Jack Straw issues ‘veto’ certificate under the Freedom of Information Act – Ministry of Justice

Posted February 24th, 2009 in freedom of information, Iraq, news, public interest, veto, war by sally

“Justice Secretary Jack Straw has issued a ‘veto’ certificate under section 53 of the Freedom of Information Act (2000), overruling the Information Tribunal’s decision of 27 January upholding the Information Commissioner’s decision of 19 February 2008.”

Full story

Ministry of Justice, 23rd February 2009

Source: www.justice.gov.uk

BAILII: Recent Decisions

Posted February 24th, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Heronslea (Mill Hill) Ltd. v Kwik-Fit Properties Ltd. [2009] EWHC 295 (QB) (20 February 2009)

High Court (Technology and Construction Court)

Richard J Thompson Trading As R J Thompson International v James K Charlesworth [2009] EWHC B3 (TCC) (17 February 2009)

Source: www.bailii.org

Protectacoat Firthglow Ltd v Szilagyi – WLR Daily

Posted February 24th, 2009 in contract of employment, jurisdiction, law reports, tribunals, unfair dismissal by sally

Protectacoat Firthglow Ltd v Szilagyi [2009] EWCA Civ 98; [2009] WLR (D) 67

“In determining whether a person who had carried out work for a company was its employee within the meaning of s 230 of the Employment Rights Act 1996, if the document purporting to retain the services of a person did not represent the true relationship of the parties the employment tribunal was entitled to hold that the document had been designed to deceive others and sham so as to assume jurisdiction to determine a claim for unfair dismissal.”

WLR Daily, 23rd February 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.

Isle of Anglesey County Council and another v Welsh Ministries and others – WLR Daily

Posted February 24th, 2009 in Crown, fisheries, law reports, ultra vires by sally

Isle of Anglesey County Council and another v Welsh Ministries and others [2009] EWCA Civ 94; [2009] WLR (D) 66

“In determining the effect of an Act of 1868 considerations of common sense and the principle of legal certainty made it permissible to take account of the subsequent history.”

WLR Daily, 23rd February 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.

Regina (Purdy) v Director of Public Prosecutions – Times Law Reports

Posted February 24th, 2009 in aiding and abetting, assisted suicide, law reports, prosecutions, suicide by sally

Regina (Purdy) v Director of Public Prosecutions

Court of Appeal

“The refusal by the Director of Public Prosecutions to publish detailed guidance as to the circumstances in which individuals would or would not be prosecuted for assisting another person to commit suicide was lawful.”

The Times, 24th February 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.

Treating offenders with mental health issues ‘would save £700m’ – The Guardian

Posted February 24th, 2009 in mental health, news, prisons by sally

“The government could shave £700m annually from criminal justice costs if it overhauled the process for diverting offenders with mental health problems from jail to the mental health system, according to new research.”

Full story

The Guardian, 23rd February 2009

Source: www.guardian.co.uk

Straw forced into retreat over ‘Big Brother’ data sharing plan – The Independent

Posted February 24th, 2009 in data protection, news by sally

“The Justice Secretary, Jack Straw, will make a U-turn over sweeping new powers which were to allow public bodies to swap the data they hold on individuals.”

Full story

The Independent, 24th February 2009

Source: www.independent.co.uk

Release Binyam torture data – MP – BBC News

Posted February 24th, 2009 in disclosure, news, terrorism, torture by sally

“The US government should urgently release details about the treatment of a British resident who alleges he was tortured, a senior Labour MP has said.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk

Lawyers back call for single City fraud watchdog – The Times

Posted February 24th, 2009 in financial regulation, fraud, news by sally

“Senior lawyers have backed a call by Sir Ken Macdonald, the former Director of Public Prosecutions, who wrote in The Times yesterday calling for a single regulator to fight City fraudsters in order to restore confidence in banks and the financial sector.”

Full story

The Times, 24th February 2009

Source: www.timesonline.co.uk

ID card reviews must be published, rules Information Tribunal again – OUT-LAW.com

Posted February 24th, 2009 in identity cards, news by sally

“The Government will have to publish controversial reports on its identity card scheme after the Information Tribunal backed the Information Commissioner’s order to publish at the end of a protracted legal wrangle.”

Full story

OUT-LAW.com, 23rd February 2009

Source: www.out-law.com

‘Tortured’ asylum seeker’s plight – BBC News

Posted February 24th, 2009 in asylum, news by sally

“An asylum seeker who says she was tortured in her homeland claims she was forced by poverty into prostitution after her bid to stay in the UK failed.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted February 23rd, 2009 in legislation by sally

The Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments -Amendment) Regulations 2009

The Pension Protection Fund (Pension Compensation Cap) Order 2009

The Occupational Pension Schemes (Contracting-out) (Amendment) Regulations 2009

The Gangmasters (Licensing Conditions) Rules 2009

The Personal Injuries (NHS Charges) Amendment Regulations 2009

The Street Works (Inspection Fees) (Wales) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

New study calls for overhaul of legal regulation – Legal Week

Posted February 23rd, 2009 in financial regulation, fraud, news by sally

“The regulation of corporate law in England and Wales needs an overhaul in order to restore public confidence in the sector, according to a College of Law study published today.”

Full story

Legal Week, 23rd February 2009

Source: www.legalweek.com

Guantanamo detainee back in UK – The Independent

Posted February 23rd, 2009 in detention, news, terrorism, torture by sally

“A British resident held at Guantanamo Bay for more than four years arrived back in the UK today. ”

Full story

The Independent, 23rd February 2009

Source: www.independent.co.uk

Related link: Binyam Mohamed’s full statement

Lord Mandelson plan to tear up new laws splits party – The Times

Posted February 23rd, 2009 in employment, equality, news by sally

“Plans to axe new laws that would increase costs for businesses, including enhanced maternity leave and tougher equality legislation, are threatening to blow open a Cabinet rift over how Labour should respond to the economic downturn, The Times has learnt.”

Full story

The Times, 23rd February 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 23rd, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Kinch v Rosling & Ors [2009] EWHC 286 (QB) (20 February 2009)

High Court (Commercial Court)

JP Morgan Chase Bank & Ors v Springwell Navigation Corp [2009] EWHC 282 (Comm) (20 February 2009)

Source: www.bailii.org

Supreme Court overleaps Lords with avowals of better value, transparency

Posted February 23rd, 2009 in news, Supreme Court by sally

“From October this year the Supreme Court will replace the House of Lords as the highest court in ­England and Wales.”

Full story

The Lawyer, 23rd February 2009

Source: www.thelawyer.com

Civil Procedure Rules: Cost Capping Orders Response Paper – Ministry of Justice

Posted February 23rd, 2009 in civil procedure rules, costs, costs capping orders, news by sally

“A consultation being conducted on behalf of the Civil Procedure Rule Committee on proposals to amend part 44 of the Civil Procedure Rules by inserting rules on costs capping orders. The consultation also proposes amendments to the Costs Practice Direction to provide guidance on costs capping. The proposals are drawn from current case law and so do not propose new policy.”

Full story

Ministry of Justice, 23rd February 2009

Source: www.justice.gov.uk

Mitchell v Glasgow City Council – WLR Daily

Posted February 23rd, 2009 in assault, duty of care, law reports, local government, negligence by sally

Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65

Where a local housing authority summoned one of its tenants, who had been abusing and threatening one of his neighbours, to a meeting at which he was told that he could face eviction if his behaviour did not improve and the tenant left the meeting and within an hour had inflicted fatal injuries on the neighbour, it was not fair, just or reasonable that the local housing authority should be held to have been under a common law duty to warn the neighbour that the meeting had been arranged.”

WLR Daily, 20th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Commune de Sausheim v Azelvandre – WLR Daily

Posted February 23rd, 2009 in EC law, environmental protection, freedom of information, law reports by sally

Commune de Sausheim v Azelvandre (Case C-552/07); [2009] WLR (D) 64

“The national authorities could not rely on the protection of public order or other interests in order to oppose the disclosure of information on the location of the release of GMOs into the environment.
The Fourth Chamber of the Court of Justice of the European Community so ruled, inter alia, on a reference for a preliminary ruling by the Conseil d’État, France. Art 6 of Directive 2001/18 provides for a standard authorisation procedure for the deliberate release of GMOs into the environment. Art 25(4) provides: ‘In no case may the following information when submitted according to [art 6] be kept confidential:— … location of release …'”

WLR Daily, 20th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.