Two stars of BBC’s Trawlermen series jailed in illegal fishing case – The Guardian

Posted March 23rd, 2009 in fisheries, news by sally

“Two stars of the BBC’s Trawlermen series have been jailed and fined £370,000 after they landed fish illegally.”

Full story

The Guardian, 23rd March 2009

Source: www.guardian.co.uk

Prince Charles’ Duchy Originals ordered to remove ‘misleading’ herbal remedy claims – Daily Telegraph

Posted March 23rd, 2009 in advertising, complementary medicine, consumer protection, news by sally

“The Medicines and Healthcare products Regulatory Agency (MHRA) has upheld a complaint over the online advertising of two remedies, Duchy Herbals Echina-Relief Tincture and Duchy Herbals Hyperi-Lift Tincture, which are sold for £10 for 50ml in selected Boots and Waitrose stores.”

Full story

Daily Telegraph, 23rd March 2009

Source: www.telegraph.co.uk

Government bid to extend ‘human rights’ prompts fears of nanny state – Daily Telegraph

Posted March 23rd, 2009 in human rights, news by sally

“Entitlement to good health care, education and freedom from poverty could be enshrined in law under the green paper to be published by Justice Minister Jack Straw.”

Full story

Daily Telegraph, 23rd March 2009

Source: www.telegraph.co.uk

Stars call for end to archaic libel laws – The Times

Posted March 23rd, 2009 in defamation, freedom of expression, news by sally

“The actor and comedian Rowan Atkinson and writer Andrew O’Hagan are heading a coalition of entertainers, writers, lawyers and journalists in a move today for the scrapping of an archaic law that allows people to be jailed for speaking out.”

Full story

The Times, 23rd March 2009

Source: www.timesonline.co.uk

College sued over sex abuse claim – BBC News

Posted March 23rd, 2009 in child abuse, news, sexual offences by sally

“A former City lawyer is claiming £5m damages against a Catholic school over sexual abuse he alleges he suffered there during the 1970s.”

Full story 

BBC News, 23rd March 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 23rd, 2009 in law reports by sally

Court of Appeal (Civil Divsion)

Bracknell Forest Borough Council v Green & Anor [2009] EWCA Civ 238 (20 March 2009)

Lambert v Clayton [2009] EWCA Civ 237 (20 March 2009)

High Court (Administrative Court)

Bailey & Ors v Secretary of State for the Home Department [2009] EWHC 562 (Admin) (20 March 2009)

Secretary of State for the Home Department v AT & Anor [2009] EWHC 512 (Admin) (20 March 2009)

London & South Eastern Railway Ltd & Anor v British Transport Police Authority [2009] EWHC 460 (Admin) (20 March 2009)

High Court (Patents Court)

MMI Research Ltd v Cellxion Ltd & Ors [2009] EWHC 418 (Pat) (11 March 2009)

High Court (Queen’s Bench Division)

Toropdar v D [2009] EWHC 567 (QB) (20 March 2009)

Hutton v The Government of Australia [2009] EWHC 564 (QB) (20 March 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 23rd, 2009 in legislation by sally

The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2009

The Plant Health (Import Inspection Fees) (Wales) (Amendment) Regulations 2009

The Control of Salmonella in Broiler Flocks (Wales) Order 2009

The National Health Service (Dental Charges, General Dental Services Contracts and Personal Dental Services Agreements) (Wales) (Amendment) Regulations 2009

The Charter Trustees Regulations 2009

The Public Guardian (Fees, etc.) (Amendment) Regulations 2009

The Plant Health (Forestry) (Amendment) Order 2009

The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) (No. 2) Regulations 2009

The Family Procedure (Adoption) (Amendment) Rules 2009

The Buying Agency Trading Fund (Amendment) Order 2009

The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (Commencement No. 2) (Amendment) Order of Council 2009

The Health and Social Care (Financial Assistance) Regulations 2009

The Pensions Increase (Review) Order 2009

The Local Authorities’ Plans and Strategies (Disapplication) (England) (Amendment) Order 2009

The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009

The Tax Avoidance Schemes (Information) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Bovale Ltd v Secretary of State for Communities and Local Government and Another – Times Law Reports

Posted March 23rd, 2009 in civil procedure rules, judgments, law reports, practice directions by sally

Bovale Ltd v Secretary of State for Communities and Local Government and Another

Court of Appeal

“While a judge had no power to alter the Civil Procedure Rules or vary any practice direction, either by a judgment or purported practice direction, he did have an inherent jurisdiction to include procedural directions of a general application where there was a gap in the rules or in the practice directions.”

The Times, 23rd 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.

Regina (BA)(Nigeria) v Secretary of State for the Home Department – Times Law Reports

Posted March 23rd, 2009 in appeals, deportation, law reports by sally

Regina (BA)(Nigeria) v Secretary of State for the Home Department

Court of Appeal

“The right of appeal against the refusal by the Home Office to revoke a deportation order was exercisable from within the United Kingdom.”

The Times, 23rd 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.

Legal aid reform programme – Ministry of Justice

Posted March 23rd, 2009 in legal aid, news by sally

“Legal Aid Minister Lord Bach has given a speech on the legal aid reform programme at the Advice Services Alliance conference in which he has announced that more people will be eligible for civil legal aid.”

Full speech 

Ministry of Justice, 20th March 2009

Source: www.justice.gov.uk

Bar Council Remains Concerned Over Some Aspects of the Coroners and Justice Bill – The Bar Council

Posted March 23rd, 2009 in barristers, coroners, press releases by sally

“The Coroners and Justice Bill begins its Report Stage in the House of Commons today. The Bar Council, and the Criminal Bar Association, have welcomed Government concessions in relation to information sharing and in putting the decision for an inquest to be held without a jury into the hands of judges rather than the Secretary of State.”

Full press release

The Bar Council, 23rd March 2009

Source: www.barcouncil.org.uk

Cuts to forensic watchdog ‘will cause miscarriages of justice’ – The Independent

Posted March 23rd, 2009 in forensic science, news by sally

“Dozens of miscarriages of justice could occur in the next few months because the body that regulates expert witnesses in court is being shut down by the Government, senior scientists warned yesterday.”

Full story

The Independent, 22nd March 2009

Source: www.independent.co.uk

Police accused of misusing terror laws against peaceful protests – The Guardian

Posted March 23rd, 2009 in demonstrations, news, police, terrorism by sally

“Laws intended for counter-terrorism are being misused in an increasingly heavy-handed approach to policing protests, a new parliamentary report warns today.”

Full story 

The Guardian, 23rd March 2009

Source: www.guardian.co.uk

Right to privacy broken by a quarter of UK’s public databases, says report – The Guardian

Posted March 23rd, 2009 in data protection, news, privacy by sally

“A quarter of all the largest public-sector database projects, including the ID cards register, are fundamentally flawed and clearly breach European data protection and rights laws, according to a report published today.”

Full story

The Guardian, 23rd March 2009

Source: www.guardian.co.uk

‘Unfair’ energy bill ban proposed – BBC News

Posted March 23rd, 2009 in consumer protection, energy, news by sally

“Energy companies will be banned from charging ‘unjustified’ prices under new rules proposed by the regulator Ofgem.”

Full story 

BBC News, 23rd March 2009

Source: www.bbc.co.uk

£46 award for innocent man’s 27 years in prison – The Observer

Posted March 23rd, 2009 in miscarriage of justice, murder, news by sally

“Sean Hodgson, who spent 27 years in jail for a crime he did not commit, has been given just £46 by the government with which to restart his life. The Prison Service has awarded the mentally ill former prisoner the equivalent of £1.70 for every year he was wrongly imprisoned.”

Full story

The Observer, 22nd March 2009

Source: http://observer.guardian.co.uk/

Gordon Brown signals his opposition to assisted suicide – The Guardian

Posted March 20th, 2009 in assisted suicide, news by sally

“Prime minister would not support proposal backed by more than 100 MPs to allow families to help terminally ill relatives to die.”

Full story

The Guardian, 20th March 2009

Source: www.guardian.co.uk

New government rules to crack down on rogue clampers – The Times

Posted March 20th, 2009 in news, parking, wheel clamping by sally

“Parking companies will be subject to strict new limits on the penalties and fees they can charge, under government plans to drive rogue operators out of business.”

Full story 

The Times, 20th March 2009

Source: www.timesonline.co.uk

Total liable for Buncefield blast – BBC News

Posted March 20th, 2009 in hazardous substances, health & safety, negligence, news by sally

“The High Court has ruled that oil company Total is liable for damages caused by the explosion at the Buncefield oil depot in Hertfordshire.”

Full story

BBC News, 20th March 2009

Source: www.bbc.co.uk

Regina v Balshaw – WLR Daily

Posted March 20th, 2009 in costs, law reports, prosecutions by sally

Regina v Balshaw [2009] EWCA Crim 470; [2009] WLR (D) 102

Where a person was convicted of an offence before the Crown Court, and was ordered to pay costs to the prosecutor, there was no principle that the order was proscribed where the costs were designed to compensate a third party.”

WLR Daily, 18th March 2009

Source: www.lawreports.co.uk

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