Month: March 2010

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) – WLR Daily

Posted March 9th, 2010 in appeals, birth, hospitals, law reports, negligence, personal injuries, time limits by sally

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) [2010] EWCA Civ 195; [2010] WLR (D) 66

“A claimant bringing an action in negligence for personal injury out of time had constructive knowledge of the relevant facts for the purposes of s 14 of the Limitation Act 1980 if, considered objectively, he had the knowledge which he might reasonably have been expected to acquire having regard to all the circumstances of the case.”

WLR Daily, 8th 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.

Martin v HM Advocate; Miller v HM Advocate – Times Law Reports

Posted March 9th, 2010 in law reports by sally

Martin v HM Advocate; Miller v HM Advocate

Supreme Court

“It was within the competence of the Scottish Parliament to enact a provision which raised to 12 months the maximum term of imprisonment which a sheriff sitting without a jury could impose for the offence of driving while disqualified.”

The Times, 9th March 2010

Source: www.timesonline.co.uk

Christian registrar denied leave to appeal gay wedding refusal – Daily Telegraph

Posted March 9th, 2010 in appeals, civil partnerships, news, sexual orientation discrimination by sally

“A Christian registrar who lost her job after she refused to carry out civil partnership ceremonies has been refused permission to appeal to the Supreme Court.”

Full story

Daily Telegraph, 9th March 2010

Source: www.telegraph.co.uk

Torture trial secrecy unfair, court told – The Guardian

Posted March 9th, 2010 in civil justice, news, private hearings, trials by sally

“The government is trying to create a new form of secret trial that would introduce ‘fundamental unfairness’ into the civil law, the court of appeal heard today.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

ASA to take over Facebook, Twitter regulation – OUT-LAW.com

Posted March 9th, 2010 in advertising, internet, news by sally

“Advertising regulator the Advertising Standards Authority (ASA) will take over the regulation of companies’ social networking pages by the end of the year, according to advertising industry proposals.”

Full story

OUT-LAW.com, 8th March 2010

Source: www.out-law.com

Jon Venables could be killed if his identity is revealed, key judge warns – The Guardian

Posted March 9th, 2010 in anonymity, news, probation by sally

“The judge who granted anonymity to the killers of the murdered two-year-old, James Bulger, warned last night that Jon Venables could be murdered if his new identity is revealed.”

Full story

The Guardian, 9th March 2010

Source: www.guardian.co.uk

Owners will be forced to microchip dogs in new curbs on ‘weapon’ pets – The Times

Posted March 9th, 2010 in news by sally

“Dog owners face a new pet ‘tax’ in a government initiative to tackle the menace of dangerous dogs.”

Full story

The Times, 9th March 2010

Source: www.timesonline.co.uk

UK’s ‘longest miscarriage of justice’ heads back to appeal court – The Guardian

Posted March 9th, 2010 in appeals, Criminal Cases Review Commission, miscarriage of justice, murder, news by sally

“The case of a man convicted of a murder in London nearly 35 years ago is to be sent back to the court of appeal. Campaigners claim that the case is one of Britain’s longest-running miscarriages of justice.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Snoop Dogg: US rapper wins £100,000 legal fight to visit Britain – Daily Telegraph

Posted March 9th, 2010 in appeals, news, public interest, public order, visas by sally

“The controversial American rapper, Snoop Dogg, has won an expensive legal battle against the British government, after it tried to ban him from visiting the country.”

Full story

Daily Telegraph, 9th March 2010

Source: www.telegraph.co.uk

Judges told they have no power to allow secret evidence in Guantanamo case – The Times

Posted March 9th, 2010 in news by sally

“Three of the country’s top judges were told yesterday that they had no power to allow ministers to use secret evidence in fighting a damages claim by six former Guantanamo Bay detainees over alleged ill-treatment.”

Full story

The Times, 9th March 2010

Source: www.timesonline.co.uk

Jon Venables: the right to know – The Guardian

Posted March 9th, 2010 in anonymity, confidentiality, news, trials by sally

“Justice cannot be served at trial unless Jack Straw holds his nerve on unmasking Jon Venables.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Civil unrest as criminal QC appointments escalate – The Lawyer

Posted March 8th, 2010 in criminal procedure, legal profession, news, queen's counsel by sally

“The QC appointments panel reduced dramatically the number of civil ­barristers who made silk in the 2010 competition, raising ­concerns about whether the appointments process is ­fundamentally flawed.”

Full story

The Lawyer, 8th March 2010

Source: www.thelawyer.com

Bar Standards Board raps BPP Law School for taking on too many students – The Lawyer

Posted March 8th, 2010 in barristers, legal education, news, universities by sally

“BPP Law School has been put under scrutiny after the Bar Standards Board (BSB) published a report on its ’triggered visit’ to the ­institution, which was prompted by the fact BPP’s BVC was oversubscribed.”

Full story

The Lawyer, 8th March 2010

Source: www.thelawyer.com

Courts distrust evidence from social workers – The Guardian

Posted March 8th, 2010 in evidence, expert witnesses, judiciary, news, social services by sally

“Courts are refusing applications to take children into care because some members of the judiciary hold social workers in such low esteem that they do not trust their evidence, it will be claimed this week in a major study.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted March 8th, 2010 in legislation by sally

The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2010

The Motor Vehicles (Tests) (Amendment) Regulations 2010

The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2010

The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2010

The Public Service Vehicles (Operators’ Licences) (Amendment) Regulations 2010

The Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations 2010

The National Health Service Trusts (Originating Capital) Order 2010

The Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2010

The Regulation of Investigatory Powers (Communications Data) Order 2010

The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2010

The Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights) Amendment Regulations 2010

The Social Security (Claims and Information) (Amendment) Regulations 2010

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

The Qualifications and Curriculum Development Agency’s Remit Order 2010

The Food Hygiene (England) (Amendment) Regulations 2010

The Common Agricultural Policy Single Payment and Support Schemes Regulations 2010

The Welfare of Racing Greyhounds Regulations 2010

The Access to the Countryside (Coastal Margin) (England) Order 2010

The Value Added Tax (Amendment) Regulations 2010

The Asylum (Designated States) Order 2010

The Coroners (Amendment) Rules 2010

The National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2010

The Veterinary Surgery (Vaccination of Badgers Against Tuberculosis) Order 2010

The Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2010

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2010

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted March 8th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Johnson, R. v [2010] EWCA Crim 385 (04 March 2010)

Court of Appeal (Civil Division)

Houldsworth & Anor v Bridge Trustees Ltd & Anor [2010] EWCA Civ 179 (04 March 2010)

Malik v Kalyan [2010] EWCA Civ 113 (04 March 2010)

High Court (Chancery Division)

Vercoe & Ors v Rutland Fund Management Ltd & Ors [2010] EWHC 424 (Ch) (05 March 2010)

Bellway Homes Ltd v Beazer Homes Ltd [2010] EWHC 423 (Ch) (04 March 2010)

Foodco UK Llp (t/a Muffin Break) & Ors v Henry Boot Developments Ltd [2010] EWHC 358 (Ch) (03 March 2010)

High Court (Queen’s Bench Division)

Brown ( A Minor) v Emery [2010] EWHC 388 (QB) (04 March 2010)

High Court (Administrative Court)

Siraj, R (on the application of) v Kirkless Council & Ors [2010] EWHC 444 (Admin) (05 March 2010)

SB (Uganda) v Secretary of State for the Home Department [2010] EWHC 338 (Admin) (24 February 2010)

Source: www.bailii.org

Corporation Tax Act 2010

Posted March 8th, 2010 in corporation tax, legislation by sally

Corporation Tax Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) – WLR Daily

Posted March 8th, 2010 in appeals, law reports, pensions, winding up by sally

Bridge Trustees Ltd v Yates and others (Secretary of State for Work and Pensions intervening) [2010] EWCA Civ 179; [2010] WLR (D) 65

“Where a hybrid occupational pension scheme was being wound up the benefits derived from voluntary contributions made to the scheme by the employee and matched by their employer’s contribution, ranked first in order of priority in the winding up of the scheme.”

WLR Daily, 4th 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.

In re W (Children) (Family proceedings: Evidence) – Times Law Reports

Posted March 8th, 2010 in law reports by sally

In re W (Children) (Family proceedings: Evidence)

Supreme Court

“A presumption that a child should not be called to give evidence in family proceedings could not be reconciled with the rights of all concerned in those proceedings under articles 6 and 8 of the European Convention on Human Right and accordingly would no longer be regarded as appropriate.”

The Times, 8th March 2010

Source: www.timesonline.co.uk

Kerb-crawlers to be arrested on first offence – BBC News

Posted March 8th, 2010 in news, prostitution by sally

“Kerb-crawlers can be arrested on their first offence under new laws, Home Office minister Alan Campbell said.”

Full story

BBC News, 8th March 2010

Source: www.bbc.co.uk