Day: 11 March 2009

Recent Statutory Instruments – OPSI

Posted March 11th, 2009 in legislation by sally

The Gender Recognition (Application Fees) (Amendment) Order 2009

The Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) Order 2009

The Insolvency (Amendment) Regulations 2009

The Guaranteed Minimum Pensions Increase Order 2009

The Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009

The Register of Judgments, Orders and Fines (Amendment) Regulations 2009

The Further Education (Principals’ Qualifications) (England) (Amendment) Regulations 2009

The General Osteopathic Council (Constitution of the Statutory Committees) Rules Order of Council 2009

The Charter Trustees Regulations 2009

The Debt Relief Orders (Designation of Competent Authorities) Regulations 2009

The Quality Partnership Schemes (England) Regulations 2009

The Public Service Vehicles (Registration Restrictions) (England and Wales) Regulations 2009

The Wine Regulations 2009

The Human Fertilisation and Embryology Act 2008 (Commencement No.1 and Transitional Provisions) Order 2009

The Asian Development Bank (Ninth Replenishment of the Asian Development Fund) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted March 11th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Tucke & Anor (Joint Supervisors of Energy Holdings (No 3)) v Gold Fields Mining Llc [2009] EWCA Civ 173 (11 March 2009)

TE (Eritrea) v Secretary of State for the Home Department [2009] EWCA Civ 174 (11 March 2009)

Youell & Ors v La Reunion Aerienne & Ors [2009] EWCA Civ 175 (11 March 2009)

Secretary of State for Communities and Local Government v Bovale Ltd & Anor [2009] EWCA Civ 171 (11 March 2009)

High Court (Chancery Division)

The British Association for Shooting & Conservation Ltd v Revenue and Customs [2009] EWHC 399 (Ch) (06 March 2009)

High Court (Administrative Court)

Novin v Secretary of State for the Home Department [2009] EWHC 443 (Admin) (10 March 2009)

Source: www.bailii.org

Power of Attorney forms to be cheaper and simpler – Ministry of Justice

Posted March 11th, 2009 in child abuse, news, social services by sally

“Lasting Powers of Attorney forms will be overhauled to make them simpler to complete and cheaper to register, the Public Guardian Martin John said today.”

Full story

Ministry of Justice, 11th March 2009

Source: www.justice.gov.uk

Red tape fears for child services – BBC News

Posted March 11th, 2009 in news by sally

“On Thursday, the government’s expert on children’s services, Lord Laming, will outline how he thinks his own recommendations for change have been implemented following the Victoria Climbie case.”

Full story

BBC News, 11th March 2009

Source: www.bbc.co.uk

‘Drink and sex’ ads broke rules – BBC News

Posted March 11th, 2009 in advertising, news by sally

“Nightclub adverts aimed at students which linked cheap drinks with sex broke industry rules, a watchdog said.”

Full story

BBC News, 11th March 2009

Source: www.bbc.co.uk

More than 1,000 police officers have criminal records, figures show – The Guardian

Posted March 11th, 2009 in criminal records, news, police by sally

“More than 1,000 serving police officers have criminal convictions ranging from assault to burglary, according to figures obtained under the Freedom of Information Act.”

Full story

The Guardian, 11th March 2009

Source: www.guardian.co.uk

Community service for ex-officer – BBC News

Posted March 11th, 2009 in misfeasance in public office, news, police, sentencing by sally

“A former Lancashire police officer who abused his police powers to uncover his wife’s affair has been sentenced to 150 hours’ community service.”

Full story

BBC News, 10th March 2009

Source: www.bbc.co.uk

House of Lords Judgments: Whats new?

Posted March 11th, 2009 in law reports by sally

In re McE (Appellant) (Northern Ireland); In re M (Appellant) (Northern Ireland); In re C (AP) and another (AP) (Appellants) (Northern Ireland) [2009] UKHL 15 (11 March 2009)

Ofulue and another (FC) (Appellant) v Bossert (FC) (Respondent) [2009] UKHL 16 (11 March 2009)

Source: www.parliament.uk

R (Parish) v Pensions Ombudsman – WLR Daily

Posted March 11th, 2009 in law reports, maladministration, pensions, tribunals by sally

R (Parish) v Pensions Ombudsman; [2009] WLR (D) 86

“Where the ultimate question to be determined by the Pensions Ombudsman in an investigation differed from the ultimate question which had arisen in previously begun court or employment tribunal proceedings, s 146(6)(a)(i) of the Pension Schemes Act 1993 did not preclude an investigation by reason of a factual issue being common to the investigation and to the court or employment tribunal proceedings.”

WLR Daily, 9th March 2009

Source: www.lawreports.co.uk

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

Truex v Toll – WLR Daily

Posted March 11th, 2009 in bankruptcy, debts, fees, law reports, solicitors by sally

Truex v Toll [2009] EWHC 396 (Ch); [2009] WLR (D) 85

“In respect of fees owed to a solicitor by a client, an unliquidated sum did not become liquidated by a mere admission unsupported by consideration.”

WLR Daily, 9th March 2009

Source: www.lawreports.co.uk

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

Tongue bite girlfriend faces jail – BBC News

Posted March 11th, 2009 in grievous bodily harm, news, sentencing by sally

“A woman who bit off her boyfriend’s tongue during a drunken birthday kiss has been told she faces jail.”

Full story

BBC News, 10th March 2009

Source: www.bbc.co.uk

Times Newspapers Limited (Nos 1 and 2) v United Kingdom – Times Law Reports

Posted March 11th, 2009 in defamation, freedom of expression, human rights, internet, law reports by sally

Times Newspapers Limited (Nos 1 and 2) v United Kingdom

European Court of Human Rights

“The European Court of Human Rights held, unanimously, that a court’s finding that Times Newspapers Ltd had libelled G. L. by the continued publication on its internet site of two articles was not a disproportionate restriction on the newspaper’s freedom of expression, as guaranteed by article 10 of the European Convention on Human Rights.”

The Times, 11th March 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.

MK and Others (Somalia) v Entry Clearance Officer, Addis Ababa; Joint Council for the Welfare of Immigrants, intervening – Times Law Reports

Posted March 11th, 2009 in asylum, children, law reports by sally

MK and Others (Somalia) v Entry Clearance Officer, Addis Ababa; Joint Council for the Welfare of Immigrants, intervening

Court of Appeal

“Children who were not legally adopted could not rely on concessions for asylum-seekers to enter the UK to stay with their aunt.”

The Times, 11th March 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.

Broadening Britain’s judicial ranks – BBC News

Posted March 11th, 2009 in judiciary, news by sally

“Judges in England and Wales are holding their first conference to try to increase the number of women and people from ethnic minorities in their ranks.”

Full story

BBC News, 11th March 2009

Source: www.bbc.co.uk

Mother jailed for crushing baby – BBC News

Posted March 11th, 2009 in child cruelty, news, sentencing by sally

“A mother has been jailed for eight years for inflicting a ‘horrific’ series of injuries on her two-month-old son, who died hours later.”

Full story

BBC News, 10th March 2009

Source: www.bbc.co.uk

Balls sacked Baby P chief under pressure from media, legal challenge alleges – The Guardian

Posted March 11th, 2009 in child abuse, news, social services by sally

“The details of Sharon Shoesmith’s judicial challenge against the children’s secretary, Ed Balls, first revealed by the Guardian last night, have been published today (10 March).”

Full story

The Guardian, 10th March 2009

Source: www.guardian.co.uk

Northern Rock rescue ‘did not limit competition’ – The Times

Posted March 11th, 2009 in banking, competition, nationalisation, news by sally

“The Office of Fair Trading (OFT) has concluded that nationalising Northern Rock has had no ‘significant adverse’ impact on competition across financial services.”

Full story

The Times, 10th March 2009

Source: www.timesonline.co.uk

Violent criminals escaping with caution has doubled in 10 years, Ministry of Justice says – Daily Telegraph

Posted March 11th, 2009 in cautions, news, sentencing, statistics, violence by sally

“The number of violent criminals escaping with a caution has more than doubled in 10 years, new figures show.”

Full story

Daily Telegraph, 11th March 2009

Source: www.telegraph.co.uk

UK trade mark fees will fall, says IPO – OUT-LAW.com

Posted March 11th, 2009 in fees, news, trade marks by sally

“The cost of registering trade marks in the UK will fall under plans proposed by the Intellectual Property Office (IPO). The move is a response to reduced EU trade mark prices and to falling demand for marks.”

Full story

OUT-LAW.com, 10th March 2009

Source: www.out-law.com

Beyond reasonable doubt – BBC News

Posted March 11th, 2009 in magistrates, news, standard of proof by sally

“Magistrates dealing with criminal offences are ‘case-hardened’ and may not properly apply the correct standard of proof, a prominent barrister claims.”

Full story

BBC News, 10th March 2009

Source: www.bbc.co.uk