Recent Statutory Instruments – OPSI

Posted March 3rd, 2010 in legislation by sally

The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010

The Occupational Pension Schemes (Levies) (Amendment) Regulations 2010

The Violent Crime Reduction Act 2006 (Commencement No. 8) Order 2010

The Work and Families Act 2006 (Commencement No. 4) Order 2010

The Railways (Public Service Obligations) Regulations 2010

The Registration of Civil Partnerships (Fees) (Amendment) Order 2010

The Registration of Births, Deaths and Marriages (Fees) Order 2010

The Tobacco Advertising and Promotion (Display) (England) Regulations 2010

The Tobacco Advertising and Promotion (Specialist Tobacconists) (England) Regulations 2010

The Local Authorities (Capital Finance and Accounting) (Amendment) (England) Regulations 2010

The Central Rating List (England) (Amendment) Regulations 2010

The Animal Gatherings Order 2010

The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2010

The Regulation of Investigatory Powers (Extension of Authorisation Provisions: Legal Consultations) Order 2010

The Social Security Pensions (Low Earnings Threshold) Order 2010

The Social Security Revaluation of Earnings Factors Order 2010

The General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2010

The Value Added Tax (Buildings and Land) Order 2010

The Value Added Tax (Construction of Buildings) Order 2010

The Employment Relations Act 1999 (Blacklists) Regulations 2010

Source: www.opsi.gov.uk

Regina (LG) v Independent Appeal Panel for Tom Hood School (Secretary of State for Children, Schools and Families, interested party) – WLR Daily

Regina (LG) v Independent Appeal Panel for Tom Hood School (Secretary of State for Children, Schools and Families, interested party) [2010] EWCA Civ 142; [2010] WLR (D) 56

“A decision on the balance of probabilities that a school pupil had produced a knife during a fight was sufficient to found his permanent exclusion from the school. It did not infringe his right to a fair hearing before the decision-maker under art 6 of the European Convention on Human Rights and Fundamental Freedoms, since he had no arguable right under domestic law to continue to be educated at the school without good reason, and thus had no ‘civil right’ to do so. The appeal panel was not determining a criminal charge against the pupil: the sanction of permanent exclusion from a particular school was insufficiently severe to render the charge against him criminal.”

WLR Daily, 2nd March 2010

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.

Regina v Sheppard; Regina v Whittle – Times Law Reports

Posted March 3rd, 2010 in law reports by sally

Regina v Sheppard; Regina v Whittle

Court of Appeal

“The courts of England and Wales had jurisdiction over offences relating to racially inflammatory material if a substantial measure of the activities constituting the crime had taken place within the jurisdiction.”

The Times, 3rd March 2010

Source: www.timesonline.co.uk

Regina v Iqbal – Times Law Reports

Posted March 3rd, 2010 in law reports by sally

Regina v Iqbal

Court of Appeal

“For the time for proceedings for a confiscation order to be postponed, or extended beyond the permitted period of two years starting with the date of conviction, an application had to be made during the permitted period.”

The Times, 3rd March 2010

Source: www.timesonline.co.uk

Gulf International Ltd v Groupe Chimique Tunisien – Times Law Reports

Posted March 3rd, 2010 in law reports by sally

Gulf International Ltd v Groupe Chimique Tunisien

Court of Appeal

“An English court could restrain a party to a contract governed by English law from instituting any action in a foreign court contrary to an arbitration agreement in the contract.”

The Times, 3rd March 2010

Source: www.timesonline.co.uk

Aborigines to sue British Government over nuclear tests – Daily Telegraph

Posted March 3rd, 2010 in class actions, compensation, news, nuclear weapons by sally

“Australian aborigines and former servicemen are to sue the British Ministry of Defence over diseases and disabilities that they claim were caused by nuclear testing in the Outback more than 50 years ago.”

Full story

Daily Telegraph, 2nd March 2010

Source: www.telegraph.co.uk

Peers vote to allow homosexuals to marry in church – Daily Telegraph

Posted March 3rd, 2010 in bills, civil partnerships, news, sexual orientation discrimination by sally

“Homosexuals may be allowed to hold civil partnership ceremonies in churches after the House of Lords voted in favour of scrapping a ban on same-sex religious unions.”

Full story

Daily Telegraph, 3rd March 2010

Source: www.telegraph.co.uk

UK violated jailed Iraqis’ rights – The Independent

Posted March 3rd, 2010 in human rights, Iraq, news by sally

“The Government was found guilty yesterday of violating the human rights of two Iraqis accused of murdering two captive British soldiers in 2003.”

Full story

The Independent, 3rd March 2010

Source: www.independent.co.uk

Cornish bible student jailed in road rage knife row – BBC News

Posted March 3rd, 2010 in compensation, news, offensive weapons, wounding by sally

“A bible student who threatened a dustman with a knife during a road rage incident has been jailed for 15 months.”

Full story

BBC News, 2nd March 2010

Source: www.bbc.co.uk

More than 150 children convicted of crimes every day – Daily Telegraph

Posted March 3rd, 2010 in children, crime, news, young offenders by sally

“More than 150 children are convicted every day of crimes including violent assaults and burglary, with some offenders as young as 10 years-old.”

Full story

Daily Telegraph, 3rd March 2010

Source: www.telegraph.co.uk

The Big Question: Is the Yorkshire Ripper going to be released early from prison? – The Independent

Posted March 3rd, 2010 in early release, mental health, murder, news, sentencing by sally

“Why are we asking this now?

The serial killer Peter Sutcliffe, who was given 20 life sentences in 1981 for murdering 13 women – he was known as the Yorkshire Ripper because he mutilated his victims’ bodies with a sharpened screwdriver – has applied to the High Court for a ruling on how much longer he must serve in jail.”

Full story

The Independent, 3rd March 2010

Source: www.independent.co.uk

‘Sarah’s law’ pilot scheme prompts revenge fears – The Guardian

Posted March 3rd, 2010 in grandparents, news, parental rights, pilot schemes, sexual offences by sally

“Fathers raising concerns about their ex-partner’s new boyfriends are one of the largest groups applying for public disclosure of details of convicted child sex offenders under a newly completed pilot scheme.”

Full story

The Guardian, 3rd March 2010

Source: www.guardian.co.uk

Police condemned for asking a judge to give lenient sentences to burglars – Daily Telegraph

Posted March 3rd, 2010 in burglary, news, police, sentencing by sally

“Police have been condemned for asking a judge to give lenient sentences to burglars who had helped officers to clear their books.”

Full story

Daily Telegraph, 3rd March 2010

Source: www.telegraph.co.uk

Ex-army sergeant ‘directed’ webcam child abuse – BBC News

“An ex-army sergeant has been jailed for five years for directing child sex abuse films thousands of miles away via his webcam.”

Full story

BBC News, 2nd March 2010

Source: www.bbc.co.uk

The Human Rights Act does protect us – The Guardian

Posted March 3rd, 2010 in human rights, legislation, news by sally

“Bills of rights serve many purposes. In young nations they can help heal wounds and bring formerly warring factions together. In older democracies, a clear articulation of hard-won freedoms should ward off complacency and remind a society of its foundations. In either event, no bill, charter, declaration or rights act is worth its salt unless it goes some way towards protecting the vulnerable from neglect of duty and abuse of power.”

Full story

The Guardian, 2nd March 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted March 3rd, 2010 in legislation by sally

The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2010

The Additional Paternity Leave Regulations 2010

The Additional Statutory Paternity Pay (General) Regulations 2010

The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010

The Additional Paternity Leave (Adoptions from Overseas) Regulations 2010

The Pensions Regulator (Contribution Notices) (Sum Specified following Transfer) Regulations 2010

The Damages-Based Agreements Regulations 2010

The Atomic Weapons Establishment (AWE) Burghfield Byelaws 2010

The Buckinghamshire Hospitals National Health Service Trust (Trust Funds: Appointment of Trustees) Revocation Order 2010

The Pensions Act 2008 (Commencement No. 6) Order 2010

The Electricity (Exemption from the Requirement for a Generation Licence) (Keadby) (England and Wales) Order 2010

The NHS Professionals Special Health Authority (Abolition) Order 2010

The Electricity (Exemption from the Requirement for a Generation Licence) (Millennium and Kilbraur) (Scotland) Order 2010

The Fish Labelling (England) Regulations 2010

The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010

The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2010

The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2010

The Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order 2010

The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010

The Social Security (Notification of Changes of Circumstances) Regulations 2010

The Education (Student Support) (European University Institute) Regulations 2010

The London Skills and Employment Board (Specified Functions) Order 2010

The Finance Act 2009, Schedule 56 (Appointed Day and Consequential Provisions) Order 2010

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted March 3rd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Franked Investment Group Litigation Test Claimants v Inland Revenue & Anor [2010] EWCA Civ 103 (23 February 2010)

Higgins & Anor v The Crown [2010] EWCA Crim 308 (24 February 2010)

Attorney General Refrence No 101 of 2009 [2010] EWCA Crim 238 (10 February 2010)

Tomkins, R. v [2010] EWCA Crim 244 (05 February 2010)

Irving, R. v [2010] EWCA Crim 189 (04 February 2010)

McCreesh & Anor, R. v [2010] EWCA Crim 314 (12 February 2010)

B, R. v (Rev 1) [2010] EWCA Crim 315 (12 February 2010)

Chisholm,R. v [2010] EWCA Crim 258 (03 February 2010)

Source: www.bailii.org