Day: 12 December 2007

Recent Statutory Instruments – OPSI

Posted December 12th, 2007 in legislation by sally

The Immigration, Asylum and Nationality Act 2006 (Data Sharing Code of Practice) (Revocation) Order 2007

The Immigration (Designation of Travel Bans) (Amendment) Order 2007

The Controls on Dangerous Substances and Preparations (Amendment) (No. 2) Regulations 2007

The Export and Movement Restrictions (Foot-and-Mouth Disease) (No.2) Regulations 2007

The Police Act 1997 (Commencement No. 10) Order 2007

The Serious Organised Crime and Police Act 2005 (Commencement No. 11) Order 2007

The Criminal Justice Act 2003 (Commencement No. 18) Order 2007

The Stamp Duty Land Tax (Zero-Carbon Homes Relief) Regulations 2007

The Cosmetic Products (Safety) (Amendment) (No. 3) Regulations 2007

The Greenhouse Gas Emissions Trading Scheme (Amendment No. 2) Regulations 2007

The Drinking Milk (Amendment) (England) Regulations 2007

The Real Estate Investment Trusts (Joint Venture Groups) Regulations 2007

Source: www.opsi.gov.uk

New ISG Ltd v Vernon and Others – Times Law Reports

Posted December 12th, 2007 in law reports, transfer of undertakings by sally

New ISG Ltd v Vernon and Others

“A purposive construction should be given to regulation 4(7) of the Transfer of Undertakings (Protection of Employment) Regulations (SI 2006 No 346) so as to accord with the fundamental freedom of the employee to choose his employer.”

The Times, 12th December 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.

Hill and Another v Haines – Times Law Reports

Posted December 12th, 2007 in bankruptcy, debts, divorce, law reports by sally

Hill and Another v Haines

“An order made in matrimonial ancillary relief proceedings to convey property was not a transaction made without consideration, whether following a contested hearing or a compromise agreement.”

The Times, 12th December 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.

Law Society of England and Wales and others v Shah and others – WLR Daily

Posted December 12th, 2007 in bankruptcy, insurance, law reports, third parties by sally

Law Society of England and Wales and others v Shah and others [2007] EWHC 2841 (Ch)

“It was possible for a third party, who had a ‘bankruptcy debt’, to claim payment from the debtor’s insurer under the Third Parties (Rights Against Insurers) Act 1930 after the debtor had been made bankrupt and discharged. In order to do so it was necessary to establish the liability of the debtor which could be achieved by a judicial determination of the third party’s right to prove the debt in the debtor’s bankruptcy.”

WLR Daily, 11th December 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. 

House of Lords Judgments: What’s new?

Posted December 12th, 2007 in law reports by sally

Clarke (Appellant) v Fennoscandia Limited and others (Respondents) (Scotland) [2007] UKHL 56 (12 December 2007)

Saber (AP) (Appellant) v Secretary of State for the Home Department (Respondent) [2007] UKHL 57 (12 December 2007)

R (on the application of Al-Jedda) (FC) (Appellant) v Secretary of State for Defence (Respondent) [2007] UKHL 58 (12 December)

Source: www.parliament.uk

Data sharing review consultation – Ministry of Justice

Posted December 12th, 2007 in consultations, data protection by sally

“Richard Thomas and Dr Mark Walport are conducting a consultation on the use and sharing of personal information in the public and private sectors as part of their independent Data Sharing Review.”

Full story

Ministry of Justice, 12th December 2007

Source: www.justice.gov.uk

Forced Marriage (Civil Protection) Act 2007 – relevant third party – Ministry of Justice

Posted December 12th, 2007 in consultations, forced marriages, third parties by sally

“The Forced Marriage (Civil Protection) Act 2007 enables applications by a relevant third party on behalf of a victim of forced marriage. This consultation asks for responses on what need there is for relevant third parties, who should act, and what safeguards might be needed.”

Full story

Ministry of Justice, 12th December 2007

Source: www.justice.gov.uk

Recent Statutory Instruments – OPSI

Posted December 12th, 2007 in legislation by sally

The Milk and Milk Products (Pupils in Educational Establishments) (England) (Amendment) Regulations 2007

The Scientific Research Organisations Regulations 2007

The Education (Student Support) (European Institutions) (Amendment) Regulations 2007

The Finance (No. 2) Act 2005, Section 13 (Corporation Tax Exemption for Scientific Research Organisations) (Appointed Day) Order 2007

The North Tees Primary Care Trust (Change of Name) Order 2007

The Primary Care Trusts (Establishment and Dissolution) (England) Amendment (No.3) Order 2007

The Registration of Births, Deaths and Marriages (Amendment) No.2 Regulations 2007

The Supply of Information (Register of Deaths) (Northern Ireland) Regulations 2007

The Wireless Telegraphy (Register) (Amendment) (No. 2) Regulations 2007

The Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2007

The Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2007

The Wireless Telegraphy (Licence Award) (No. 2) Regulations 2007

The Traffic Management Permit Scheme (England) Regulations 2007

Source: www.opsi.gov.uk

Inquiry conclusions on Sky’s ITV stake are expected soon – The Times

Posted December 12th, 2007 in competition, media, news by sally

“John Hutton, the Business and Enterprise Secretary, is expected to publish within the next week the Competition Commission’s conclusions from its inquiry into the legitimacy of BSkyB’s shareholding in ITV.”

Full story

The Times, 12th December 2007
Source: www.timesonline.co.uk

Mother claimed benefit for fake children – Daily Telegraph

Posted December 12th, 2007 in benefits, fraud, news by sally

“A mother who claimed £46,000 in benefits by pretending she had seven extra children was jailed for 10 months yesterday.”

Full story

Daily Telegraph, 12th December 2007

Source: www.telegraph.co.uk

Phone tap evidence ‘should be allowed in terrorist asset cases’ – The Times

Posted December 12th, 2007 in evidence, interception, news, telecommunications, terrorism by sally

“Evidence from telephone taps and other surveillance should be permitted in legal hearings to freeze terrorists’ assets, Jacqui Smith proposed yesterday.”

Full story

The Times,  12th December 2007

Source: www.timesonline.co.uk

No charges for police officer filmed hitting woman – The Guardian

Posted December 12th, 2007 in assault, complaints, news, police by sally

“No police officer is to be prosecuted as a result of the controversial incident in which a young woman was arrested outside a Sheffield nightclub last year, according to the Independent Police Complaints Commission.”

Full story

The Guardian, 12th December 2007

Source: www.guardian.co.uk 

Straw defends early release of man who then killed partner – The Guardian

Posted December 12th, 2007 in dangerous offenders, murder, news by sally

“The justice secretary, Jack Straw, was forced to defend the government’s early release scheme for prisoners today after it emerged a man who murdered his partner ‘should have been behind bars’.”

Full story

The Guardian, 11th December 2007

Source: www.guardian.co.uk

Festive lollipop lady ban over health and safety – Daily Telegraph

Posted December 12th, 2007 in health & safety, news by sally

“A lollipop lady has been banned from wearing festive fancy dress because of safety fears.”

Full story

Daily Telegraph, 12th December 2007

Source: www.telegraph.co.uk

UK first for price-fixing charges – Financial Times

Posted December 12th, 2007 in extradition, news, price fixing by sally

“Three British oil industry executives are due to plead guilty to price-fixing on Wednesday in a landmark Texas case that could have big implications for the extradition and prosecution of other British business people in the US, people familiar with the matter say.”

Full story

Financial Times, 11th December 2007

Source: www.ft.com