House of Lords Judgments: What’s new?

Posted May 27th, 2008 in law reports by sally

R V Asfaw (On Appeal From The Court of Appeal (Criminal Division)) [2008] UKHL 31 (21 May 2008)

Bowden (Ap) V Poor Sisters of Nazareth and Others (Scotland) Whitton (Ap) V Poor Sisters of Naza [2008] UKHL 32 (21 May 2008)

Source: www.parliament.uk

Satyam Computer Services Ltd v Upaid Systems Ltd – Times Law Reports

Posted May 27th, 2008 in agreements, intellectual property, interpretation, law reports by sally

Satyam Computer Services Ltd v Upaid Systems Ltd

Court of Appeal

“It would only be through the use of the clearest possible specific language that parties to a settlement would be taken to have excluded fraud-based claims.”

The Times, 27th May 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.

Ramblers’ Association v Coventry City Council – Times Law Reports

Posted May 27th, 2008 in footpaths, law reports by sally

Ramblers’ Association v Coventry City Council

Queen’s Bench Division

“A council could order the closure of a footpath under section 129A to G of the Highways Act 1980, as inserted by section 2 of the Clean Neighbourhoods and Environment Act 2005, only if satisfied that the footpath had facilitated prolonged criminal or antisocial behaviour at the date of the order.”

The Times, 27th May 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.

SK (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Posted May 27th, 2008 in immigration, judgments, law reports, oral hearings, tribunals by sally

SK (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. If an oral pronouncement was inconsistent with a subsequent written determination, there should be another hearing.”

The Times, 27th May 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 v Asfaw – Times Law Reports

Posted May 27th, 2008 in asylum, law reports by sally

Regina v Asfaw

House of Lords

“The humanitarian aims of the UN Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) were to be achieved by construing its words purposively.”

The Times, 26th May 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.

‘Draconian’ Home Office fast-tracks Algerian’s deportation – The Independent

Posted May 27th, 2008 in deportation, news, terrorism by sally

“The Home Office was accused last night of rushing to deport a university administrator to conceal official blunders after he was arrested on terrorism charges only to be released without charge. A Labour MP criticised the decision, claiming there was no reason for it ‘other than to cover the embarrassment of the police and intelligence services’.”

Full story

The Independent, 25th May 2008

Source: www.independent.co.uk

Prisons unable to cope with rising levels of mentally ill inmates – The Independent

Posted May 27th, 2008 in mental health, news, prisons by sally

“Prison mental health services are struggling to cope as overstretched staff try to deal with rising levels of mental illness among prisoners, a major report will warn next week. Thousands of seriously mentally ill prisoners are being released untreated back into the community, it says.”

Full story

The Independent, 25th May 2008

Source: www.independent.co.uk

Banker rapist quoted Othello – Daily Telegraph

Posted May 27th, 2008 in news, rape, sentencing by sally

“An Oxford-educated investment banker who quoted Shakespeare as he sexually assaulted a woman has been jailed indefinitely.”

Full story

Daily Telegraph, 24th May 2008

Source: www.telegraph.co.uk

Artists seek royalties for 70 years from grave – The Times

Posted May 27th, 2008 in artistic works, copyright, news by sally

“Britain’s artistic community is battling against leading auction houses and dealers to bring in a law forcing the payment of a royalty on artists’ works for 70 years after their deaths — in line with writers and musicians.”

Full story

The Times, 27th May 2008

Source: www.timesonline.co.uk

Solicitor accuses regulator of racial bias in £10m claim – The Guardian

Posted May 27th, 2008 in news, race discrimination, religious discrimination, solicitors by sally

“An Iranian-born solicitor has launched an unprecedented £10m claim against the Law Society and the solicitors’ regulatory body for racial and religious discrimination, harassment and victimisation.”

Full story

The Guardian, 26th May 2008

Source: www.guardian.co.uk

Knife crime powers ‘may antagonise youth’ – Daily Telegraph

Posted May 27th, 2008 in children, news, offensive weapons, police by sally

“New police powers to combat knife crime could cause increased antagonism amongst young people, the Children’s Commissioner for England has warned.”

Full story

Daily Telegraph, 24th May 2008

Source: www.telegraph.co.uk

Fine threatened over posters of missing moggy – The Guardian

Posted May 27th, 2008 in advertising, news, planning by sally

“A woman was threatened with a fine by her local council for putting posters on lampposts to find the owners of a lost cat. Public-spirited Joy Tracey wanted to reunite Copper the ginger tom with his owners after he was found whimpering in a garden.”

Full story

The Guardian, 24th May 2008

Source: www.guardian.co.uk

Law shake-up in crackdown on rogue traders – The Times

Posted May 27th, 2008 in consumer protection, news by sally

“A new legal weapon came into force over the weekend in a government crackdown on unscrupulous companies that mislead customers or use aggressive sales tactics.”

Full story

The Times, 27th May 2008

Source: www.timesonline.co.uk

Sex change Paratrooper wins £250,000 for ‘hurt feelings’ – Daily Telegraph

Posted May 27th, 2008 in armed forces, news, sex discrimination by sally

“A former paratrooper who had a sex change operation has won a payout of £250,000 for hurt feelings after she was ordered to wear a man’s uniform to a medical examination.”

Full story

Daily Telegraph, 25th May 2008

Source: www.telegraph.co.uk

Danger of high legal bills must be reduced, warns judge – The Guardian

Posted May 27th, 2008 in costs, environmental protection, judicial review, news by sally

“A senior High Court judge has called for an overhaul of the court costs system in environmental cases because ordinary people were being denied their right to challenge decisions affecting their lives.”

Full story

The Guardian, 25th May 2008

Source: www.guardian.co.uk

Social services called to account as girl, 7, starves to death – The Independent

Posted May 27th, 2008 in child neglect, news, social services by sally

“Eight years after Victoria Climbié died, the lessons of that terrible case seem not to have been learned.”

Full story

The Independent, 25th May 2008

Source: www.independent.co.uk

Muslim gangs ‘are taking control of prison’ – The Guardian

Posted May 27th, 2008 in Islam, news, prisons by sally

“Prison officers at one of Britain’s maximum security jails are losing control to Muslim gangs, according to a confidential report obtained by The Observer. An internal review of Whitemoor in Cambridgeshire warns that staff believe a ‘serious incident is imminent’ as several wings become dominated by Muslim prisoners.”

Full story

The Guardian, 25th May 2008

Source: www.guardian.co.uk

The last gasp: Health Secretary signals new smoking curbs – The Independent

Posted May 27th, 2008 in news, smoking by sally

“Cigarettes will be banned from public display in shops and vending machines are to be scrapped under dramatic new plans designed to curb smoking among young people.”

Full story

The Independent, 26th May 2008

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted May 23rd, 2008 in legislation by sally

The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 2) Order 2008

The Northern Ireland (Miscellaneous Provisions) Act 2006 (Commencement No.4) Order 2008

The Income Tax (Construction Industry Scheme) (Amendment No. 2) Regulations 2008

The Criminal Justice (Northern Ireland Consequential Amendments) Order 2008

Source: www.opsi.gov.uk

Recent Statutory Instruments – OPSI

Posted May 23rd, 2008 in legislation by sally

The Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008

The Drinking Milk (England) Regulations 2008

The Electoral Administration Act 2006 (Commencement No.7) Order 2008

The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008

The Recreation Grounds (Revocation of Parish Council Byelaws) Order 2008

The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008

Source: www.opsi.gov.uk