Day: 7 April 2009

Recent Statutory Instruments – OPSI

Posted April 7th, 2009 in legislation by sally

The Financial Assistance For Industry (Increase of Limit) (No. 3) Order 2009

The Financial Assistance For Industry (Increase of Limit) (No. 2) Order 2009

The Criminal Justice and Immigration Act 2008 (Commencement No. 7) Order 2009

The Motor Vehicles (Approval) (Amendment) Regulations 2009

The Road Vehicles (Approval) (Consequential Amendments) Regulations 2009

The Financial Markets and Insolvency Regulations 2009

The Family Proceedings (Amendment) (No.2) Rules 2009

The Family Proceedings Courts (Miscellaneous Amendments) Rules 2009

The Data Retention (EC Directive) Regulations 2009

The Legislative Reform (Insolvency) (Advertising Requirements) Order 2009

Source: www.opsi.gov.uk

Why the Law Commission is worried about expert evidence – The Times

Posted April 7th, 2009 in expert witnesses, news by sally

“Defendants are at risk of being wrongly convicted on the evidence of ‘charlatan’ and ‘biased’ expert witnesses, the Government’s law reform body warns today.”

Full story

The Times, 7th April 2009

Source: www.timesonline.co.uk

Injured boy awarded £8.1m payout – BBC News

Posted April 7th, 2009 in news, personal injuries by sally

“A court has awarded what is thought to be a record compensation payment of £8.1m to a boy who was accidentally run over by his father on a family day out.”

Full story

BBC News, 7th April 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted April 7th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Fox v R. [2009] EWCA Crim 653 (02 April 2009)

Pola v The Crown (Health and Safety Executive) [2009] EWCA Crim 655 (07 April 2009)

Court of Appeal (Civil Division)

South Tyneside Metropolitan Borough Council, R (on the application of) v The Lord Chancellor and Secretary of State for Justice & Anor [2009] EWCA Civ 299 (07 April 2009)

Suffolk Mental Health Partnership NHS Trust v Hurst & Ors [2009] EWCA Civ 309 (07 April 2009)

Bunce, R (on the application of) v Pensions Appeal Tribunal [2009] EWCA Civ 451 (07 April 2009)

High Court (Queen’s Bench Division)

Darg v Commissioner of Police for the Metropolis [2009] EWHC 684 (QB) (31 March 2009)

High Court (Administrative Court)

W v Chief Constable of Northumbria [2009] EWHC 747 (Admin) (07 April 2009)

Mid Beds Model Aircraft Club v Secretary of State for Communities & Local Government & Anor [2009] EWHC 681 (Admin) (07 April 2009)

Enertrag (UK) Ltd v Secretary of State for Communities & Local Government & Ors [2009] EWHC 679 (Admin) (07 April 2009)

Benacre Estates Company & Anor v Secretary of State for Communities and Local Government & Ors [2009] EWHC 680 (Admin) (07 April 2009)

Stamford Chamber of Trade & Commerce & Anor, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2009] EWHC 719 (Admin) (07 April 2009)

M, R (on the application of) v Secretary of State for the Ministry of Justice [2009] EWHC 768 (Admin) (07 April 2009)

BP Gas Marketing Ltd v Centrica Storage Ltd [2009] EWHC 732 (TCC) (07 April 2009)

Source: www.bailii.org

Wetherspoon founder wins property fraud case – The Times

Posted April 7th, 2009 in fraud, licensed premises, news by sally

“The founder and chairman of the JD Wetherspoon, the pubs group, was cheated by a former friend and property adviser, the High Court has ruled.”

Full story

The Times, 7th April 2009

Source: www.timesonline.co.uk

Shannon’s mother will not appeal – BBC News

Posted April 7th, 2009 in appeals, kidnapping, news by sally

“Karen Matthews, who kidnapped her own daughter in a bungled effort to gain reward money for the missing child, has abandoned her appeal, her lawyer said.”

Full story

BBC News, 7th April 2009

Source: www.bbc.co.uk

Legalisation of drugs could save UK £14bn, says study – The Guardian

Posted April 7th, 2009 in drug offences, news by sally

“The regulated legalisation of drugs would have major benefits for taxpayers, victims of crime, local communities and the criminal justice system, according to the first comprehensive comparison between the cost-effectiveness of legalisation and prohibition. The authors of the report, which is due to be published today, suggest that a legalised, regulated market could save the country around £14bn.”

Full story

The Guardian, 7th April 2009

Source: www.guardian.co.uk

Expert Evidence in Criminal Trials – Law Commission

Posted April 7th, 2009 in evidence, expert witnesses, news by sally

“We published a consultation paper on 7 April 2009, in which we have made a number of provisional proposals which would reform the law governing the admissibility of expert evidence in criminal proceedings in England and Wales. A press release is also available.”

Full story

Law Commission, 7th April 2009

Source: www.lawcom.gov.uk

Recent Statutory Instruments – OPSI

Posted April 7th, 2009 in legislation by sally

The Scotland Act 1998 (Modification of Schedule 4) Order 2009

The Freedom of Information (Time for Compliance with Request) Regulations 2009

The Charities Act 2006 (Commencement No. 4, Transitional Provisions and Savings) (Amendment) Order 2009

The European Parliamentary Elections (Amendment) (No.2) Regulations 2009

The Planning (Consequential Provisions) Act 1990 (Appointed Day No. 2 and Transitional Provision) (England) Order 2009

The Road Vehicles (Display of Registration Marks) (Amendment) Regulations 2009

The Building (Scotland) Act 2003 (Exemptions for Defence and National Security) Order 2009

The Armed Forces (Aliens) Regulations 2009

The Armed Forces (Civilians Subject to Service Discipline) Order 2009

The Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009

The Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2009

The Organic Products Regulations 2009

The Land Registration Fee Order 2009

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

The Cornwall (Electoral Arrangements and Consequential Amendments) Order 2009

Source: www.opsi.gov.uk

One in four criminals and suspects in bail hostels recalled to jail – Daily Telegraph

Posted April 7th, 2009 in bail, news by sally

“One in four criminals and suspects living in controversial bail hostels have had to be recalled to jail after committing new crimes or breaking the rules.”

Full story

Daily Telegraph, 6th April 2009

Source: www.telegraph.co.uk

Regina v Evans (Gemma) – Times Law Reports

Posted April 7th, 2009 in drug abuse, homicide, law reports, negligence by sally

Regina v Evans (Gemma)

Court of Appeal (Criminal Division)

“For the purposes of gross negligence manslaughter, when a person had created or contributed to the creation of a state of affairs which he knew, or ought to have known had become life-threatening to another person, a consequent duty would normally arise on him to act by taking reasonable steps to save the other’s life.”

The Times, 7th April 2009

Source: www.timesonline.co.uk

Regina (Mendes and Another) v Southwark London Borough Council – Times Law Reports

Posted April 7th, 2009 in costs, judicial review, law reports, reasons by sally

Regina (Mendes and Another) v Southwark London Borough Council

Court of Appeal

“A judge needed to give reasons for preferring one side’s arguments over the other on an application made by written submissions concerning costs.”

The Times, 7th April 2009

Source: www.timesonline.co.uk

Myerson v Myerson (No 2) – Times Law Reports

Posted April 7th, 2009 in compromise, financial provision, law reports by sally

Myerson v Myerson (No 2)

Court of Appeal

“A husband could not have an order compromising an ancillary relief application rewritten where his wealth had fallen significantly.”

The Times, 6th April 2009

Source: www.timesonline.co.uk

Serious Organised Crime Agency v Szepietowski and Others – Times Law Reports

Posted April 7th, 2009 in law reports, proceeds of crime, trusts by sally

Serious Organised Crime Agency v Szepietowski and Others

Chancery Division

“There was no exception in the exclusion regime of section 252 of the Proceeds of Crime Act 2002, concerning restrictions on dealing with property, to confine attention to assets vested in trustees while disregarding their personal assets.”

The Times, 6th April 2009

Source: www.timesonline.co.uk

Regina (A) v Director of Establishments of the Security Service – Times Law Reports

Posted April 7th, 2009 in disclosure, intelligence services, investigatory powers, judicial review, law reports by sally

Regina (A) v Director of Establishments of the Security Service

Court of Appeal

“The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal.”

The Times, 6th April 2009

Source: www.timesonline.co.uk

British Airways plc v Williams and others – WLR Daily

Posted April 7th, 2009 in airlines, law reports, remuneration, working time by sally

British Airways plc v Williams and others [2009] EWCA Civ 281; [2009] WLR (D) 126

“An airline which had paid its pilots during the period of their ‘paid annual leave’ by reference to their basic salary, rather than the pay they might expect to earn, including supplements, during a working week, was not in breach of the applicable statutory requirements as to payment of such paid annual leave.”

WLR Daily, 6th April 2009

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.

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted April 7th, 2009 in contract of employment, equal pay, law reports, time limits by sally

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) [2009] EWCA Civ 293; [2009] WLR (D) 127

“The beginning of the period allowed for initiating an equal pay claim would not be triggered until the expiry of the stable employment between the employer and employee within the meaning of the section 2ZA of the Employment Act 1970. A new employment contract varying the term of an existing contract between the same employer and the same employee in a stable relationship did not terminate the existing contract so as to trigger the beginning of that period.”

WLR Daily, 6th April 2009

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.

Office of Fair Trading v Foxtons Ltd – WLR Daily

Posted April 7th, 2009 in estate agents, injunctions, law reports, unfair contract terms by sally

Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128

“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”

WLR Daily, 6th April 2009

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.

Proceedings brought by A (Case C-523/07) – WLR Daily

Posted April 7th, 2009 in children, EC law, jurisdiction, law reports, parental responsibility by sally

Proceedings brought by A (Case C-523/07); [2009] WLR (D) 129

“For the purposes of the rule that the courts of the EC member state where a child was habitually resident had jurisdiction in matters of parental responsibility, ‘habitual residence’ denoted some degree of integration by the child in a social and family environment.”

WLR Daily, 6th April 2009

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.

Orchard v Lee and another – WLR Daily

Posted April 7th, 2009 in law reports, personal injuries, school children by sally

Orchard v Lee and another [2009] EWCA Civ 295; [2009] WLR (D) 130

“A child at school playing a game in an authorised play area who was not breaking any rules and who was not acting beyond the norms of the game would not have anticipated that some significant personal injury would result from his actions and so was not liable for an injury caused to a playground supervisor.”

WLR Daily, 6th April 2009

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.