Daily Cause List, 6th January 2009

Posted January 6th, 2009 in news by sally

Tuesday 6th January 2009

Source: www.hmcourts-service.gov.uk

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

Ansari v Ansari (Bank of Scotland plc intervening) – WLR Daily

Ansari v Ansari (Bank of Scotland plc intervening) [2008] EWCA Civ 1456; [2008] WLR (D) 413

“Where a disposition of property made with the intention of reducing financial relief had been followed by further transactions made for valuable consideration and in good faith, the discretion conferred by s 37(3) of the Matrimonial Causes Act 1973 would not be used to set aside, as a consequence of setting aside the original reviewable disposition under the Act, a charge, not in itself a reviewable disposition which had been granted by the purchaser on the security of the property.”

WLR Daily, 5th January 2009

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.

Barclay v British Airways plc – WLR Daily

Posted January 6th, 2009 in accidents, aircraft, carriage by air, law reports, personal injuries by sally

Barclay v British Airways plc [2008] EWCA Civ 1419; [2008] WLR (D) 412

“Where a passenger slipped on a standard fitting plastic strip embedded in the floor of an aircraft in its normal state and sustained bodily injury, there was no ‘accident’ within the meaning of art 17.1 of the Montreal Convention 1999 since there was no distinct event which was not part of the usual, normal and expected operation of the aircraft and which had happened independently of anything done or omitted by the passenger.”

WLR Daily, 5th January 2009

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.

Hard times spark falling-out of partners in leading law firms – The Times

Posted January 6th, 2009 in law firms, news, partnerships by sally

“Once regarded as secure for life, partners in Britain’s leading law firms are now being presented with a stark choice: prove your worth or leave. Almost 2,000 of them could go.”

Full story

The Times, 6th January 2009

Source: www.timesonline.co.uk

Photographers criminalised as police ‘abuse’ anti-terror laws – The Independent

Posted January 6th, 2009 in news, police, stop and search, terrorism by sally

“Fury as stop-and-search powers are used to block and confiscate legal pictures.”

Full story

The Independent, 6th January 2009

Source: www.independent.co.uk

Crime maps delivered on internet – BBC News

Posted January 6th, 2009 in crime, internet, news, statistics by sally

“Residents of England and Wales can now access online maps which plot recorded crime in their neighbourhood.”

Full story

BBC News, 6th January 2009

Source: www.bbc.co.uk

Recovering drug addict walks free from court after 145 crimes – Daily Telegraph

Posted January 6th, 2009 in drug abuse, news, rehabilitation by sally

“A recovering drug addict who owned up to 145 crimes has walked free from court after a judge ruled his ‘substantial progress’ earned him the right to rehabilitate in freedom.”

Full story

Daily Telegraph, 5th January 2009

Source: www.telegraph.co.uk

EAT rules law firms can force partners to retire – The Times

Posted January 6th, 2009 in law firms, news, retirement by sally

“Law firms will be able to enforce a mandatory retirement age for partners following a landmark ruling that clarifies how age discrimination laws apply to partnerships.”

Full story

The Times, 5th January 2009

Source: www.timesonline.co.uk

Police ‘encouraged’ to hack more – BBC News

Posted January 6th, 2009 in computer crime, investigatory powers, news, police by sally

“The Home Office has signed up to an EU strategy against cybercrime that ‘encourages’ police across Europe to remotely access personal computers.”

Full story

BBC News, 5th January 2009

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted January 5th, 2009 in legislation by sally

The Mutilations (Permitted Procedures) (Wales) (Amendment) Regulations 2008

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) (No. 2) Regulations 2008

The Criminal Procedure (Amendment No. 2) Rules 2008

The Local Authorities (England) (Charges for Property Searches) Regulations 2008

The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008

The A38 Trunk Road (Weeford, Staffordshire to Minworth, Birmingham) (Detrunking) Order 2008

The A38 Trunk Road (Langley Mill, Warwickshire/Birmingham) (Detrunking) Order 2008

The Education (Independent School Standards) (England) (Amendment) Regulations 2008

The General Teaching Council for England (Disciplinary Functions) (Amendment) Regulations 2008

The Employment and Support Allowance (Up-rating Modification) (Transitional) Regulations 2008

The Armed Forces (Alignment of Service Discipline Acts) (No. 2) Order 2008

The Severn Bridges Tolls Order 2008

Counter-Terrorism Act 2008 (Commencement No. 1) Order 2008

The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008

The Collaboration Arrangements (Maintained Schools and Further Education Bodies) (Wales) Regulations 2008

The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008

The Assembly Learning Grants (European Institutions) (Wales) (Amendment) (No. 2) Regulations 2008

The Shrimp Fishing Nets (Wales) (Amendment) Order 2008

Source: www.opsi.gov.uk

Daily Cause List, 5th January 2009

Posted January 5th, 2009 in news by sally

Monday 5th January 2009

Source: www.hmcourts-service.gov.uk

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

Consultation paper on principles of sentencing for youths – Sentencing Guidelines

Posted January 5th, 2009 in news, sentencing, young offenders by sally

“On Thursday 18 December the Sentencing Advisory Panel issued a consultation paper on the principles that should guide courts when sentencing those under the age of 18 convicted of a criminal offence. This consultation paper follows the recent Panel consultation Overarching Principles of Sentencing, which similarly considered a wide range of issues of general principle relating to the sentencing of adult offenders.”

Consultation paper on principles of sentencing for youths (PDF)

Sentencing Guidelines Council, 19th December 2008

Source: www.sentencing-guidelines.gov.uk

Recent Statutory Instruments – OPSI

Posted January 5th, 2009 in legislation by sally

The Rates of Child Benefit (Commencement) Order 2008

The Criminal Justice and Immigration Act 2008 (Commencement No. 5) Order 2008

The Companies (Model Articles) Regulations 2008

The Export Control Order 2008

The General Dental Council (Constitution) (Amendment) Order of Council 2008

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008

The Fines Collection (Disclosure of Information) (Prescribed Benefits) Regulations 2008

The Financial Assistance for Environmental Purposes (England and Wales) Order 2008

The Local Government Pension Scheme (Administration) (Amendment) Regulations 2008

The Beef and Veal Labelling Regulations 2008

The Health Service Branded Medicines (Control of Prices and Supply of Information) (No. 2) Regulations 2008

The Non-Domestic Rating (Demand Notices) (Wales) (Amendment No 2) Regulations 2008

Source: www.opsi.gov.uk

Consolidated Fund Act 2008

Posted January 5th, 2009 in appropriation, legislation by sally

Consolidated Fund Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

English v Thomas Sanderson Ltd – Times Law Reports

Posted January 5th, 2009 in harassment, homosexuality, law reports by sally

English v Thomas Sanderson Ltd

Court of Appeal

“Harassment at work on the ground of sexual orientation could occur irrespective of the victim’s actual sexual orientation or the tormentors’ perception of his orientation.”

The Times, 5th January 2009

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.

Wandsworth London Borough Council v Webb – Times Law Reports

Posted January 5th, 2009 in ASBOs, law reports, repossession by sally

Wandsworth London Borough Council v Webb

Court of Appeal

“It was not reasonable to make a possession order against a secure tenant on the ground that her son, who no longer lived with her, had been prosecuted and acquitted on three occasions of breaching an antisocal behaviour order. ”

The Times, 5th January 2009

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.

Divorce rate to hit new peak – The Independent

Posted January 5th, 2009 in divorce, news by sally

“Record numbers of couples are expected to end their relationships this month as lawyers report a boom in divorces. The stresses of Christmas and financial pressures brought on by the recession could lead to two million couples seeking legal advice this year, according to law firms.”

Full story

The Independent, 2nd January 2009

Source: www.independent.co.uk

Government clashes again with its own drug advisers about downgrading ecstasy – The Guardian

Posted January 5th, 2009 in drug offences, news by sally

“The government’s drug advisers are to recommend ecstasy be downgraded to a class B drug, in a report due to go before ministers at the end of the month.”

Full story

The Guardian, 5th January 2009

Source: www.guardian.co.uk

Courts martial reforms outlined

Posted January 5th, 2009 in courts martial, news by sally

“Prosecutors and military police are to forge closer links as part of a reformed courts martial system.”

Full story

BBC News, 2nd January 2009

Source: www.bbc.co.uk

Call to stop ex-ministers cashing in on contacts – The Independent

Posted January 5th, 2009 in news, parliament, remuneration by sally

“Former ministers can exploit loose and ambiguous guidelines on lobbying to cash in ‘with impunity’ on their inside knowledge of Westminster, a Commons committee warns.”

Full story

The Independent, 5th January 2009

Source: www.independent.co.uk