Police demand law change for drug drivers – The Guardian

Posted July 30th, 2007 in drug abuse, news, road traffic offences by sally

“Anyone who drives after taking illegal drugs should be prosecuted, senior police officers said today.”

Full story

The Guardian, 30th July 2007

Source: www.guardian.co.uk

Mental Health Act 2007

Posted July 30th, 2007 in legislation, mental health by sally

Mental Health Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

Cash settlement for woman who changed mind on abortion – The Guardian

Posted July 30th, 2007 in abortion, compensation, news by sally

“An NHS hospital trust has agreed to pay £27,500 compensation in an out-of-court settlement with a mother of three for aborting her unborn baby against her will and ignoring her attempts to withdraw her consent.”

Full story

The Guardian, 30th July 2007

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted July 30th, 2007 in legislation by sally

The Mental Health Act 2007 (Commencement No. 1) Order 2007

The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007

The Official Secrets Act 1989 (Prescription) (Amendment) Order 2007

The Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) (No. 2) (Amendment) Regulations 2007

The Overseas Life Insurance Companies (Amendment) Regulations 2007

The Insurance Companies (Tax Exempt Business) Regulations 2007

The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2007

The Employment Income (Meaning of Securities) Order 2007

The National Police Records (Recordable Offences) (Amendment) Regulations 2007

The Gambling Act 2005 (Horserace Totalisator Board) Order 2007

The Electricity (Standards of Performance) (Amendment) Regulations 2007

The Social Security (Contributions) (Amendment No 6) Regulations 2007

The Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2007

The Gambling Act 2005 (Gaming Machines) (Definitions) Regulations 2007

The Trade Marks (Fees) (Amendment) Rules 2007

The Trade Marks (Amendment) Rules 2007

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Modification of Section 4A) Order 2007

The Social Security Contributions and Benefits Act 1992 (Modification of Section 4A) Order 2007

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2007

Source: www.opsi.gov.uk

Shirley and Others v. Crabtree – Times Law Reports

Posted July 30th, 2007 in agricultural holdings, law reports, succession by sally

Livelihood condition for succeeding tenant

Shirley and Others v Crabtree

Queen’s Bench Division

“On an application by a nominated successor for a direction that she became the tenant of an agricultural holding, she did not have to satisfy the livelihood condition by reference to five of the seven years ending with the date of the tribunal hearing as well as by reference to the date of the retirement notice.”

The Times, 30th July 2007

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.

Steadman-Byrne v. Amjad and Others – Times Law Reports

Posted July 30th, 2007 in appeals, bias, law reports, personal injuries by sally

Challenge to bias must be made immediately

Steadman-Byrne v Amjad and Others

Court of Appeal

“A clear manifestation of bias on the part of a tribunal should ordinarily be drawn to its attention immediately. Appellate courts tended not to look favourably on complaints of vitiating bias made only after the complainant had taken his chance on the outcome and found it unwelcome.”

The Times, 30th July 2007

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.

Regina (Horvath) v. Secretary of State for the Environment, Food and Rural Affairs – Times Law Reports

Disparity reference to ECJ

Regina (Horvath) v Secretary of State for the Environment, Food and Rural Affairs

Court of Appeal

“The Court of Appeal had jurisdiction to review a reference by the High Court to the Court of Justice of the European Communities but if unable with complete confidence to resolve the issue, should uphold the reference.”

The Times, 30th July 2007

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.

Trustee Solutions Ltd. and others v. Dubery and another – WLR Daily

Posted July 30th, 2007 in law reports, pensions by sally

Trustee Solutions Ltd. and others v. Dubery and another [2007] EWCA 771 

“On a true construction of s73(3)(b) of the 1995 Act the members of a pension scheme who had the right to retire at 60 in respect of any part of their service, and who were aged between 60 and 64 on the date that the scheme commenced winding up, fell within the provision; but not in respect of pension or other benefits accrued by service to which a normal retirement date at the age of 65 applied.”

WLR Daily, 26th July 2007

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.

Poets Chase Freehold Co. Ltd. v. Sinclair Gardens Investments (Kensington) Ltd. – WLR Daily

Posted July 30th, 2007 in landlord & tenant, law reports by sally

Poets Chase Freehold Co. Ltd. v. Sinclair Gardens Investments (Kensington) Ltd. [2007] EWHC 1776 (Ch) 

“A notice that was purportedly given under s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, but was subsequently accepted by the qualifying tenants to have failed to comply with the requirements of s 13(3), was an invalid notice that did not have statutory consequences and there was nothing in Chapter 1 of Part 1 of the Act to bar the tenants from serving without delay a valid s 13 notice.”

WLR Daily, 26th July 2007

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.

R (El-Kurd) v. Sakavickas and another – WLR Daily

Posted July 30th, 2007 in indictments, jury directions, law reports, proceeds of crime by sally

R (El-Kurd) v. Sakavickas and another; R v. Rana Singh [2007] EWCA Crim 1888

“Where a judge had misdirected a jury owing to a defect in the indictment and the misdirection went to the heart of the issue between the defendant and the Crown, the conviction would be unsafe even if the indictment could have been amended so that the facts relied on would amount to the offence charged, and even where the case against the defendant was very strong.”

WLR Daily, 26th July 2007

Source: www.lawreports.co.uk

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

In re W (Children) (Permission to appeal) – WLR Daily

Posted July 30th, 2007 in appeals, contact orders, law reports, residence orders by sally

In re W (Children) (Permission to appeal) 

“The function of the Court of Appeal on a permission application for residence and contact was limited to a review of the decision of the judge to see whether a prospective appellant had an arguable case, fit to present to the full court on appeal, that the order was ‘plainly wrong’.”

WLR Daily, 26th July 2007

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.

Prisoners to claim millions for parole delay – Daily Telegraph

Posted July 30th, 2007 in compensation, delay, human rights, news, parole, prisons by sally

“Millions of pounds are set to be paid out by the Government to prisoners kept in jail beyond their release dates.”

Full story

Daily Telegraph, 29th July 2007

Source: www.telegraph.co.uk

Lawyers demand better rights for cohabitees who separate – The Times

Posted July 30th, 2007 in cohabitation, news by sally

“A powerful group of family solicitors is calling on the Government to make a commitment to giving cohabiting couples new financial protection if they split up, and to make time for an early Bill.”

Full story

The Times, 30th July 2007

Source: www.timesonline.co.uk

MPs oppose terror detention plans – BBC News

Posted July 30th, 2007 in detention, news, terrorism by sally

“A cross-party committee of MPs and peers has opposed government plans to detain terror suspects without charge beyond 28 days.”

Full story

BBC News, 29th July 2007

Source: www.bbc.co.uk

Family courts appeal wins backing of MPs – Daily Telegraph

Posted July 30th, 2007 in family courts, miscarriage of justice, news by sally

“A campaign for a public inquiry into miscarriages of justice in family courts has won the backing of 23 MPs, writes Ben Leapman.”

Full story

Daily Telegraph, 29th July 2007

Source: www.telegraph.co.uk

Justice delayed as courts short of judges – Daily Telegraph

Posted July 30th, 2007 in criminal justice, delay, news by sally

“A shortage of judges is causing delays in bringing criminal trials to court, putting more pressure on prisons and delaying justice for victims of crime.”

Full story

Daily Telegraph, 30th July 2007

Source: www.telegraph.co.uk

Designer-baby rules ‘should be relaxed to save more siblings’ – The Independent

Posted July 30th, 2007 in embryology, news by sally

“Strict rules permitting the birth of so-called ‘sibling saviours’ should be relaxed, a powerful parliamentary committee will say this week. The relaxation could lead to greater numbers of designer babies being born in order to save the lives of living brothers and sisters.”

Full story

The Independent, 29th July 2007

Source: www.independent.co.uk

One in 15 top police under investigation – The Guardian

Posted July 30th, 2007 in news, police by sally

“Almost one in 15 senior police officers in England and Wales is being investigated over criminal or disciplinary offences, The Observer can reveal. The Police Superintendents’ Association (PSA) said that 100 of its members are under investigation for claims ranging from high-level corruption to harassment.”

Full story

The Observer, 29th July 2007

Source: www.guardian.co.uk