Recent Statutory Instruments – OPSI

Posted January 16th, 2008 in legislation by sally

The Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment No.3) Order 2007

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008

The Transfrontier Shipment of Waste (Amendment) Regulations 2008

The Information as to Provision of Education (England) Regulations 2008

The County Durham (Structural Change) Order 2008

The Cornwall (Structural Change) Order 2008

The Wiltshire (Structural Change) Order 2008

The Northumberland (Structural Change) Order 2008

The Shropshire (Structural Change) Order 2008

Source: www.opsi.gov.uk

Review of the use of Low Copy Number DNA analysis in current cases: CPS statement – Crown Prosecution Service

Posted January 16th, 2008 in DNA, reports by sally

“The judgment in the Omagh bombing case, R v Hoey, was handed down on the 20th December 2007.

The Judge expressed concerns about Low Copy Number (LCN) DNA analysis, conducted by the Forensic Science Service Ltd (FSS), which was adduced in evidence. In particular he expressed concerns about the extent to which the scientific validity of the technique had been demonstrated.”

Full story

Crown Prosecution Service, 14th January 2008

Source: www.cps.gov.uk

Administration and Enforcement Restriction Orders – Ministry of Justice

Posted January 16th, 2008 in consultations, debts, insolvency by sally

“This paper sets out for consultation the areas where secondary legislation will be used to establish the parameters required for the effective operation of both the revised Administration Order scheme and the Enforcement Restriction Order scheme.

Administration and Enforcement Restriction Orders consultation paper (PDF)

Annex A: new parts 6 and 6A of the County Courts Act 1984 (PDF)

Annex B: equality impact assessment (PDF)

Questionnaire (Word)

Ministry of Justice, 16th January 2008

Source: www.justice.gov.uk

C v D (London arbitration clause) – Times Law Reports

Posted January 16th, 2008 in arbitration, conflict of laws, contracts, law reports by sally

C v D (London arbitration clause)

Court of Appeal

“Although the governing law of a liability insurance contract was that of New York, where the contract contained a London arbitration clause, the parties were to be taken to have agreed that the arbitration award could be challenged only in English law proceedings because of the choice of London as the seat of the arbitration.”

The Times, 16th January 2008

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 (Maloba) v Waltham Forest London Borough Council – Times Law Reports

Posted January 16th, 2008 in homelessness, law reports by sally

Regina (Maloba) v Waltham Forest London Borough Council

Court of Appeal

“In concluding that an applicant who had become a British citizen in 1997 was not homeless because there was accommodation for him in Uganda, the housing authority had adopted too restrictive an approach.”

The Times, 16th January 2008

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.

In re P (Children: Split hearings) – Times Law Reports

Posted January 16th, 2008 in children, law reports, split hearings by sally

In re P (Children: Split hearings)

Court of Appeal

“Care was required when addressing, in a split hearing, the threshold criteria under section 31(2) of the Children Act 1989.”

The Times, 16th January 2008

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.

New compensation rules to benefit seriously injured personnel approved – Ministry of Defence

Posted January 16th, 2008 in armed forces, compensation, news by sally

“New rules to improve the level of compensation awarded to the most severely injured military personnel will come into effect on 8 February, the Ministry of Defence announced today (15 January 2008).”

Full story

Ministry of Defence press release, 15th January 2008

Source: www.gnn.gov.uk

Government may revive fatherless baby Bill – Daily Telegraph

Posted January 16th, 2008 in embryology, news by sally

“Plans that could allow lesbian couples to create a child with no biological father may be brought back by the Government, it emerged last night.”

Full story

Daily Telegraph, 16th January 2008

Source: www.telegraph.co.uk

Legal Opinion: Is it possible for lawyers to find out what the jury’s really thinking? – The Independent

Posted January 16th, 2008 in juries, special report by sally

“US trial consultants are helping UK lawyers second-guess the jury. But, asks Robert Verkaik, Law Editor, how much value can they add when jurors are protected by court rules?”

Full story

The Independent, 16th January 2008

Source: www.independent.co.uk

British software pirate faces up to 10 years in jail – OUT-LAW.com

Posted January 16th, 2008 in computer crime, computer programs, copyright, news by sally

“A British man who was selling £12,000 software for £12 on eBay faces up to 10 years in prison. He pleaded guilty to copyright infringement and will be sentenced in February.”

Full story

OUT-LAW.com, 15th January 2008

Source: www.out-law.com

Judge agrees to hold murder trial in secret – The Guardian

Posted January 16th, 2008 in murder, public interest immunity, reporting restrictions, witnesses by sally

“Much of a murder trial will be held in secret for reasons of ‘national security’, an Old Bailey judge ruled yesterday.”

Full story

The Guardian, 16th January 2008

Source: www.guardian.co.uk

Immigration chief defends deportation of cancer patient – The Guardian

Posted January 16th, 2008 in deportation, immigration, medical treatment, news by sally

“The head of Britain’s immigration agency last night defended the decision to deport a Ghanaian cancer patient from her Cardiff hospital bed by insisting that there were hundreds of such cases each year.”

Full story

The Guardian, 16th January 2008

Source: www.guardian.co.uk

Private schools told, you can’t be an exclusive club – and a charity – The Times

Posted January 16th, 2008 in charities, education, news by sally

“Independent schools should not operate as exclusive clubs for children of the well-off but must show that they exist for the wider public benefit if they are to retain charitable tax breaks worth about £100 million a year.”

Full story

The Times, 16th January 2008

Source: www.timesonline.co.uk

Bail case ‘matter for judiciary’ – BBC News

Posted January 16th, 2008 in bail, judges, murder, news by sally

“The Attorney General will not investigate a judge who freed a Met Police inspector who then apparently killed himself and his mother-in-law.”

Full story

BBC News, 15th January 2008

Source: www.bbc.co.uk

Miners hit by compensation failures – The Lawyer

Posted January 16th, 2008 in compensation, industrial injuries, legal services, miners, news by sally

“Sick miners and their families are losing out on compensation they are entitled to because of administrative failures, according to a critical report by Legal Services Complaints Commissioner Zahida Manzoor.”

Full story

The Lawyer, 15th January 2008

Source: www.thelawyer.com

Speeding driver plans legal move – BBC News

Posted January 16th, 2008 in news, road traffic offences, speed cameras by sally

“A motorist caught by a speed camera that turned out to be operating illegally plans to sue.”

Full story

BBC News, 15th January 2008

Source: www.bbc.co.uk

Women workers appeal over equal pay – The Times

Posted January 16th, 2008 in equal pay, news, women by sally

“A test case that could affect thousands of low-paid women workers struggling to get the same pay as male colleagues began in the Court of Appeal today.”

Full story

The Times, 15th January 2008

Source: www.timesonline.co.uk

Lollipop Santa gets the sack – The Guardian

Posted January 16th, 2008 in health & safety, news by sally

“A national clampdown on school crossing lollipop wardens using fancy dress claimed another victim yesterday when a veteran in Sheffield was suspended for wearing a Santa outfit. Ray Vallance, 54, has been told not to return to duty for the new term in Sheffield after failing to give a commitment not to carry out the seasonal prank again next Christmas.”

Full story

The Guardian, 16th January 2008

Source: www.guardian.co.uk

Lords reject call for ban on hybrid-embryo research – The Independent

Posted January 16th, 2008 in embryology, news by sally

“The House of Lords last night decisively rejected attempts to ban research on hybrid animal and human embryos as Christian activists mounted a protest outside Parliament.”

Full story

The Independent, 16th January 2008

Source: www.independent.co.uk

Trade mark fast-track launched, but value questioned – OUT-LAW.com

Posted January 16th, 2008 in news, trade marks by sally

“Trade mark applicants will soon be able to pay an extra £300 to be fast-tracked through the system, but one expert has said that the new plan will only shave a few weeks from a process that can take years.”

Full story

OUT-LAW.com, 15th January 2008

Source: www.out-law.com