Month: March 2010

Regina v Upper Bay Ltd – WLR Daily

Posted March 4th, 2010 in appeals, children, duty of care, health & safety, law reports, parental responsibility by sally

Regina v Upper Bay Ltd [2010] WLR (D) 60

“The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility.”

WLR Daily, 3rd 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 (Lewis) v Redcar and Cleveland Borough Council (No 2) – WLR Daily

Posted March 4th, 2010 in commons, law reports, Supreme Court by sally

Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) [2010] UKSC 11; [2010] WLR (D) 59

“The tripartite test of nec vi, nec clam, nec precario (not by force, nor stealth, nor the licence of the owner) was sufficient to establish that land which had been used by local inhabitants for lawful sports and pastimes for 20 years had been used ‘as of right’ so that they were entitled to have the land registered as a town or village green under s 15 of the Commons Act 2006. It was not necessary to impose a further test as to whether it would have appeared to a reasonable landowner that the local inhabitants were asserting a right to use the land for the lawful sports and pastimes in which they were indulging. If confronted by such use over a period of 20 years, it was reasonable to expect a landowner to resist or restrict the use if he wished to avoid the possibility of registration.”

WLR Daily, 3rd 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 (Lewis) v Redcar and Cleveland Borough Council and Another – Times Law Reports

Posted March 4th, 2010 in law reports by sally

Regina (Lewis) v Redcar and Cleveland Borough Council and Another

Supreme Court

“Where land had been used for lawful sports and pastimes for at least 20 years and local inhabitants had not tried to prevent golf being played there did not preclude the inhabitants’ use of the land from being as of right so as to allow it to be registered as a town green.”

The Times, 4th March 2010

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted March 4th, 2010 in legislation by sally

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

The Building Societies (Financial Assistance) Order 2010

The National Assembly for Wales (Legislative Competence) (Transport) Order 2010

The Port Security (Avonmouth Dock and Royal Portbury Dock and Port of Bristol Security Authority) Designation Order 2010

The General Medical Council (Marking of the General Practitioner Register) Regulations Order of Council 2010

The General Medical Council (Marking of the General Practitioner Register) Regulations Order of Council 2010

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (Commencement No.1) Order of Council 2010

The Government Resources and Accounts Act 2000 (Commencement No. 2 and Transitional Provision) Order 2010

The Rail Vehicle Accessibility (Applications for Exemption Orders) Regulations 2010

The Welsh Ministers (Transfer of Fire and Rescue Service Equipment) Order 2010

The Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010

The Passengers’ Council (Non-Railway Functions) Order 2010

The Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2010

The Adoption Support Agencies (England) (Amendment) Regulations 2010

The Health Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2010

The Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) (Amendment) Order 2010

The Finance Act 2008 (Penalties for Errors and Failure to Notify etc) (Consequential Amendments) Order 2010

The Scallop Fishing (Wales) (No.2) Order 2010

The Non-Domestic Rating (Demand Notices) (Wales) (Amendment) Regulations 2010

The Non-Domestic Rating (Unoccupied Property) (Wales) (Amendment) Regulations 2010

The Non-Domestic Rating (Small Business Relief) (Wales) (Amendment) Order 2010

The Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010

The Community Health Councils (Establishment, Transfer of Functions and Abolition) (Wales) Order 2010

The Housing Renewal Grants (Amendment) (Wales) Regulations 2010

The General Medical Council (Registration Appeals Panels Procedure) Rules Order of Council 2010

Source: www.opsi.gov.uk

Straw announces new vision for legal aid delivery – Ministry of Justice

Posted March 4th, 2010 in legal aid, Ministry of Justice, news by sally

“The Ministry of Justice has today announced new plans for the future delivery of legal aid.”

Full story

Ministry of Justice, 3rd March 2010

Source: www.justice.gov.uk

Top family law post vacant after challenge to government critic – The Times

Posted March 4th, 2010 in news by sally

“Jack Straw has challenged the appointment of a new head of the family justice system who castigated the Government over its policies, including opening family courts, The Times has learnt.”

Full story

The Times, 4th March 2010

Source: www.timesonline.co.uk

Most consumers ‘cannot tell good lawyer from bad one’ – Law Society’s Gazette

Posted March 4th, 2010 in consumer protection, legal services, news by sally

“Most consumers could not tell a good lawyer from a bad one, according to Ministry of Justice research published this week.”

Full story

Law Society’s Gazette, 4th March 2010

Source: www.lawgazette.co.uk

Gay weddings to be allowed in church – The Independent

Posted March 4th, 2010 in bills, Church of England, civil partnerships, homosexuality, Judaism, news, sexual orientation discrimination by sally

“Gay men and women will finally be allowed to marry in churches after the House of Lords dramatically voted in favour of lifting the ban on religious premises holding same-sex partnerships.”

Full story

The Independent, 3rd March 2010

Source: www.independent.co.uk

Dangerous terrorist suspects are on the streets because of judges’ decisions, watchdog says – Daily Telegraph

Posted March 4th, 2010 in control orders, judiciary, news, public interest, terrorism by sally

“Dangerous terror suspects are walking the streets as the result of a ruling by the UK Supreme Court, a terrorism watchdog has said.”

Full story

Daily Telegraph, 3rd March 2010

Source: www.telegraph.co.uk

Binyam Mohamed judgment: was Jonathan Sumption right to complain? – The Times

Posted March 4th, 2010 in news by sally

“Last week’s decision of the appeal court judges in the case of Binyam Mohamed, to restore their original criticisms of the security services, shone a light on the practice by which judges circulate their draft judgments privately before publishing them.”

Full story

The Times, 3rd March 2010

Source: www.timesonline.co.uk

Property salesman jailed over money laundering – The Independent

Posted March 4th, 2010 in money laundering, news, sentencing by sally

“A man who tried to smuggle nearly £60,000 of cash out of the country in his underpants was jailed for four years today.”

Full story

The Independent, 3rd March 2010

Source: www.independent.co.uk

25 year starting point for knife killers – Ministry of Justice

Posted March 4th, 2010 in Ministry of Justice, news, offensive weapons, sentencing by sally

“Those who go onto the street armed with a knife and commit murder now face significantly longer jail terms.”

Full story

Ministry of Justice, 3rd March 2010

Source: www.justice.gov.uk

Libel lawyers have success fees cut up to 90 per cent – Daily Telegraph

Posted March 4th, 2010 in costs, defamation, fees, media, news, solicitors by sally

“Libel lawyers will have their success fees cut by 90 per cent under a Government ruling which has been hailed as a victory for press freedom.”

Full story

Daily Telegraph, 4th March 2010

Source: www.telegraph.co.uk

Ministers axe Legal Services Commission to wrest back control of legal aid budget – The Guardian

Posted March 4th, 2010 in legal aid, news by sally

“The body in charge of the £2.1bn legal aid budget is to be abolished after 10 years , as part of radical changes to the way lower-income people access justice, ministers announced today (3 March).”

Full story

The Guardian, 3rd March 2010

Source: www.guardian.co.uk

Inspectors call for review of ‘unsustainable’ indefinite prison sentences – Daily Telegraph

Posted March 4th, 2010 in news, prisons, probation, rehabilitation, reports, sentencing by sally

“Inspectors have called for a ministerial review of indefinite prison sentences, saying the current situation was ”unsustainable”.”

Full story

Daily Telegraph, 4th March 2010

Source: www.telegraph.co.uk

Landmark Court of Appeal ruling on retainers – Law Society’s Gazette

Posted March 4th, 2010 in fees, law firms, news, solicitors by sally

“Solicitors who cease acting for a client where the case has no chance of success on points of law are entitled to be paid for the work done up to that point, the Court of Appeal has ruled.”

Full story

Law Society’s Gazette, 4th March 2010

Source: www.lawgazette.co.uk

Supreme court preserves Coatham Common from housebuilding – The Guardian

Posted March 4th, 2010 in commons, news, planning, Supreme Court by sally

“Britain’s highest court today overturned a series of rulings and backed a campaign to save an undeveloped oasis on industrial Teesside as a village green.”

Full story

The Guardian, 3rd March 2010

Source: www.guardian.co.uk

Major new project on expert witness fees – Ministry of Justice

Posted March 4th, 2010 in expert witnesses, legal aid, Ministry of Justice, news by sally

“The Ministry of Justice announces the launch of a new project to review current fee arrangements and deliver new fee structures for professional expert witnesses.”

Full story

Ministry of Justice, 3rd March 2010

Source: www.justice.gov.uk

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

Posted March 3rd, 2010 in appeals, law reports, offensive weapons, school children, school exclusions by sally

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.