Recent Statutory Instruments – OPSI

Posted July 17th, 2008 in legislation by sally

The Serious Crime Act 2007 (Appeals under Section 24) Order 2008

The Companies (Forms) (Amendment) Regulations 2008

The Companies (Welsh Language Forms) (Amendment) Regulations 2008

The East Kent Hospitals National Health Service Trust (Change of Name) (Establishment) Amendment Order 2008

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted July 17th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

B, R. v [2008] EWCA Crim 1524 (17 July 2008)

Panesar, R. v [2008] EWCA Crim 1526 (17 July 2008)

Lunkov, R. v [2008] EWCA Crim 1525 (17 July 2008)
Court of Appeal (Civil Division)

Manton Securities Ltd v Nazam (t/a New Dadyal Cash and Carry) [2008] EWCA Civ 805 (17 July 2008)

GM (Eritrea) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 833 (17 July 2008)

MJ (Mother) and LB (Father) v Local Authority & Ors [2008] EWCA Civ 835 (17 July 2008)

High Court (Chancery Division)

Revenue and Customs v Khawaja [2008] EWHC 1687 (Ch) (17 July 2008)

High Court (Administrative Court)

Finn-Kelcey v Milton Keynes Council [2008] EWHC 1650 (Admin) (17 July 2008)

High Court (Commercial Court)

Equitas Ltd v Allstate Insurance Company [2008] EWHC 1671 (Comm) (17 July 2008)

High Court (Technology and Construction Court)

Galliford Try Infrastructure Ltd & Anor v Mott MacDonald Ltd [2008] EWHC 1570 (TCC) (17 July 2008)

Source: www.bailii.org

Homeowner faces compensation claim over ‘slippery’ step – Daily Telegraph

Posted July 17th, 2008 in news, personal injuries by sally

“A homeowner has been hit by a claim for compensation after a postwoman said she slipped and fell on a step outside his house.”

Full story

Daily Telegraph, 17th July 2008

Source: www.telegraph.co.uk

Court ‘vindicates’ McCann suspect – BBC News

Posted July 17th, 2008 in defamation, news by sally

“Madeleine McCann suspect Robert Murat says he feels ‘vindicated’ after reaching a £600,000 settlement from 11 British newspapers in a libel claim.”

Full story

BBC News, 17th July 2008

Source: www.bbc.co.uk

Carers win right to flexible working after Sharon Coleman wins discrimination case – The Times

Posted July 17th, 2008 in disability discrimination, news by sally

“Britain’s six million carers won a landmark victory today when the European Court of Justice upheld the right of a woman who was denied time off work to look after her disabled son.”

Full story

The Times, 17th July 2008

Source: www.timesonline.co.uk

Britain ratifies Lisbon treaty – The Guardian

Posted July 17th, 2008 in constitutional law, EC law, news, treaties by sally

“Britain has officially ratified the controversial Lisbon treaty, it was announced today.”

Full story

The Guardian, 17th July 2008

Source: www.guardian.co.uk

Govt names first Legal Services Board members – Legal Week

Posted July 17th, 2008 in Legal Services Board, news by sally

“The Government has appointed the first-ever members of the Legal Services Board (LSB), with Financial Services Authority general counsel Andrew Whittaker and Irwin Mitchell senior partner Michael Napier QC among those to get the nod.”

Full story

Legal Week, 17th July 2008

Source: www.legalweek.com

Problems with email delivery of Current Awareness

Posted July 17th, 2008 in news by sally

Those who have signed up for email delivery of Current Awareness will have noticed that the posts in Tuesday’s email were blank. This was a technical issue with the service which manages the email subscriptions and was outside our control. If you ever have problems with email delivery (and we are fairly confident that this will happen very rarely), you can always check the latest posts by visiting the web site at http://innertemplelibrary.wordpress.com

Daily Cause List, 18th July 2008

Posted July 17th, 2008 in news by sally

Friday 18th July 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible.

BAILII: Recent Decisions

Posted July 17th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Allen & Ors v GMB [2008] EWCA Civ 810 (16 July 2008)

Strachey v Ramage [2008] EWCA Civ 804 (16 July 2008)

Warren v The Random House Group Ltd. [2008] EWCA Civ 834 (16 July 2008)

Allen, R (on the application of) v Secretary of State for Justice [2008] EWCA Civ 808 (15 July 2008)

High Court (Queen’s Bench Division)

Johnson v Luxcool Ltd & Ors [2008] EWHC 1591 (QB) (15 July 2008)

High Court (Chancery Division)

Lexi Holdings v Luqman & Anor [2008] EWHC 1639 (Ch) (16 July 2008)

IB4AI Llc v Auriel Capital [2008] EWHC 1571 (Ch) (23 June 2008)

High Court (Administrative Court)

E v The Governing Body of JFS & Anor [2008] EWHC 1665 (Admin) (16 July 2008)

Murphy v Media Protection Services Ltd [2008] EWHC 1666 (Admin) (16 July 2008)

Nobbs v Director of Public Prosecutions [2008] EWHC 1653 (Admin) (27 June 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 17th, 2008 in legislation by sally

The Council Tax Limitation (Maximum Amounts) (England) Order 2008

The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008

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

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

The Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2008

The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008

The Ministerial and other Salaries Order 2008

The Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2008

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008

The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008

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

The Films Co-Production Agreements (Amendment) Order 2008

The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2008

The Merchant Shipping (Liner Conferences) (Gibraltar) (Repeal) Order 2008

The Air Navigation (Amendment) Order 2008

The European Communities (Designation) (No. 2) Order 2008

The Veterinary Surgeons’ Qualifications (European Recognition) Regulations 2008

The Army Terms of Service (Amendment etc.) Regulations 2008

The Childcare Act 2006 (Provision of Information) (Wales) (Amendment) Regulations 2008

The North East Wales National Health Service Trust (Dissolution) Order 2008

The Conwy and Denbighshire National Health Service Trust (Dissolution) Order 2008

The North East Wales National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008

The Education Act 2002 (Commencement No. 12) (Wales) Order 2008

The Education (National Curriculum) (Foundation Stage) (Wales) Order 2008

The Education (Disapplication of the National Curriculum for Wales at Key Stage 1) (Wales) Regulations 2008

The Education (School Day and School Year) (Wales) (Amendment) Regulations 2008

The Pigs (Records, Identification and Movement) (Wales) Order 2008

Source: www.opsi.gov.uk

Lord Mayor’s Dinner For The Judges – Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales

Posted July 17th, 2008 in judiciary, speeches by sally

Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales (PDF)

Lord Mayor’s Dinner For The Judges, 15th July 2008

Source: www.judiciary.gov.uk

Practice Direction (Administrative Court: Uncontested proceedings) – Times Law Reports

Posted July 17th, 2008 in Administrative Court, law reports, practice directions by sally

Practice Direction (Administrative Court: Uncontested proceedings)

Queen’s Bench Division

“Uncontested applications in the Administrative Court would be dealt with under a procedure which replaced that set out in Practice Direction (Crown Office List: Consent orders) ( The Times May 14, 1997; [1997] 1 WLR 825), Mr Justice Collins stated in the Queen’s Bench Division on June 3, 2008.”

The Times, 17th 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.

Regina v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa – Times Law Reports

Regina v Mabengo; Regina v Lomoka; Regina v Salang; Regina v Birindwa

Court of Appeal (Criminal Division)

“A 12-month prison sentence for using a false passport was appropriate even though it had not been used to gain entry to the United Kingdom but in order to obtain work.”

The Times, 17th 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.

Westcott v Westcott – WLR Daily

Posted July 17th, 2008 in complaints, defamation, law reports, police, privilege by sally

Westcott v Westcott [2008] EWCA Civ 818; [2008] WLR (D) 241

A person who made a complaint to the police, thereby instigating a police investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if defamation proceedings were subsequently brought.”

WLR Daily, 16th 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.

Uzinterimpex JSC v Standard Bank plc – WLR Daily

Posted July 17th, 2008 in conversion, damages, law reports by sally

Uzinterimpex JSC v Standard Bank plc [2008] EWCA Civ 819; [2008] WLR (D) 240

“The general principle that damages in tort were to provide just compensation for the loss suffered in the particular circumstances of the case applied to the tort of conversion, giving rise to a duty to mitigate loss flowing from the wrongful act.”

WLR Daily, 16th 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.

Roberts v Gill & Co and another – WLR Daily

Posted July 17th, 2008 in derivative claims, joinder, law reports by sally

Roberts v Gill & Co and another [2008] EWCA Civ 803; [2008] WLR (D) 239

Where a beneficiary of an estate brought a derivative claim, the personal representative had to be joined as a party, since the situation was indistinguishable from that of a derivative action brought by a member of a company or corporate body, in which the company had to be joined as a defendant under CPR r 19.3.”

WLR Daily, 16th 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.

The Form of Judgments in Common Law Jurisdictions: A Comparison – Speech by The Rt Hon Lady Justice Arden DBE

Posted July 17th, 2008 in judgments, speeches by sally

The Form of Judgments in Common Law Jurisdictions: A Comparison (PDF)

Speech by The Rt Hon Lady Justice Arden DBE

Conference in honour of Lord Bingham, 20th June 2008

Source: www.judiciary.gov.uk

CPS publishes policy on prosecuting crimes against older people – Crown Prosecution Service

Posted July 17th, 2008 in Crown Prosecution Service, elderly, news by sally

“The Director of Public Prosecutions, Sir Ken Macdonald, QC, said the Crown Prosecution Service was making clear to the public that it takes crime against older people seriously as a policy published today sets out how it handles these cases.”

Full story

Crown Prosecution Service, 15th July 2008

Source: www.cps.gov.uk

Juvenile informers are the answer to knife crime wave – The Times

Posted July 17th, 2008 in investigatory powers, news, offensive weapons, young offenders by sally

“There is something very flawed about the Government’s response to knife crime. To be fair, none of the political parties has come up with an effective way of tackling the problem.”

Full story

The Times, 17th July 2008

Source: www.timesonline.co.uk