European Commission proposes copyright extension Directive – OUT-LAW.com

Posted July 16th, 2008 in copyright, EC law, news by sally

“The European Commission has proposed a Directive that would give performers rights over recordings for 95 years after the recording. The change would give a player on a recording rights for the same length of time as the writer of the material.”

Full story

OUT-LAW.com, 16th July 2008

Source: www.out-law.com

Office of Fair Trading threatens banks over current account charges – The Times

Posted July 16th, 2008 in banking, competition, news by sally

“The Office of Fair Trading (OFT) today threatened to report banks to the Competition Commission after finding that the current account market did not offer good value for customers.”

Full story

The Times, 16th July 2008

Source: www.timesonline.co.uk

Desmond Browne QC takes Bar Council reins – The Lawyer

Posted July 16th, 2008 in barristers, news by sally

“The joint head of media set 5 Raymond Buildings, Desmond Browne QC, has been elected as the next chairman of the Bar Council, it was announced today (16 July)”

Full story

The Lawyer, 16th July 2008

Source: www.thelawyer.com

Lord Chief Justice defends judiciary against ‘ill-informed attacks’ – The Times

Posted July 16th, 2008 in bail, judiciary, news by sally

“Britain’s most senior judge last night hit back at ‘ill-informed attacks’ on judges, particularly over granting bail.”

Full story

The Times, 16th July 2008

Source: www.timesonline.co.uk

GP Iain Kerr ‘told patients he supported euthanasia’ – The Times

Posted July 16th, 2008 in doctors, euthanasia, news by sally

“A GP accused of supplying a suicidal pensioner with sleeping tablets to enable her to take her own life told patients that he was in favour of euthanasia, a General Medical Council (GMC) hearing was told yesterday.”

Full story

The Times, 16th July 2008

Source: www.timesonline.co.uk

Watchdog asked to investigate Pakistan torture allegation – The Guardian

Posted July 16th, 2008 in intelligence services, news, terrorism, torture by sally

“An official complaint alleging that British intelligence officers colluded in the torture of a British medical student who was detained in Pakistan after the July 2005 suicide attacks in London has been lodged with the tribunal that conducts investigations into MI5 and MI6.”

Full story

The Guardian, 16th July 2008

Source: www.guardian.co.uk

Life sentence: Review could set jails precedent – The Guardian

Posted July 16th, 2008 in miscarriage of justice, news, sentencing by sally

“The prison service is to review the jail status of a man serving life for a murder he claims he did not commit. The case could set a precedent for prisoners who claim to be victims of miscarriages of justice and thus have to serve longer sentences than if they admitted guilt.”

Full story

The Guardian, 16th July 2008

Source: www.guardian.co.uk

Bulale v Secretary of State for the Home Department – WLR Daily

Posted July 16th, 2008 in appeals, immigration, law reports by sally

Bulale v Secretary of State for the Home Department.[2008] EWCA Civ 808; [2008] WLR (D) 238

“The Court of Appeal had jurisdiction, in very particular circumstances, to pursue a point of general importance in an immigration case not raised below once it occurred to the court, in order to ensure the state’s compliance with its international obligations. Where the point involved whether a propensity to commit robberies constituted a serious threat to society, it was for each member state to decide what sufficed to make threatened future criminal conduct serious enough to justify expulsion of an EEA national who had a right to reside in the United Kingdom.”

WLR Daily, 15th July 2008

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 (Harris) v Secretary of State for the Home Department – WLR Daily

Posted July 16th, 2008 in compensation, law reports, miscarriage of justice by sally

R (Harris) v Secretary of State for the Home Department; [2008] WLR (D) 237

“A defendant whose conviction was quashed on appeal would only be entitled to statutory compensation where that defendant’s innocence had been acknowledged or where there had been serious failures of the trial process.”

WLR Daily, 15th July 2008

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.

BAILII: Recent Decisions

Posted July 16th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Cadman v R. [2008] EWCA Crim 1418 (03 July 2008)

Court of Appeal (Civil Division)

R (A Child) v Devon County Council & Ors [2008] EWCA Civ 817 (15 July 2008)

Westcott v Westcott [2008] EWCA Civ 818 (15 July 2008)

Uzinterimpex JSC v Standard Bank Plc [2008] EWCA Civ 819 (15 July 2008)

High Court (Queen’s Bench Division)

Kynixa Ltd v Hynes & Ors [2008] EWHC 1646 (QB) (15 July 2008)

High Court (Administrative Court)

Partridge Farms Ltd, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2008] EWHC 1645 (Admin) (14 July 2008)

Humphries & Ors v Secretary of State for Work and Pensions [2008] EWHC 1585 (Admin) (09 July 2008)

High Court (Commercial Court)

Congentra AG v Sixteen Thirteen Marine SA [2008] EWHC 1615 (Comm) (15 July 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 16th, 2008 in legislation by sally

The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008

The Community Emissions Trading Scheme (Allocation of Allowances for Payment) Regulations 2008

The Alternative Finance Arrangements (Community Investment Tax Relief) Order 2008

The Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (New Zealand) Order 2008

The International Tax Enforcement (Bermuda) Order 2008

The Welsh Ministers (Transfer of Functions) Order 2008

The Maximum Number of Judges Order 2008

The Port of Tyne Harbour Revision Order 2008

The UK Borders Act 2007 (Commencement No. 3 and Transitional Provisions) Order 2008

The General Dental Council (Continuing Professional Development) (Dentists) Rules Order of Council 2008

The General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules Order of Council 2008

The Immigration (Notices) (Amendment) (No.2) Regulations 2008

Source: www.opsi.gov.uk

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn – Times Law Reports

Posted July 16th, 2008 in EC law, law reports, race discrimination by sally

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn

Court of Justice of the European Communities

“Public statements by an employer that it would not recruit employees of a certain racial or ethnic origin constituted direct discrimination in respect of recruitment, within the Community race discrimination directive, even though there was no identifiable complainant contending that he had been the victim of discrimination.”

The Times, 16th July 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 Rottmann (a Bankrupt) – Times Law Reports

Posted July 16th, 2008 in bankruptcy, law reports, self-incrimination by sally

In re Rottmann (a Bankrupt)

Chancery Division

“The court had power to adjourn the hearing of the public examination of a bankrupt and order the examination to be conducted in private where foreign criminal proceedings had been instituted against him.”

The Times, 16th July 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 Powers To Stop Sex Offenders – Home Office

Posted July 16th, 2008 in press releases, sexual offences by sally

“People who commit sex offences against children abroad will face prosecution in the UK, even if that offence is not illegal in the foreign country it was committed, Home Office Minister Vernon Coaker announced today”

Full story

Home Office press release, 14th July 2008

Source: www.homeoffice.gov.uk

Evening Standard libel case bankrupts opera composer Keith Burstein – The Guardian

Posted July 16th, 2008 in bankruptcy, defamation, news by sally

“The composer of an opera who unsuccessfully sued the London Evening Standard for libel was declared bankrupt yesterday after failing to pay £67,000 in legal fees to the newspaper.”

Full story

The Guardian, 15th July 2008

Source: www.guardian.co.uk

Podcast 69: Andrew Goodman, barrister, on mediation advocacy and the SCMA – Charon QC

Posted July 16th, 2008 in dispute resolution, podcasts by sally

“Today I am talking to barrister, Andrew Goodman. Andrew, of 1 Chancery Lane, is the Convener of the Standing Conference of Mediation Advocates (SCMA)

We look at mediation advocacy and the work of the Standing Conference of Mediation Advocates:
How does the role of the advocate fit in the current mediation market? – Is representation in mediation really necessary – doesn ‘t it undermine the idea of party autonomy? – Can mediation representation properly be called ‘advocacy’? – What is the SCMA and how did it come into being? – What is your role / How many members does it have/ What activities does it conduct/ who is involved with it?”

Podcast

Charon QC, 10th July 2008

Source: www.charonqc.wordpress.com

Related link: Standing Committee of Mediation Advocates

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Lord Bingham speaks out – BBC Law in Action

Posted July 16th, 2008 in criminal justice, human rights, judiciary, special report by sally

“In a rare interview, Lord Bingham gives forthright opinions on human rights legislation, tackling crime, the role and power of judges and access to justice.”

Full story

BBC Law in Action, 15th July 2008

Source: www.bbc.co.uk

Reprieve for ‘model’ student who was sent back to Nigeria – The Independent

Posted July 16th, 2008 in deportation, immigration, news by sally

“An immigrant who was deported to Nigeria despite being honoured by the Church of England for his contribution to British society has been given the right to return to the UK.”

Full story

The Independent, 16th July 2008

Source: www.independent.co.uk

Wholly or mainly elected House of Lords will be Labour manifesto commitment – The Guardian

Posted July 16th, 2008 in news, parliament by sally

“Plans for a wholly or mainly elected House of Lords have been shelved until after the next general election, Jack Straw announced today.”

Full story

The Guardian, 14th July 2008

Source: www.guardian.co.uk

The Big Question: Are equality laws backfiring, with employers reluctant to hire women? – The Independent

Posted July 16th, 2008 in equality, flexible working, maternity leave, news, women by sally

“The head of the Equalities and Human Rights Commission, Nicola Brewer, has just announced that recent and future improvements to maternity pay may, ironically, be backfiring on women by making employers wary of hiring and promoting them. The industrial neanderthal Sir Alan Sugar has added fuel to the fire by claiming recently that many employers bin the CVs of women of childbearing age without even considering their job applications.”

Full story

The Independent, 15th July 2008

Source: www.independent.co.uk