hoare, an Australian.

Fitzsimons is under arrest in Baghdad after being accused of killing his ArmorGroup security firm co-workers during a drunken brawl….

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High Court allows evidence of ‘without prejudice’ exchanges to aid interpretation

OUT-LAW: Evidence of negotiations that were conducted on a ‘without prejudice’ basis can be admitted in court proceedings to aid the interpretation of a settlement agreement, a High Court judge has ruled.

When parties attempt to settle a dispute they can do so on a ‘without prejudice’ basis, which means that any admissions they make generally cannot be brought up in court.

The rule was created to encourage the resolution of disputes without court action. Communication can be explicitly labelled ‘without prejudice’ or can qualify automatically as long as it is part of a genuine attempt at compromise.

The rule does not always prevent the admission of evidence of what was said in without prejudice exchanges. Evidence of without prejudice negotiations may be admissible where fraud or misrepresentation was the basis of an agreement, for example.

OUT-LAW: Evidence of negotiations that were conducted on a ‘without prejudice’ basis can be admitted in court proceedings to aid the interpretation of a settlement agreement, a High Court judge has ruled.

High Court allows evidence of ‘without prejudice’ exchanges to aid interpretation

When parties attempt to settle a dispute they can do so on a ‘without prejudice’ basis, which means that any admissions they make generally cannot be brought up in court.

The rule was created to encourage the resolution of disputes without court action. Communication can be explicitly labelled ‘without prejudice’ or can qualify automatically as long as it is part of a genuine attempt at compromise.

The rule does not always prevent the admission of evidence of what was said in without prejudice exchanges. Evidence of without prejudice negotiations may be admissible where fraud or misrepresentation was the basis of an agreement, for example.

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Duncan apologises for foul-mouthed complaint about way MPs are treated

Guardian: A senior Tory apologised today after being caught on camera complaining that MPs are underfunded and treated “like shit”.

Alan Duncan, the shadow leader of the Commons, said that, although his remarks were made “in jest”, he could understand why they would anger members of the public.

But Lord Mandelson claimed that Duncan had been “found out” and that the affair showed that his private views did not reflect his public comments.

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Young Brits are confused about legality of file-sharing

OUT-LAW: Young people continue to download as much copyright-infringing music as ever and are still confused about their liability for copyright infringement, a study of their music habits has found.

The survey of over 1,800 British 14 to 24 year-olds found that 61% of them engage in illegal music file-sharing. It found that the young people assumed they would not be caught unless they were downloading large amounts of music.

The survey was conducted on behalf of music trade body UK Music and the proportion of people downloading music illegally has remained almost unchanged from a similar study conducted last year. The research found that 83% of those who do download do so at least every week….

The research discovered that peer-to-peer (P2P) sharing over the public internet is only one of the ways that young people transfer music to one another, though.

“Sending or receiving music via email, Bluetooth, Skype or MSN is particularly prevalent, as is the sharing of hard drives,” said the report. “57% of respondents say they have copied someone else’s entire music collection.”

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Mandelson launches withering putdown of George Osborne

Guardian: Lord Mandelson has launched a withering personal and political attack of the shadow chancellor, George Osborne, and predicts that the Conservatives‘ programme for government would have “a crippling cost in human potential and long-term growth”.

On his third day deputising for the prime minister, the business secretary mocks the Conservatives’ claim to be the party of progressives, and attacks the leadership over its plans for spending cuts, the environment and its position in Europe.

Writing in today’s the Guardian, Mandelson describes Osborne’s claim in a recent speech that the “torch of progressive politics” has passed to the Tories as “audacious” and “political cross-dressing” that will not convince voters….

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‘Evil pair’ guilty of beating father of five to death

Independent: A boy of 16 and a man with an artificial leg were found guilty yesterday of beating to death a father of five who had popped to the corner shop for some groceries.

Carl Keatley, 20, and Jordan Carrol, 16, launched a brutal attack on Michael Eccles just yards from his home. He died a day later.

The pair, from Lichfield, Staffordshire, were convicted of murder by a jury at Birmingham Crown Court. They had denied the charge, Keatley claiming that his prosthetic leg meant that he could not kick or stamp, nor run away. Carroll said he was too drunk to remember, although he did admit hitting Mr Eccles.

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