BAILII: Recent Decisions

Posted April 6th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference No. 116 of 2009 [2010] EWCA Crim 577 (11 March 2010)

Court of Appeal (Civil Division)

MC (Algeria), R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 347 (31 March 2010)

Raissi v Secretary of State for Justice [2010] EWCA Civ 337 (31 March 2010)

Clarke & Anor v Corless & Anor [2010] EWCA Civ 338 (31 March 2010)

Child Maintenance and Enforcement Commission v Mitchell [2010] EWCA Civ 333 (30 March 2010)

British Chiropractic Association v Singh [2010] EWCA Civ 350 (01 April 2010)

High Court (Administrative Court)

Bailey, R (on the application of) v Central Criminal Court [2010] EWHC 667 (Admin) (19 March 2010)

High Court (Patents Court)

Schutz (UK) Ltd v Werit UK Ltd & Anor [2010] EWHC 660 (Pat) (31 March 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted April 6th, 2010 in legislation by sally

The Teachers’ Pensions Regulations 2010

The Motor Vehicles (Off Road Events) (Amendment) (England) Regulations 2010

The Crossrail (Devolution of Functions) Order 2010

The Management of Offenders etc. (Scotland) Act 2005 (Disclosure of Information) Order 2010

The Health Act 2009 (Commencement No. 3) Order 2010

The Consumer Credit (EU Directive) Regulations 2010

The Consumer Credit (Agreements) Regulations 2010

The Consumer Credit (Disclosure of Information) Regulations 2010

The Consumer Credit (Advertisements) Regulations 2010

The Consumer Credit (Total Charge for Credit) Regulations 2010

The Motor Vehicle (Competitions and Trials) (Amendment) (England) Regulations 2010

The Planning (Hazardous Substances) (Amendment) (England) Regulations 2010

The Additional Paternity Leave Regulations 2010

The Additional Statutory Paternity Pay (General) Regulations 2010

The Employment Rights Act 1996 (Application of Section 80BB to Adoptions from Overseas) Regulations 2010

The Additional Statutory Paternity Pay (Weekly Rates) Regulations 2010

The Safeguarding Vulnerable Groups Act 2006 (Appropriate Officer and Schedule 7 Prescribed Persons) Regulations 2010

The Police Authority and Metropolitan Police Authority (Amendment) Regulations 2010

The Appointments Commission (Amendment) Regulations 2010

The Safeguarding Vulnerable Groups Act 2006 (Supervisory Authorities and Devolution Alignment) Order 2010

The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010

The Dairy (Specific Market Support Measure) Regulations 2010

The Beef and Pig Carcase Classification (England) Regulations 2010

The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) (Amendment) Regulations 2010

The Ordnance Survey Trading Fund (Maximum Borrowing) Order 2010

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2010

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2010

The Public Guardian (Fees, etc.) (Amendment) Regulations 2010

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2010

The Family Proceedings (Amendment) (No.2) Rules 2010

The Family Proceedings Courts (Children Act 1989) (Amendment) (No.2) Rules 2010

The Valuation Tribunal for Wales Regulations 2010

The Chief Executive of Skills Funding (Strategy for Birmingham City Region) Order 2010

The School Information (England) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Q&A: The Digital Economy bill – BBC News

Posted April 6th, 2010 in bills, copyright, internet, news by sally

“The Digital Economy Bill is due for its second reading in the House of Commons and could become law during the wash-up period, which sees outstanding legislation rushed through before a general election.”

Full story

BBC News, 6th April 2010

Source: www.bbc.co.uk

Historic Liberalisation of Permitted Practice at the Bar – Bar Standards Board

Posted April 6th, 2010 in barristers, law firms, legal profession, legal services, news by sally

“The Legal Services Board approves Bar Standards Board applications designed to relax provisions in Code of Conduct for barristers’ working practices.”

Full story

Bar Standards Board, 1st April 2010

Source: www.barstandardsboard.org.uk

Damages award for rights breach drug dealer – The Independent

Posted April 6th, 2010 in bail, damages, drug offences, news by sally

“A convicted drug dealer was awarded £880 compensation by a European court which ruled her human rights were breached by a British judge.”

Full story

The Independent, 2nd April 2010

Source: www.independent.co.uk

SFO counters critics with improved conviction rate – The Guardian

Posted April 6th, 2010 in compensation, fraud, news, Serious Fraud Office by sally

“The Serious Fraud Office published figures today showing its conviction rate had jumped over the last year despite steep budget cuts in a direct riposte to critics who have called for the crime agency to be scrapped.”

Full story

The Guardian, 1st April 2010

Source: www.guardian.co.uk

Call for ‘fuller’ debate on Digital Economy Bill – BBC News

Posted April 6th, 2010 in bills, copyright, internet, news by sally

“Opponents of the controversial Digital Economy Bill have urged MPs to give it ‘the debate it deserves’ when it is discussed in the Commons later.”

Full story

BBC News, 6th April 2010

Source: www.bbc.co.uk

Exclusive: Britain: A ‘safe haven’ for war criminals – The Independent

Posted April 6th, 2010 in news, war crimes by sally

“Record numbers of alleged mass murderers and torturers have found safe haven in the UK, making this country one of the war criminal capitals of the world, it is claimed today.”

Full story

The Independent, 6th April 2010

Source: www.independent.co.uk

Judges given free rein by ‘pitifully loose’ sentencing law – The Guardian

Posted April 6th, 2010 in legislation, news, sentencing by sally

“New legislation guiding judges on sentencing criminals is so ‘pitifully loose’ that judgments could become idiosyncratic and inconsistent, according to the head of the Sentencing Advisory Panel.”

Full story

The Guardian, 5th April 2010

Source: www.guardian.co.uk

Privacy watchdog can issue £500,000 fines from 6 April – OUT-LAW.com

Posted April 6th, 2010 in data protection, fines, news, privacy by sally

“Privacy regulator the Information Commissioner’s Office (ICO) will have the power to fine organisations for serious data protection breaches from Tuesday, 6th April. Organisations could receive fines of up to £500,000 under the new powers.”

Full story

OUT-LAW.com, 1st April 2010

Source: www.out-law.com

Ministry of Justice orders legal review of superinjunctions – The Guardian

Posted April 6th, 2010 in freedom of expression, injunctions, media, Ministry of Justice, news by sally

“A legal review of the use of superinjunctions to suppress media reporting has been ordered by the Ministry of Justice.”

Full story

The Guardian, 5th April 2010

Source: www.guardian.co.uk

Lap-dancing club rules change comes into force – BBC News

Posted April 6th, 2010 in licensing, local government, news, sex establishments by sally

“Lap-dancing clubs in England must apply to councils for a licence under new rules which have come into force.”

Full story

BBC News, 6th April 2010

Source: www.bbc.co.uk

MP fights libel fee change – The Times

Posted April 6th, 2010 in news by sally

“Plans to reduce the huge fees charged by libel lawyers who bring successful cases could be scuppered by one of the prime minister’s closest allies this week.”

Full story

The Times, 4th April 2010

Source: www.timesonline.co.uk

National rail strike off as court grants injunction – The Guardian

Posted April 6th, 2010 in industrial action, injunctions, news, railways by sally

“A high court judge today (1 April) granted Network Rail a temporary injunction to block next week’s planned four-day rail strike by signal workers.”

Full story

The Guardian, 1st April 2010

Source: www.guardian.co.uk

Goldsmith’s advice on treatment of Iraqi prisoners is censored – The Independent

Posted April 6th, 2010 in attorney general, confidentiality, human rights, inquiries, Iraq, news, torture by sally

“The Government has blocked the release of the former attorney general Lord Goldsmith’s advice about whether human rights law applied to British troops in Iraq when handling prisoners.”

Full story

The Independent, 2nd April 2010

Source: www.independent.co.uk

Couples who pay surrogate mothers could lose right to raise the child – The Guardian

Posted April 6th, 2010 in news, parental responsibility, surrogacy by sally

“Childless couples who acquire a baby using a surrogate mother abroad risk not being recognised as its parents in Britain if they flout British law by paying fees, fertility lawyers have warned.”

Full story

The Guardian, 5th April 2010

Source: www.guardian.co.uk

Herbal therapists face regulation crackdown – BBC News

Posted April 6th, 2010 in complementary medicine, medicines, news by sally

“The government has announced plans to force all providers of unlicensed herbal medicines to register with a regulator.”

Full story

BBC News, 1st April 2010

Source: www.bbc.co.uk

First men arrested for using prostitutes under new laws – Daily Telegraph

Posted April 6th, 2010 in news, prostitution by sally

“Three men from London have become the first to be arrested for using prostitutes under new laws.”

Full story

Daily Telegraph, 1st April 2010

Source: www.telegraph.co.uk

Judge’s warning over Europe’s legal power – The Independent

Posted April 6th, 2010 in human rights, judges, news by sally

“British courts must have the final say over European human rights law, the country’s most senior judge has warned.”

Full story

The Independent, 2nd April 2010

Source: www.independent.co.uk

Science libel verdict is a forceful blow in defence of freedom of speech – The Times

Posted April 6th, 2010 in news by sally

“Senior judges have struck a blow for freedom of speech in ruling that opinions should be protected by the courts — and their authors from the chilling effects of libel laws. The judges, headed by the Lord Chief Justice, made clear that it was not for the courts to try to disentangle fact from opinion.”

Full story

The Times, 2nd April 2010

Source: www.timesonline.co.uk