Recent Statutory Instruments – OPSI

Posted February 23rd, 2009 in legislation by sally

The Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments -Amendment) Regulations 2009

The Pension Protection Fund (Pension Compensation Cap) Order 2009

The Occupational Pension Schemes (Contracting-out) (Amendment) Regulations 2009

The Gangmasters (Licensing Conditions) Rules 2009

The Personal Injuries (NHS Charges) Amendment Regulations 2009

The Street Works (Inspection Fees) (Wales) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

New study calls for overhaul of legal regulation – Legal Week

Posted February 23rd, 2009 in financial regulation, fraud, news by sally

“The regulation of corporate law in England and Wales needs an overhaul in order to restore public confidence in the sector, according to a College of Law study published today.”

Full story

Legal Week, 23rd February 2009

Source: www.legalweek.com

Guantanamo detainee back in UK – The Independent

Posted February 23rd, 2009 in detention, news, terrorism, torture by sally

“A British resident held at Guantanamo Bay for more than four years arrived back in the UK today. ”

Full story

The Independent, 23rd February 2009

Source: www.independent.co.uk

Related link: Binyam Mohamed’s full statement

Lord Mandelson plan to tear up new laws splits party – The Times

Posted February 23rd, 2009 in employment, equality, news by sally

“Plans to axe new laws that would increase costs for businesses, including enhanced maternity leave and tougher equality legislation, are threatening to blow open a Cabinet rift over how Labour should respond to the economic downturn, The Times has learnt.”

Full story

The Times, 23rd February 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 23rd, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Kinch v Rosling & Ors [2009] EWHC 286 (QB) (20 February 2009)

High Court (Commercial Court)

JP Morgan Chase Bank & Ors v Springwell Navigation Corp [2009] EWHC 282 (Comm) (20 February 2009)

Source: www.bailii.org

Supreme Court overleaps Lords with avowals of better value, transparency

Posted February 23rd, 2009 in news, Supreme Court by sally

“From October this year the Supreme Court will replace the House of Lords as the highest court in ­England and Wales.”

Full story

The Lawyer, 23rd February 2009

Source: www.thelawyer.com

Civil Procedure Rules: Cost Capping Orders Response Paper – Ministry of Justice

Posted February 23rd, 2009 in civil procedure rules, costs, costs capping orders, news by sally

“A consultation being conducted on behalf of the Civil Procedure Rule Committee on proposals to amend part 44 of the Civil Procedure Rules by inserting rules on costs capping orders. The consultation also proposes amendments to the Costs Practice Direction to provide guidance on costs capping. The proposals are drawn from current case law and so do not propose new policy.”

Full story

Ministry of Justice, 23rd February 2009

Source: www.justice.gov.uk

Mitchell v Glasgow City Council – WLR Daily

Posted February 23rd, 2009 in assault, duty of care, law reports, local government, negligence by sally

Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65

Where a local housing authority summoned one of its tenants, who had been abusing and threatening one of his neighbours, to a meeting at which he was told that he could face eviction if his behaviour did not improve and the tenant left the meeting and within an hour had inflicted fatal injuries on the neighbour, it was not fair, just or reasonable that the local housing authority should be held to have been under a common law duty to warn the neighbour that the meeting had been arranged.”

WLR Daily, 20th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Commune de Sausheim v Azelvandre – WLR Daily

Posted February 23rd, 2009 in EC law, environmental protection, freedom of information, law reports by sally

Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64

“The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment.
The Fourth Chamber of the Court of Justice of the European Community so ruled, inter alia, on a reference for a preliminary ruling by the Conseil d’État, France. Art 6 of Directive 2001/18 provides for a standard authorisation procedure for the deliberate release of GMOs into the environment. Art 25(4) provides: ‘In no case may the following information when submitted according to [art 6] be kept confidential:— … location of release …'”

WLR Daily, 20th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Floe Telecom Ltd v Office of Communications and Another – Times Law Reports

Posted February 23rd, 2009 in appeals, law reports, public interest, tribunals by sally

Floe Telecom Ltd v Office of Communications and Another

Court of Appeal

“Where a tribunal had made unnecessary findings which were damaging to the public interest, it was appropriate for the Court of Appeal to entertain the regulator’s appeal against those findings although he had won.”

The Times,23rd February 2009

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.

Adorian v Commissioner of Police of the Metropolis – Times Law Reports

Posted February 23rd, 2009 in criminal procedure, news, trespass to the person by sally

Adorian v Commissioner of Police of the Metropolis

Court of Appeal

“The requirement in section 329 of the Criminal Justice Act 2003 that the court’s permission had to be obtained before a convicted offender could bring civil proceedings for trespass to the person was procedural and directory. Where such proceedings were brought without permission, the defect could be cured on application to the court.”

The Times,23rd February 2009

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.

Christian groups lose legal challenge over human and animal embryos – The Times

Posted February 23rd, 2009 in embryology, news by sally

“Medical research using embryos that contain both human and animal material was cleared to continue yesterday, after the High Court threw out a legal challenge by religious campaigners.”

Full story

The Times, 20th February 2009

Source: www.timesonline.co.uk

Government accused over child pornography – The Independent

Posted February 23rd, 2009 in child abuse, news, pornography by sally

“The Government is failing to resolve the issue of access to child abuse images on the internet, major children’s charities said today.”

Full story

The Independent, 23rd February 2009

Source: www.independent.co.uk

Sir Ken Macdonald rounds on Britain’s banking robbers – The Times

Posted February 23rd, 2009 in banking, fraud, news by sally

“Fraudulent bankers are more of a danger to society than terrorists and the failure to reassure people that their money is safe is an ‘absolute failure of public policy’, a former Director of Public Prosecutions says today.”

Full story

The Times, 23rd February 2009

Source: www.timesonline.co.uk

New deal urged for blood scandal victims – The Guardian

Posted February 23rd, 2009 in blood products, compensation, news by sally

“The government will today come under pressure to forge a new compensation deal for thousands of people with haemophilia who were given blood tainted with HIV and hepatitis C, as a long-awaited report from an independent inquiry into the scandal is published.”

Full story

The Guardian, 23rd February 2009

Source: www.guardian.co.uk

Terror law watchdog Lord Carlile joins clamour for accused hacker to be tried in UK instead of US – The Guardian

Posted February 23rd, 2009 in autism, computer crime, extradition, news by sally

“Lord Carlile, the independent reviewer of anti-terror laws, has written to the home secretary to ask her to enable computer hacker Gary McKinnon to be prosecuted in the UK rather than face extradition and a jail term in the US. The intervention comes as the director of public prosecutions, Keir Starmer QC, is considering whether to prosecute McKinnon, who has been diagnosed with Asperger’s syndrome, under British computer misuse laws.”

Full story

The Guardian, 23rd February 2009

Source: www.guardian.co.uk

Stepfather of David Cameron’s wife seeks to challenge sleaze legislation – Daily Telegraph

Posted February 23rd, 2009 in news, parliament, taxation by sally

“Lord Astor, the stepfather of David Cameron’s wife, is seeking to block legislation which would force peers to pay tax in the UK or resign from the House of Lords.”

Full story

Daily Telegraph, 22nd February 2009

Source: www.telegraph.co.uk

Privacy law threat to Gordon Brown’s phone tap plan – The Times

Posted February 23rd, 2009 in evidence, interception, news, privacy by sally

“The prime minister’s plans to allow phone tap evidence to be used in court could be scuppered by human rights and privacy laws, an independent review ordered by Gordon Brown has found.”

Full story

The Times, 22nd February 2009

Source: www.timesonline.co.uk

New Banking Act comes into effect – BBC News

Posted February 23rd, 2009 in banking, news by sally

“The UK’s new Banking Act, which gives greater powers of intervention to the Bank of England, is coming into force.”

Full story

BBC News, 21st February 2009

Source: www.bbc.co.uk

Foreign workers could be barred from entering UK – The Guardian

Posted February 23rd, 2009 in immigration, news by sally

“New measures to bar tens of thousands of foreign workers from outside Europe coming to work in Britain as the recession bites deeper were outlined by the home secretary, Jacqui Smith, today.”

Full story

The Guardian, 22nd February 2009

Source: www.guardian.co.uk