Recent Statutory Instruments – OPSI

Posted July 3rd, 2009 in legislation by sally

The Supreme Court Rules 2009

The Education (School and Local Education Authority Performance Targets) (England) (Amendment) Regulations 2009

The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2009

The Ministry of Defence Police (Committee) Regulations 2009

The Environmental Noise (England) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Jealous partner guilty of strangling his lover – The Independent

Posted July 3rd, 2009 in domestic violence, murder, news by sally

“A jealous martial arts expert who strangled his partner after learning she planned to leave him for another man was found guilty of murder today.”

Full story

The Independent, 3rd July 2009

Source: www.independent.co.uk

Killer jailed for life years after being cleared – The Independent

Posted July 3rd, 2009 in murder, news, sentencing by sally

“A violent footballer was given two life sentences today after he admitted killing his ex-girlfriend seven years after being cleared of the crime.”

Full story

The Independent, 3rd July 2009

Source: www.independent.co.uk

Prisoners on run cannot be named ‘due to privacy rights’ – Daily Telegraph

Posted July 3rd, 2009 in news, prisons, privacy by sally

“Prisoners on the run from Holleseley Bay prison cannot be identified because it would breach their rights to privacy, the Ministry of Justice has said.”

Full story

Daily Telegraph, 3rd July 2009

Source: www.telegraph.co.uk

Evidence ‘not enough’ as terror suspect scores win – The Times

Posted July 3rd, 2009 in control orders, news, terrorism by sally

“A terror suspect must be brought back to London from ‘internal exile’ in the Midlands despite convincing secret evidence that he intended to take part in terrorist-related activity, the High Court ruled today.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

Pathologist in Ian Tomlinson death case suspended from Home Office register – The Guardian

Posted July 3rd, 2009 in disciplinary procedures, news, pathologists, professional conduct by sally

“The pathologist who said Ian Tomlinson died of natural causes at the G20 protests has been suspended from an official government register and is under two separate investigations into his professional conduct, it emerged today.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

Freedom of information regulator accused of excessive delays – The Guardian

Posted July 3rd, 2009 in delay, freedom of information, news by sally

“Freedom of information campaigners say the regulator takes too long to decide to release documents to the public, undermining efforts to open up official files.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

Speeding fine couple seek review – BBC News

Posted July 3rd, 2009 in fines, news, road traffic offences by sally

“A couple from Sheffield are taking their legal fight against a speeding ticket to London’s High Court.”

Full story

BBC News, 3rd July 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 3rd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Radmacher v Granatino [2009] EWCA Civ 649 (02 July 2009)

Walkden v Walkden [2009] EWCA Civ 627 (25 June 2009)

High Court (Queen’s Bench)

C v Dixon [2009] EWHC 708 (QB) (25 June 2009)

High Court (Chancery Division)

Secretary of State for Trade and Industry v Woolf [2009] EWHC B15 (Ch) (19 June 2009)

Lindop v Agus & Ors [2009] EWHC B14 (Ch) (03 July 2009)

High Court (Administrative Division)

Nicholas v Chester Magistrates Court [2009] EWHC 1504 (Admin) (11 June 2009)

Nadour v Chester Magistrates Court [2009] EWHC 1505 (Admin) (11 June 2009)

Director of Public Prosecutions v Agyemang [2009] EWHC 1542 (Admin) (24 June 2009)

Source: www.bailii.org

Geneva Conventions and United Nations Personnel (Protocols) Act 2009 – OPSI

Posted July 3rd, 2009 in legislation, United Nations by sally

Geneva Conventions and United Nations Personnel (Protocols) Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Business Rate Supplements Act 2009 – OPSI

Posted July 3rd, 2009 in legislation, rates by sally

Business Rate Supplements Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Saving Gateway Accounts Act 2009 – OPSI

Posted July 3rd, 2009 in banking, legislation, tax credits by sally

Saving Gateway Accounts Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Recent Statutory Instruments – OPSI

Posted July 3rd, 2009 in legislation by sally

The Court Martial (Prosecution Appeals) Order 2009

The Companies (Share Capital and Acquisition by Company of its Own Shares) Regulations 2009

The Working Time (Amendment) Regulations 2009

The Olympic Route Network Designation Order 2009

The Companies Act 2006 (Accounts, Reports and Audit) Regulations 2009

The Food Irradiation (England) Regulations 2009

The Education (Outturn Statements) (England) Regulations 2009

The Legal Services Act 2007 (Registered European Lawyers) Order 2009

The Registered Foreign Lawyers Order 2009

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 3) Order 2009

The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2009

The Control of Major Accident Hazards (Amendment) Regulations 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 7) 2009

The Terrorism Act 2000 (Code of Practice for Examining Officers) (Revision) Order 2009

Source: www.opsi.gov.uk

Jack Straw statement on Michael Shields – Ministry of Justice

Posted July 3rd, 2009 in attempted murder, attempts, murder, news, pardons by sally

“Justice Secretary Jack Straw has made a statement on the Michael Shields case.”

Full story

Ministry of Justice, 2nd July 2009

Source: www.justice.gov.uk

AM (Somalia) v Entry Clearance Officer – WLR Daily

AM (Somalia) v Entry Clearance Officer [2009] EWCA Civ 634; [2009] WLR (D) 22

“The requirement under the Immigration Rules for a disabled British citizen living in the United Kingdom on disability living allowance who was sponsoring her foreign husband to settle in UK to prove that they would be able to maintain themselves without recourse to public funds did not amount to disporportionate discrimination against disabled sponsors under art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd July 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.

Serious Organised Crime Agency v Szepietowski (No 2) – WLR Daily

Posted July 3rd, 2009 in law reports, proceeds of crime, trusts by sally

Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225

“There was no conflict between paras 7A.4 and 7B.1 of Practice Direction–Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005. Accordingly, where an order had been made excluding part of the property subject to an interim receiving order, to enable the person against whom the order was made to pay legal expenses, the court had power in appropriate circumstances to set that exclusion aside.”

WLR Daily, 2nd July 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.

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd – WLR Daily

Posted July 3rd, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”

WLR Daily, 2nd July 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.

Cherie Booth backs call for radical prison overhaul – The Guardian

Posted July 3rd, 2009 in news, prisons by sally

“Cherie Booth QC has endorsed a call to close some prisons and hand the management of the rest of the prison system in England and Wales over to local communities.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

Book by former anti-terror chief Andy Hayman banned from shops – The Times

Posted July 3rd, 2009 in injunctions, news, police, terrorism by sally

“Copies of a book by Scotland Yard’s former anti-terrorism chief were hastily removed from bookstore shelves yesterday after the Attorney-General obtained a last-minute injunction.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

Child witnesses ‘wait too long’ – BBC News

Posted July 3rd, 2009 in children, delay, news, witnesses by sally

“Young witnesses in sex abuse or violence cases are being forced to wait more than a year to give evidence in England and Wales, a report has said.”

Full story

BBC News, 3rd July 2009

Source: www.bbc.co.uk