Recent Statutory Instruments – OPSI

Posted October 8th, 2009 in legislation by sally

The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings) Order 2009

The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 12) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted October 8th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Pomfrett, R v [2009] EWCA Crim 1939 (08 October 2009)

Mejia & Anor, R v [2009] EWCA Crim 1940 (08 October 2009)

Court of Appeal (Civil Division)

Al Tamimi v Khodari [2009] EWCA Civ 1042 (08 October 2009)

High Court (Queen’s Bench Division)

Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB) (08 October 2009)

High Court (Chancery Division)

North Eastern Properties Ltd v Coleman & Anor [2009] EWHC 2174 (Ch) (20 August 2009)

Rawnsley & Anor v Weatherall Green & Smith North Ltd [2009] EWHC 2393 (Ch) (06 October 2009)

Mayes v HM Revenue & Customs [2009] EWHC 2443 (Ch) (08 October 2009)

High Court (Administrative Court)

Boyle, R (on the application of) v Haverhill Pub Watch & Ors [2009] EWHC 2441 (Admin) (08 October 2009)

High Court (Commercial Court)

AET Inc Ltd v Arcadia Petroleum Ltd [2009] EWHC 2337 (Comm) (08 October 2009)

High Court (Technology and Construction Court)

Barr & Ors v Biffa Waste Services Ltd (No.2) [2009] EWHC 2444 (TCC) (2 October 2009)

Source: www.bailii.org

Transsexual in court appeal for breast enlargement – Daily Telegraph

Posted October 8th, 2009 in cosmetic surgery, news, sex discrimination by sally

“A transsexual refused breast enlargement surgery on the NHS is to take her case to the High Court, at a cost of tens of thousands of pounds to the hospital’s budget.”

Full story

Daily Telegraph, 8th October 2009

Source: www.telegraph.co.uk

Contest aims to turn young hackers into cyber security ‘top guns’ – The Times

Posted October 8th, 2009 in news by sally

“Britain’s would-be computer hackers are to be targeted in a campaign to persuade them to turn their back on illegal activities and become cyber security ‘top guns’.”

Full story

The Times, 8th October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 8th, 2009 in law reports by sally

Court of Appeal (Civil Division)

EI Du Pont Nemours & Co v United Kingdom Intellectual Property Office [2009] EWCA Civ 966 (17 September 2009)

CR v Local Authority and the Guardian [2009] EWCA Civ 1008 (07 October 2009)

High Court (Queen’s Bench Division)

Sumbulu v Sarker & Ors [2009] EWHC 2424 (QB) (02 October 2009)

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2009] EWHC 2011 (QB) (31 July 2009)

High Court (Technology and Construction Court)

Costain Ltd v Charles Haswell & Partners Ltd [2009] EWHC B25 (TCC) (24 September 2009)

Source: www.bailii.org

Vicente Pereda v Madrid Movilidad SA – Times Law Reports

Posted October 8th, 2009 in law reports by sally

Vicente Pereda v Madrid Movilidad SA; Case C-277/08

Court of Justice of the European Communities

“National provisions or collective agreements which provided that a worker who was sick during a period of scheduled annual leave did not have the right, after his recovery, to take his annual leave at another time were unlawful.”

The Times, 8th October 2009

Source: www.timesonline.co.uk

Regina (Age UK) v Secretary of State for Business, Innovation and Skills, Equality and Human Rights Commission and Another intervening) – Times Law Reports

Posted October 8th, 2009 in law reports by sally

Regina (Age UK) v Secretary of State for Business, Innovation and Skills, Equality and Human Rights Commission and Another intervening)

Queen’s Bench Division

“Provisions permitting an employer to require retirement at the age of 65 were justified where he could show that the treatment was a proportionate means of achieving a legitimate aim since the government had a legitimate social policy aim: protecting the integrity and confidence in the United Kingdom labour market.”

The Times, 8th October 2009

Source: www.timesonline.co.uk

Practice Direction (Criminal Proceedings: Additional Forms) – WLR Daily

Posted October 8th, 2009 in criminal procedure, law reports, practice directions by sally

Practice Direction (Criminal Proceedings: Additional Forms); [2009] WLR (D) 293

“The forms for use in connection with the following Parts of the Criminal Procedure Rules 2005, as amended, were set out. The amendments were to take effect on 5 October 2009.”

WLR Daily, 7th October 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.

Family lawyer fears over guardians’ ‘dangerous’ caseloads – Law Society’s Gazette

Posted October 8th, 2009 in children, family courts, law centres, news by sally

“Leading family lawyer Christina Blacklaws has hit out at the ‘dangerous’ workload of employed guardians at the Children and Family Court Advisory Service (Cafcass).”

Full story

Law Society’s Gazette, 8th October 2009

Source: www.lawgazette.co.uk

Don’t tell anyone – but the judges are becoming media-friendly – The Times

Posted October 8th, 2009 in news by sally

“This week the Lord Chief Justice issued new guidelines on gun crime. Nothing unusual in that, but Lord Judge also made a point of drawing the media’s attention to key points in his judgment. A small move, but indicative of a big change in approach.”

Full story

The Times, 8th October 2009

Source: www.timesonline.co.uk

Big Brother culture attacked by country’s top barrister – Daily Telegraph

Posted October 8th, 2009 in barristers, closed circuit television, investigatory powers, news, privacy by sally

“The ‘Big Brother’ culture is on the march across Britain, allowing the state to snoop on phone calls, emails and even walking the dog, the country’s top barrister, Desmond Browne QC, has warned.”

Full story

Daily Telegraph, 8th October 2009

Source: www.telegraph.co.uk

Goldsmith critical of Guantanamo policy – The Independent

Posted October 8th, 2009 in detention, news, torture by sally

“Tony Blair’s former law chief has attacked the British Government for undermining Barack Obama’s efforts to close Guantanamo Bay.”

Full story

The Independent, 8th October 2009

Source: www.independent.co.uk

Paedophile butler appeal rejected – BBC News

Posted October 8th, 2009 in appeals, child abuse, news, sentencing, sexual offences by sally

“A paedophile royal butler who took one of his victims for tea with the Queen has failed to get his indefinite jail sentence overturned.”

Full story

BBC News, 7th October 2009

Source: www.bbc.co.uk

Should we all have a say on who sits in the Supreme Court? – The Times

Posted October 8th, 2009 in news by sally

“Last Thursday the new Supreme Court held its first hearing. It decided that the Legal Services Commission should provide funding for the pending appeal in the JFS case (concerning the admissions policies of a Jewish school).”

Full story

The Times, 8th October 2009

Source: www.timesonline.co.uk

Daughter sees father jailed for three decades of sex abuse – The Guardian

Posted October 8th, 2009 in incest, news, rape, sentencing by sally

“A man who sexually abused his daughter for more than three decades, fathering two children by her, was jailed for 12 years yesterday for incest, rape and indecent assault.”

Full story

The Guardian, 7th October 2009

Source: www.guardian.co.uk

Crown sidelined from new Supreme Court – Daily Telegraph

Posted October 8th, 2009 in Crown, news, Supreme Court by sally

“The Crown has been sidelined from the new Supreme Court in a move that breaks with traditions dating back almost 1,000 years.”

Full story

Daily Telegraph, 7th October 2009

Source: www.telegraph.co.uk

Solicitors outraged at the soaring costs of indemnity insurance – The Times

Posted October 8th, 2009 in news by sally

“‘It has been an absolute bloodbath,’ says Stephen Allen of this year’s professional indemnity renewal. Premiums up, insurers issuing quotes only two days before the September 30 deadline, no time to shop around, difficulties arranging finance for premiums and many firms failing to find cover at all — it has been the most difficult renewal season since solicitors went on to the open market for insurance in 2000.”

Full story

The Times, 8th October 2009

Source: www.timesonline.co.uk

Climate change believer takes firm to tribunal – The Guardian

“A man who claims he was unfairly dismissed from his job because he believes in climate change is attempting to have his environmental views recognised under religious law.”

Full story

The Guardian, 7th October 2009

Source: www.guardian.co.uk

UK competiton regulator rules against Ticketmaster, Live Nation merger – Daily Telegraph

Posted October 8th, 2009 in competition, mergers, news by sally

“Britain’s competition authorities have provisionally ruled against the controversial mega-merger of ticketing giant Ticketmaster with the world’s largest concert promoter Live Nation.”

Full story

Daily Telegraph, 8th October 2009

Source: www.telegraph.co.uk

Rapist’s sentence changed to life – BBC News

Posted October 8th, 2009 in children, news, rape, sentencing by sally

“A paedophile who left a 12-year-old boy for dead after a violent rape has been given a life sentence after an appeal.”

Full story

BBC News, 6th October 2009

Source: www.bbc.co.uk