26/10/2007 – Current Awareness

United Utilities Water plc v Environment Agency for England and Wales – Times Law Reports

Posted October 26th, 2007 in environmental protection, law reports, waste by sally

Permit required for intermediate treatment

United Utilities Water plc v Environment Agency for England and Wales

House of Lords

“The requirement for a permit in order to operate waste water plants, where the treatment resulted in nonhazardous waste being discarded, applied to installations where intermediate treatment took place prior to transportation to another site for final treatment and disposal.”

The Times, 26th October 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 v Chal – Times Law Reports

Posted October 26th, 2007 in hearsay evidence, law reports by sally

Hearsay evidence admissible in hearing whether unfit accused did act

Regina v Chal

Court of Appeal (Criminal Division)

“The provisions concerning admissibility of hearsay evidence in a criminal trial applied to proceedings to determine whether a person under a disability did the act or made the omission in the offence with which he was charged.”

The Times, 26th October 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.

Brown’s talk of civil rights marks move to regain voters’ trust – The Independent

Posted October 26th, 2007 in constitutional law, freedom of information, news, police, powers of entry by sally

“A shake-up of Britain’s secrecy laws and those powers enabling police to enter the home has been ordered by the Prime Minister as part of sweeping changes to the constitution.”

Full story

The Independent, 26th October 2007

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted October 26th, 2007 in law reports by sally

Court of Appeal (Civil Division)

Neil Martin Ltd v HM Revenue & Customs [2007] EWCA Civ 1041 (25 October 2007)

Cadogan & Anor v Sportelli & Anor [2007] EWCA Civ 1042 (25 October 2007)

Boudh v Bodh [2007] EWCA Civ 1019 (25 October 2007)

AA (Somalia) v SSHD [2007] EWCA Civ 1040 (25 October 2007)

Kohn v Wagschal & Ors [2007] EWCA Civ 1022 (24 October 2007)

Poole & Ors v HM Treasury [2007] EWCA Civ 1021 (24 October 2007)

Wright & Ors, R (on the application of) v Secretary of State for Health & Anor [2007] EWCA Civ 999 (24 October 2007)

Grundy v British Airways Plc [2007] EWCA Civ 1020 (23 October 2007)

Evans v Kosmar Villa Holidays Plc [2007] EWCA Civ 1003 (23 October 2007)

Aspinall’s Club Ltd v Al-Zayat [2007] EWCA Civ 1001 (19 October 2007)

The New Testament Church of God v Rev Stewart [2007] EWCA Civ 1004 (19 October 2007)

Vector Corporation v Glatt Air Techniques Inc [2007] EWCA Civ 805 (19 October 2007)

Novartis (AG) v Ivax Pharmaceuticals UK Ltd [2007] EWCA Civ 971 (18 October 2007)

Egan v Motor Services (Bath) Ltd [2007] EWCA Civ 1002 (18 October 2007)

HM Revenue & Customs v Total UK Ltd [2007] EWCA Civ 987 (18 October 2007)

Bandwidth Shipping Corporation v Intaari [2007] EWCA Civ 998 (17 October 2007)

Harouki v Royal Borough of Kensington & Chelsea [2007] EWCA Civ 1000 (17 October 2007)

Gater Assets Ltd v Nak Naftogaz Ukrainiy [2007] EWCA Civ 988 (17 October 2007)

Court of Appeal (Criminal Division)

P, R v [2007] EWCA Crim 2290 (22 October 2007)

Ulcay, R v [2007] EWCA Crim 2379 (19 October 2007)

High Court (Administrative Court)

Moody v General Osteopathic Council [2007] EWHC 2465 (Admin) (25 October 2007)

Source: www.bailii.org

Judges face trial by MPs in plans for new method of selection – The Times

Posted October 26th, 2007 in constitutional reform, judiciary, news, parliament by sally

“Senior judges could be questioned by MPs under plans outlined by ministers yesterday to reform the way judges are chosen.”

Full story

The Times, 26th October 2007

Source: www.timesonline.co.uk

Court says taxpayers can sue Revenue for errors – The Times

Posted October 26th, 2007 in HM Revenue & Customs, negligence, news, taxation by sally

“Businesses or individuals who have lost out because of serious errors at Revenue and Customs will be able to sue for damages following a landmark legal victory yesterday.”

Full story

The Times, 25th October 2007

Source: www.timesonline.co.uk

Pressure from parents sees rejection of smacking ban – The Independent

Posted October 26th, 2007 in children, corporal punishment, news by sally

“The Government bowed to parental pressure yesterday and decided against introducing a ban on smacking children.”

Full story

The Independent, 26th October 2007

Source: www.independent.co.uk

New hate laws will keep judges busy – The Times

Posted October 26th, 2007 in inciting racial hatred, inciting religious hatred, news by sally

“Courts will take some time to come to terms with the Racial and Religious Hatred Act, which came into force in October 1.”

Full story

The Times, 25th October 2007

Source: www.timesonline.co.uk

Teacher beaten by pupil clears name – Daily Telegraph

Posted October 26th, 2007 in news, teachers, threatening behaviour by sally

“A teacher dragged through court and suspended from his job after being attacked by a teenage pupil with a ‘propensity for violence’ has cleared his name.”

Full story

Daily Telegraph, 26th October 2007

Source: www.telegraph.co.uk

Legal ruling safeguards UK jobs – BBC News

Posted October 26th, 2007 in news, redundancy, trade unions by sally

“Following a landmark legal ruling this week, employers will now need to consult trade unions before they make a decision to close a workplace in the UK.”

Full story

BBC News, 26th October 2007

Source: www.bbc.co.uk

Parliament approves legal services reforms – The Times

Posted October 26th, 2007 in bills, legal services, news by sally

“The controversial Legal Services Bill is now awaiting Royal Assent after the House of Lords approved amendments.”

Full story

The Times, 25th October 2007

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted October 26th, 2007 in legislation by sally

The Bluetongue (Compensation) Order 2007

The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007

The Companies (Cross-Border Mergers) Regulations 2007

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2007

The Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007

Source: www.opsi.gov.uk

General reform – Law Society’s Gazette

Posted October 26th, 2007 in attorney general, special report by sally

“As the attorney-general’s role comes under scrutiny, Baroness Scotland and solicitor-general Vera Baird reveal to Anita Rice their hopes for the future.”

Full story

Law Society’s Gazette, 25th October 2007

Source: www.lawgazette.co.uk

Claimant PI lawyers condemn asbestos ruling – Law Society’s Gazette

Posted October 26th, 2007 in asbestos, industrial injuries, news by sally

“Claimant personal injury lawyers have condemned last week’s House of Lords ruling that bars people who have developed pleural plaques after exposure to asbestos at work from suing employers for damages.”

Full story

Law Society’s Gazette, 25th October 2007

Source: www.lawgazette.co.uk

Bill reaches denouement – Law Society’s Gazette

Posted October 26th, 2007 in bills, legal services, news by sally

“The Legal Services Bill headed towards its end-game this week in the wake of the House of Lords defeating the government on three key issues, two of which look likely to lead to concessions.”

Full story

Law Society’s Gazette, 25th October 2007

Source: www.lawgazette.co.uk

The Governance of Britain – War Powers and Treaties: Limiting Executive Powers – Ministry of Justice

Posted October 26th, 2007 in armed forces, constitutional law, parliament, treaties, war by sally

“This consultation document seeks views on the role of Parliament in decisions to commit the armed forces to armed conflict abroad and on the ratification of treaties. It follows on from the ‘Governance of Britain’ green paper.”

Full story

Ministry of Justice, 25th October 2007

Source: www.justice.gov.uk

The Governance of Britain: Judicial Appointments – Ministry of Justice

Posted October 26th, 2007 in constitutional law, consultations, judicial appointments commission, judiciary by sally

“This consultation seeks views on the arrangements for making judicial appointments, and in particular on whether the residual role of the executive in judicial appointments should be further reduced. This consultation follows on from ‘The Governance of Britain’ green paper.”

Full story

The Ministry of Justice, 25th October 2007

Source: www.justice.gov.uk

Record industry pushes ISPs to cut off file sharers – The Register

“The record industry is pressing the UK’s ISPs for a deal that would see persistent illegal file sharers automatically booted off the net.”

Full story

The Register, 25th October 2007

Source: www.theregister.co.uk