Recent Statutory Instruments – OPSI

Posted November 9th, 2009 in legislation by sally

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 3) Order 2009

The Youth Rehabilitation Order (Electronic Monitoring Requirement) Order 2009

The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009

The Occupational and Personal Pension Schemes (Authorised Payments) Amendment Regulations 2009

The Caribbean Development Bank (Seventh Replenishment of the Unified Special Development Fund) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted November 9th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Brown, R v [2009] EWCA Crim 2133 (09 October 2009)

Williams, R v [2009] EWCA Crim 2111 (27 October 2009)

Ghulam, R. v [2009] EWCA Crim 2285 (21 October 2009)

Davarifar v R [2009] EWCA Crim 2294 (09 November 2009)

Pigott v R [2009] EWCA Crim 2292 (09 November 2009)

Gilham v R [2009] EWCA Crim 2293 (09 November 2009)

Hodson, R. v [2009] EWCA Crim 2233 (05 October 2009)

Tierney & Anor, R. v [2009] EWCA Crim 2220 (15 October 2009)

Court of Appeal (Civil Division)

Davies & Ors v Jones & Anor [2009] EWCA Civ 1164 (09 November 2009)

High Court (Queen’s Bench Division)

Novartis Pharmaceuticals UK Ltd & Ors v Stop Huntingdon Animal Cruelty (‘SHAC’) & Ors [2009] EWHC 2716 (QB) (30 October 2009)

JBW Group Ltd v Westminster City Council [2009] EWHC 2697 (QB) (03 November 2009)

High Court (Chancery Division)

Skype Technologies SA v Joltid Ltd v Kasesalu & Ors [2009] EWHC 2783 (Ch) (06 November 2009)

High Court (Family Division)

RS v KS [2009] EWHC 1494 (Fam) (26 June 2009)

Source: www.bailii.org

Legislation to access public’s texts and emails put on hold – The Guardian

“Legislation for a £2bn Home Office surveillance project to track details of everybody’s email, mobile phone, text and internet use has been put on hold after a consultation raised concerns over its technical feasibility, costs and privacy safeguards.”

Full story

The Guardian, 9th November 2009

Source: www.guardian.co.uk

Policy ‘makes marriage miserable’ – BBC News

Posted November 9th, 2009 in immigration, married persons, news by sally

“The first year of a young couple’s marriage has been made miserable by a ‘rigid and inflexible’ immigration policy, the High Court has heard.”

Full story

BBC News, 9th November 2009

Source: www.bbc.co.uk

Wife says noisy sex conviction breaches rights – The Independent

Posted November 9th, 2009 in news, noise, nuisance by sally

“A couple’s nightly sex sessions were making their neighbours’ lives’ hell, a court heard today.”

Full story

The Independent, 9th November 2009

Source: www.independent.co.uk

Government to consult on £500,000 penalties for serious breaches of data protection principles – Ministry of Justice

Posted November 9th, 2009 in data protection, fines, news by sally

“The government has today launched a consultation seeking views on implementing a maximum penalty of half a million pounds for serious breaches of the data protection principles.”

Full story

Ministry of Justice, 9th November 2009

Source: www.justice.gov.uk

The law is on trial for closed shop – The Times

Posted November 9th, 2009 in news by sally

“The Law Society and Bar Council are trying hard to encourage people from all walks of life to enter the profession.”

Full story

The Times, 8th November 2009

Source: www.timesonline.co.uk

Michel v The Queen – Times Law Reports

Posted November 9th, 2009 in law reports by sally

Michel v The Queen

Privy Council

“A defendant’s right to a fair trial was absolute and he was entitled to explain his story, however improbable, without being subjected to the judge’s sarcasm and hostility in the course of doing so.”

The Times, 9th November 2009

Source: www.timesonline.co.uk

Jail for woman who killed unborn twins – The Independent

Posted November 9th, 2009 in abortion, child cruelty, news, perverting the course of justice, sentencing by sally

“A woman who killed her unborn twins after injecting herself with drugs to induce their birth was finally jailed today after going on the run.”

Full story

The Independent, 6th November 2009

Source: www.independent.co.uk

Rise in divorce actions puts extra strain on children, solicitors warn – The Guardian

Posted November 9th, 2009 in children, divorce, news by sally

“The number of divorce and separation cases being fought in the courts that involve children has risen, with £151m of legal aid money being spent on litigation, according to figures released today.”

Full story

The Times, 9th November 2009

Source: www.timesonline.co.uk

Chief prosecutor demands curb on police cautions – The Times

Posted November 9th, 2009 in news by sally

“The top prosecutor has demanded an end to the use of police cautions to deal with thousands of serious assaults every year amid concern that the justice system is failing to rein in violent offenders.”

Full story

The Times, 8th November 2009

Source: www.timesonline.co.uk

Foreign media count cost of UK libel laws – The Guardian

Posted November 9th, 2009 in defamation, news by sally

“Britain’s reputation for ‘libel tourism’ is driving American and foreign publishers to consider abandoning the sale of newspaper and magazines in Britain and may lead to them blocking access to websites, MPs have been warned.”

Full story

The Guardian, 9th November 2009

Source: www.guardian.co.uk

Fixed penalties are efficient and cost-effective. But is it justice? – The Times

Posted November 9th, 2009 in news by sally

“Nearly half of all crimes — or 700,000 a year — are handled outside the courts, including shoplifting, burglary and assault. Under a drive in the past decade towards swift, summary justice, police have been given wide powers to impose cautions and fines (fixed penalty notices), and prosecutors can impose conditional cautions.”

Full story

The Times, 9th November 2009

Source: www.timesonline.co.uk

Revealed: Government’s ‘heartless’ treatment of forced marriage victims – The Independent

Posted November 9th, 2009 in forced marriages, news, victims by sally

“British citizens who have been forced into marriages overseas are being asked to cover the costs of their repatriation to the UK, The Independent has learnt.”

Full story

The Independent, 9th November 2009

Source: www.independent.co.uk

LSB consumer panel to examine referral fees – Law Society’s Gazette

Posted November 9th, 2009 in consumer protection, fees, Legal Services Board, news by sally

“The Legal Services Board’s new consumer panel will examine referral fees as the very first item on its agenda when it meets for the first time later this month, the Gazette has learned.”

Full story

Law Society’s Gazette, 9th November 2009

Source: www.lawgazette.co.uk

Caution for assault ‘will one day be followed by murder’ – The Times

Posted November 9th, 2009 in assault, cautions, news by sally

“Concern is increasing among judges and magistrates that thousands of cautions are being handed out by police or prosecutors for violent assaults that should come before courts.”

Full story

The Times, 9th November 2009

Source: www.timesonline.co.uk

MPs to face ‘trial’ if they refuse to repay expenses claims – Daily Telegraph

Posted November 9th, 2009 in expenses, news, parliament by sally

“MPs who refuse to repay excessive or incorrect expenses claims could be forced to appear in public before a High Court judge to plead their case.”

Full story

Daily Telegraph, 8th November 2009

Source: www.telegraph.co.uk

Network set up to support lawyers defending journalists – The Guardian

Posted November 9th, 2009 in freedom of expression, media, news by sally

“The Media Legal Defence Initiative, launched last week, aims to help journalists around the world by providing lawyers willing to fight for media freedoms.”

Full story

The Guardian, 9th November 2009

Source: www.guardian.co.uk