Recent Statutory Instruments – OPSI

Posted March 18th, 2010 in legislation by sally

The Immigration and Nationality (Fees) Regulations 2010

The Train Driving Licences and Certificates Regulations 2010

The M20 Motorway (Junctions 4 to 7) (Variable Speed Limits) Regulations 2010

The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010

The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010

The Finance Act 2009, Schedule 50 (Record-keeping) (Appointed Day) Order 2010

The Hertfordshire Primary Care Trust (Establishment) and East and North Hertfordshire Primary Care Trust and West Hertfordshire Primary Care Trust (Dissolution) Order 2010

The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) Regulations 2010

The Portland Harbour Revision Order 2010

The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2010

The Family Proceedings (Amendment) Rules 2010

The British Nationality (General) (Amendment) Regulations 2010

The Asylum Support (Amendment) Regulations 2010

The UK Border Agency (Complaints and Misconduct) Regulations 2010

The Social Security Benefit (Persons Abroad) (Amendment) Regulations 2010

The Retention of Knives in Court Regulations 2010

The Copyright Tribunal Rules 2010

The Social Security (Claims and Payments) Amendment Regulations 2010

The Banking Act 2009 (Inter-Bank Payment Systems) (Disclosure and Publication of Specified Information) Regulations 2010

The Coleg Meirion-Dwyfor Further Education Corporation (Dissolution) Order 2010

The Council Tax (Prescribed Classes of Dwellings) (Wales) (Amendment) Regulations 2010

The Council Tax (Electronic Communications) (Wales) Order 2010

Source: www.opsi.gov.uk

Student’s jail sentence for confronting muggers is overturned – Daily Telegraph

Posted March 18th, 2010 in affray, appeals, news, offensive weapons, robbery, self-defence, victims by sally

“A student jailed for confronting a gang of muggers has been freed by judges on appeal.”

Full story

Daily Telegraph, 18th March 2010

Source: www.telegraph.co.uk

Courts service changes in England – Ministry of Justice

Posted March 18th, 2010 in consultations, courts, Ministry of Justice, news by sally

“Justice Secretary Jack Straw has made a statement on the closure of 20 under-used courts following full public consultations.”

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Ministry of Justice, 18th March 2010

Source: www.justice.gov.uk

Tullett Prebon wins staff poaching claim against BGC Partners – The Times

Posted March 18th, 2010 in news by sally

“Tullett Prebon, the interdealer broker, was the victim of an unlawful conspiracy by a rival to poach its senior staff, the High Court ruled today.”

Full story

The Times, 18th March 2010

Source: www.timesonline.co.uk

Judge rejects ‘toxic sofa’ claims in burns injury cases – BBC News

“More than 300 people who suffered burns from a chemical used on Land of Leather sofas will not receive compensation, the High Court has ruled.”

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BBC News, 18th March 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 18th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Lewis & Ors, R v [2010] EWCA Crim 496 (17 March 2010)

Court of Appeal (Civil Division)

Saccoccia v Crown Prosecution Service & Anor [2010] EWCA Civ 259 (16 March 2010)

Owens v Noble [2010] EWCA Civ 224 (10 March 2010)

Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265 (17 March 2010)

High Court (Chancery Division)

Maslyukov v Diageo Distilling Ltd & Anor [2010] EWHC 443 (Ch) (17 March 2010)

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales & Anor [2010] EWHC 520 (Ch) (17 March 2010)

Tom Hoskins Plc v EMW Law (a firm) [2010] EWHC 479 (Ch) (11 March 2010)

High Court (Administrative Court)

Odes v General Medical Council [2010] EWHC 552 (Admin) (17 March 2010)

Source: www.bailii.org

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church – WLR Daily

Posted March 18th, 2010 in appeals, child abuse, employment, law reports, vicarious liability by sally

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256; [2010] WLR (D) 76

“An archdiocese of the Roman Catholic Church was vicariously liable for the sexual abuse of a non-Catholic boy by a priest with special responsibility for youth work on the basis that there was a sufficient connection between the work he was employed to do and the abuse perpetrated.”

WLR Daily, 17th 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.

Lords demand curbs on pleural plaques compensation fees – Law Society’s Gazette

Posted March 18th, 2010 in asbestos, bills, compensation, fees, industrial injuries, news by sally

“Solicitors and claims management companies (CMCs) acting in pleural plaques compensation cases should have their legal fees severely curtailed, the House of Lords heard last week.”

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Law Society’s Gazette, 18th March 2010

Source: www.lawgazette.co.uk

Scheme launched to reduce reoffending in short term prisoners – Ministry of Justice

Posted March 18th, 2010 in Ministry of Justice, news, recidivists, rehabilitation by sally

“An innovative scheme aimed at reducing reoffending rates for short term prisoners was launched today by Justice Secretary Jack Straw.”

Full story

Ministry of Justice, 18th March 2010

Source: www.justice.gov.uk

Roman Abramovich wins libel case over gambling claims – Daily Telegraph

Posted March 18th, 2010 in damages, defamation, media, news by sally

“Chelsea FC owner Roman Abramovich has accepted a public apology and substantial libel damages at the High Court over false newspaper allegations that he had a serious gambling problem.”

Full story

Daily Telegraph, 18th March 2010

Source: www.telegraph.co.uk

Eady claims libel tourism is a ‘myth’ – Law Society’s Gazette

Posted March 18th, 2010 in defamation, news by sally

“Libel tourism is a ‘myth’ spread by parties unhappy at the outcome of cases, Britain’s best-known media judge has claimed.”

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Law Society’s Gazette, 18th March 2010

Source: www.lawgazette.co.uk

Government will reintroduce site-blocking power in Commons – OUT-LAW.com

Posted March 18th, 2010 in bills, copyright, internet, news by sally

“The Government has pledged to find a way to force ISPs to block access to websites accused of hosting copyright-infringing material despite the dropping of a controversial amendment to that effect in its Digital Economy Bill.”

Full story

OUT-LAW, 17th March 2010

Source: www.out-law.com

Solicitors alarmed by associate prosecutor proposals – Law Society’s Gazette

Posted March 18th, 2010 in courts, Law Society, legal profession, magistrates, news, rights of audience by sally

“Proposals that could enable ‘associate prosecutors’ with no legal qualifications to conduct magistrates’ court trials amount to ‘justice on the cheap’ and herald the ‘de-lawyering’ of the magistrates’ court, solicitors have warned.”

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Law Society’s Gazette, 18th March 2010

Source: www.lawgazette.co.uk

‘Free care for vulnerable’ bill killed off by Lords coalition – The Guardian

Posted March 18th, 2010 in bills, elderly, local government, news, social services by sally

“The government conceded that its eye-catching bill to provide free care at home for the vulnerable will have to wait until after the election after peers inflicted a series of defeats.”

Full story

The Guardian, 18th March 2010

Source: www.guardian.co.uk

Woman loses legal battle to keep pet dog – The Independent

Posted March 18th, 2010 in disability discrimination, dogs, housing, news by sally

“A woman who says her dog is the reason for getting up in the morning lost a legal battle today to be allowed to keep pet Alfie at her housing association flat.”

Full story

The Independent, 17th March 2010

Source: www.independent.co.uk

‘Dog tax’ proposal ditched a week after it was mooted – The Independent

Posted March 18th, 2010 in consultations, dogs, insurance, news by sally

“The Government has ditched proposals for a ‘dog tax’ that would force owners to insure against their pets attacking people barely a week after the idea was first floated.”

Full story

The Independent, 17th March 2010

Source: www.independent.co.uk

We tend to assume that our unwritten constitution could weather any crisis – The Times

Posted March 18th, 2010 in news by sally

“We tend to assume that our unwritten constitution is fundamentally sound and could weather any crisis. But like the levees in New Orleans and Lehman Brothers in New York, we generally fail to take the risk of low-probability, high-impact events into consideration. As Daniel Finkelstein, the Times writer, has recently argued in a different context, we should not ask if our constitution can withstand day-to-day life – the test is whether it could survive Katrina, or a credit crunch. The lesson of the last few years is that, in Donald Rumsfeld’s words, ‘Stuff happens’ – even unlikely events do occur.”

Full story

The Times, 18th March 2010

Source: www.timesonline.co.uk

Teenager guilty of killing baby daughter in Lancashire – BBC News

Posted March 18th, 2010 in children, homicide, news, young offenders by sally

“A 17-year-old boy has been convicted of killing his baby daughter in Lancashire by shaking her during a momentary loss of temper.”

Full story

BBC News, 17th March 2010

Source: www.bbc.co.uk

The Big Question: Should legal-high drugs such as mephedrone now be made illegal? – The Independent

Posted March 18th, 2010 in drug offences, news by sally

“Why are we asking this now?

Two teenagers from Scunthorpe, Louis Wainwright, 18, and Nicholas Smith, 19, died on Monday, apparently after taking mephedrone. Police are investigating whether they were taking other drugs. Their deaths have focused attention on the perils of so called ‘legal highs’, chemical and herbal preparations sold on the high street and over the web which are claimed to have effects similar to illegal drugs of abuse but have not been specifically banned.”

Full story

The Independent, 18th March 2010

Source: www.independent.co.uk

Report sheds light on role of UK ministers in overseas torture – The Guardian

Posted March 18th, 2010 in intelligence services, news, reports, torture by sally

“The role of ministers in sanctioning activities by security and intelligence officers abroad which could be unlawful if carried out in Britain will be highlighted in guidelines published for the first time tomorrow, according to Whitehall officials.”

Full story

The Guardian, 17th March 2010

Source: www.guardian.co.uk