Recent Statutory Instruments – OPSI

Posted May 24th, 2010 in legislation by sally

The Private Water Supplies (Wales) (Amendment) (No. 2) Regulations 2010

The Policing and Crime Act 2009 (Transitional and Saving Provisions)(Wales) Order 2010

The Home Information Pack (Suspension) Order 2010

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

MMR row doctor Andrew Wakefield struck off register – The Guardian

Posted May 24th, 2010 in disciplinary procedures, doctors, news, professional conduct by sally

“Andrew Wakefield, the doctor at the centre of the MMR scare, has been struck off the medical register after being found guilty of serious professional misconduct.”

Full story

The Guardian, 24th May 2010

Source: www.guardian.co.uk

Teacher escapes prison over dumbbell attack – Daily Telegraph

Posted May 24th, 2010 in community service, grievous bodily harm, news, teachers by sally

“A teacher who snapped and attacked a pupil who had been goading him was spared a prison sentence today when he was handed a two-year community order.”

Full story

Daily Telegraph, 24th May 2010

Source: www.telegraph.co.uk

Court victory for cigarette butt man – The Independent

Posted May 24th, 2010 in appeals, fines, litter, local government, news by sally

“A man fined £50 for dropping a cigarette butt down a drain celebrated a victory when the case was thrown out of court.”

Full story

The Independent, 24th May 2010

Source: www.independent.co.uk

Two boys guilty of attempted rape charges in London – BBC News

Posted May 24th, 2010 in attempts, children, news, rape, young offenders by sally

“Two boys aged 10 and 11 have been found guilty at the Old Bailey of attempted rape of an eight-year-old girl in London.”

Full story

BBC News, 24th May 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 24th, 2010 in law reports by sally

High Court (Queen’s Bench Division)

HXA v The Home Office [2010] EWHC 1177 (QB) (21 May 2010)

High Court (Commercial Court)

FKI Engineering Ltd & Anor v Stribog Ltd [2010] EWHC 1160 (Comm) (21 May 2010)

High Court (Technology and Construction Court)

Linklaters Business Services (Formerly Hackwood Services Company) v Sir Robert McaLpine Ltd [2010] EWHC 1145 (TCC) (21 May 2010)

Source: www.bailii.org

Equity, ADR, Arbitration and the Law: Different Dimensions of Justice – Speech by Lord Neuberger of Abbotsbury

Posted May 24th, 2010 in speeches by sally

Equity, ADR, Arbitration and the Law: Different Dimensions of Justice (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

The Fourth Keating Lecture, Lincoln’s Inn, 19 May 2010

Source: www.judiciary.gov.uk

Regina (MJ (Angola)) v Secretary of State for the Home Department – WLR Daily

Posted May 24th, 2010 in appeals, deportation, law reports, mental health, young offenders by sally

Regina (MJ (Angola)) v Secretary of State for the Home Department [2010] EWCA Civ 557; [2010] WLR (D) 132

“The Secretary of State’s apparently untrammelled discretion contained in s 42(2) of the Mental Health Act 1983 to discharge a patient detained in hospital under ss 37 and 41 of the Act in order to facilitate his or her deportation on the grounds that he had committed criminal offences was to be exercised rationally and in such a way as would not breach the patient’s Convention rights. In considering whether deportation would interfere with a patient’s Convention right to respect for his private and family life, very serious reasons were required to justify expulsion where the patient had lawfully spent a major part of his childhood or youth in the host country and had committed the relevant offences as a juvenile.”

WLR Daily, 21st May 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.

British Airways plc v Unite the Union – WLR Daily

Posted May 24th, 2010 in airlines, appeals, ballots, industrial action, law reports, trade unions by sally

British Airways plc v Unite the Union [2010] WLR (D) 131

“When, following a ballot the result of which supported strike action, one was asking whether a union and its members were protected from a claim in tort under certain provisions within Part V of the Trade Union and Labour Relations (Consolidation) Act 1992, the conditions contained in s 231 of the Act as to the provision by the union of information to its members concerning the results of the ballot were critical. However, s 231 was poorly drafted and it was not appropriate to adopt an over-literal interpretation of its wording.”

WLR Daily, 21st May 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.

Roberts v Gill & Co – WLR Daily

Roberts v Gill & Co [2010] UKSC 22; [2010] WLR (D) 130

“A beneficiary under a will who had commenced proceedings against solicitors he alleged had acted negligently in connection with the estate could not, after the relevant limitation period had expired, amend his claim so as to also claim on behalf of the estate by way of a derivative action.”

WLR Daily, 21st May 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.

Bank Mellat v HM Treasury – Times Law Reports

Posted May 24th, 2010 in law reports by sally

Bank Mellat v HM Treasury

Court of Appeal

“Where, in civil proceedings in which a litigant’s rights to a fair trial under article 6 of the European Convention on Human Rights applied, irreducible minimum rights were required to be accorded the litigant to be given sufficient information of the evidential case against him, to enable him to give effective instructions concerning the essential allegations against him.”

The Times, 18th May 2010

Source: www.timesonline.co.uk

Vaughan v Vaughan – Times Law Reports

Posted May 24th, 2010 in law reports by sally

Vaughan v Vaughan

Court of Appeal

“A subsequent spouse had to take the other subject to all existing encumbrances, whether known or not.”

The Times, 18th May 2010

Source: www.timesonline.co.uk

Unite and Others v Nortel Networks UK Ltd (in Administration) – Times Law Reports

Posted May 24th, 2010 in law reports by sally

Unite and Others v Nortel Networks UK Ltd (in Administration)

Chancery Division

“A claim by an employee against an employer in administration did not require a judgment to render it provable for two reasons: the nature of the claim and the nature of the decision on which any award depended.”

The Times, 18th May 2010

Source: www.timesonline.co.uk

Councils using anti-terror laws to spy on dog walkers – Daily Telegraph

Posted May 24th, 2010 in investigatory powers, local government, news, terrorism by sally

“Councils spied on dog walkers suspected of not clearing up after their pets in a string of abuses of their covert surveillance rights, a report published today said.”

Full story

Daily Telegraph, 24th May 2010

Source: www.telegraph.co.uk

Control orders: A battleground between liberty and security in the spotlight – The Guardian

Posted May 24th, 2010 in control orders, news, terrorism by sally

“The Lib Dems abhor them but the coalition has already used the controversial anti-terror measures.”

Full story

The Guardian, 23rd May 2010

Source: www.guardian.co.uk

ASBO bans woman from lap dancing, pole dancing and prostitution – Daily Telegraph

Posted May 24th, 2010 in alcohol abuse, ASBOs, drug abuse, news, noise, prostitution by sally

“A woman alleged to have driven neighbours out of their homes by her sexual activities has been banned from inviting any men around for the night except for her brothers and the emergency services.”

Full story

Daily Telegraph, 22nd May 2010

Source: www.telegraph.co.uk