Recent Statutory Instruments – OPSI

Posted June 23rd, 2010 in legislation by sally

The Authorised Investment Funds (Tax) (Amendment No. 2) Regulations 2010

The Saving Gateway Accounts Act 2009 (Revocation of Commencement) Order 2010

The Marine Strategy Regulations 2010

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted June 23rd, 2010 in law reports by sally

Court of Appeal (Civil Division)

Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701 (22 June 2010)

Harris, R (on the application of) v The London Borough of Haringey [2010] EWCA Civ 703 (22 June 2010)

Jivraj v Hashwani (Rev 2) [2010] EWCA Civ 712 (22 June 2010)

Occlutech GmbH v AGA Medical Corporation [2010] EWCA Civ 702 (22 June 2010)

High Court (Chancery Division)

Drake v Harvey & Ors [2010] EWHC 1446 (Ch) (16 June 2010)

High Court (Administrative Court)

Yusuf, R (on the application of) v The Parole Board [2010] EWHC 1483 (Admin) (22 June 2010)

High Court (Technology and Construction Court)

Traditional Structures Ltd v HW Construction Ltd [2010] EWHC 1530 (TCC) (26 May 2010)

WW Gear Construction Ltd v McGee Group Ltd [2010] EWHC 1460 (TCC) (21 June 2010)

Source: www.bailii.org

Bar Council Chairman – “We’re on the precipice of change” – The Bar Council

“Nicholas Green QC, the Chairman of the Bar Council, which represents over 15,000 barristers in England and Wales, has told barristers that the profession is ‘on the precipice of change’ in his address to the Bar Council’s Annual Remuneration Conference.”

Full story

The Bar Council, 22nd June 2010

Source: www.barcouncil.org.uk

Man guilty of antique horticultural books theft – BBC News

Posted June 23rd, 2010 in news, theft by sally

“A man has been found guilty of stealing antique books worth £40,000 from a world-famous library in central London.”

Full story

BBC News, 22nd June 2010

Source: www.bbc.co.uk

Football and domestic violence – BBC Law in Action

Posted June 23rd, 2010 in crime prevention, domestic violence, podcasts, police, sport by sally

“At the half way stage of the World Cup, police forces across the UK are paying unsolicited visits to men with a record of domestic violence. It’s a strategy recommended by the Association of Chief Police Officers. According to ACPO, research shows that domestic violence peaks during big sporting events like the World Cup. Many police forces have therefore concluded that it makes sense to let potential perpetrators know they are being watched. As Joshua Rozenberg finds when he sees the policy in action in Nottinghamshire, police on the ground belive the policy is working. But a closer look at the evidence casts doubt on whether there really is such a link and traces the idea that there is back to an urban myth from the United States.”

Podcast

BBC Law in Action, 22nd June 2010

Source: www.bbc.co.uk

Police, prisons and probation ‘failing to tackle child gangs’ – The Guardian

Posted June 23rd, 2010 in children, gangs, news, police, prisons, probation, reports by sally

“Police, prisons and probation services are failing to tackle the growing dangers of young people getting involved in gangs, according to a damning new report.”

Full story

The Guardian, 23rd June 2010

Source: www.guardian.co.uk

High Court move by Tube Lines to stop workers’ strike – BBC News

Posted June 23rd, 2010 in industrial action, news, railways, transport by sally

“The firm responsible for repairs to the Tube network is to seek a High Court injunction to stop a strike by maintenance workers.”

Full story

BBC News, 23rd June 2010

Source: www.bbc.co.uk

Woman who had sex change wins legal right to pension at 60 – The Guardian

Posted June 23rd, 2010 in marriage, news, pensions by sally

“A woman who had a sex-change operation 10 years ago has won her battle to receive a pension from the age of 60. Christine Timbrell was born Christopher Timbrell in 1941, but had surgery to change her gender in 2000.”

Full story

The Guardian, 22nd June 2010

Source: www.guardian.co.uk

‘Bullied’ lawyer launches £800,000 lawsuit against employers – Daily Telegraph

Posted June 23rd, 2010 in compensation, employment, harassment, mental health, news by sally

“A former top City lawyer who says she was driven to a mental breakdown by a ‘psycho’ colleague has launched an £800,000 lawsuit over claims that her employers failed to support her.”

Full story

Daily Telegraph, 23rd June 2010

Source: www.telegraph.co.uk

Rapists going free through errors by inexperienced doctors, says BMA – The Guardian

Posted June 23rd, 2010 in doctors, evidence, forensic science, news, rape, sexual offences by sally

“Rapists are not being convicted because doctors are making errors when examining victims, according to medical experts specialising in sexual assaults.”

Full story

The Guardian, 22nd June 2010

Source: www.guardian.co.uk

Teenager jailed for murder over Facebook insult – The Guardian

Posted June 22nd, 2010 in murder, news, sentencing, young offenders by sally

“A 16-year-old boy who fatally stabbed a former friend over a ‘loss of face’ after they traded insults on Facebook was jailed for at least 14 years today.”

Full story

The Guardian, 22nd June 2010

Source: www.guardian.co.uk

2010 Budget – HM Treasury

Posted June 22nd, 2010 in budgets, news by sally

“The Chancellor, George Osborne, today presented the first Budget of the Coalition Government.”

Full story

HM Treasury, 22nd June 2010

Source: www.hm-treasury.gov.uk

FA (Iraq) v Secretary of State for the Home Department – WLR Daily

Posted June 22nd, 2010 in appeals, asylum, immigration, law reports by sally

FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152

“Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the appeal.”

WLR Daily, 21st June 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.

Rabone and another v Pennine Care NHS Trust – WLR Daily

Posted June 22nd, 2010 in appeals, duty of care, hospitals, law reports, suicide by sally

Rabone and another v Pennine Care NHS Trust [2010] EWCA Civ 698; [2010] WLR (D) 152

“Health trusts did not have an obligation to take special preventive measures to protect voluntary mental patients from the risk of suicide, even where that risk was ‘real and immediate’. The obligation existed in the case of persons for whom the state had assumed responsibility by their detention under the Mental Health Act 1983.”

WLR Daily, 21st June 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bulger killer child pornography case: Judge lifts ban – The Guardian

“A judge today ruled that the public can be told that Jon Venables, one of the killers of two-year-old James Bulger, has been charged with downloading and distributing child pornography.”

Full story

The Guardian, 21st June 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 21st, 2010 in law reports by sally

Court of Appeal (Civil Division)

Macquarie Internationale Investments Ltd v Glencore UK Ltd [2010] EWCA Civ 697 (21 June 2010)

Rabone & Anor v Pennine Care NHS Trust [2010] EWCA Civ 698 (21 June 2010)

FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696 (18 June 2010)

High Court (Chancery Division)

Lexi Holdings (In Administration) v Pannone & Partners [2010] EWHC 1416 (Ch) (18 June 2010)

The Law Society of England and Wales v Habitable Concepts Ltd & Anor [2010] EWHC 1449 (Ch) (21 June 2010)

High Court (Queen’s Bench Division)

Al Rawi & Ors v the Security Service & Ors [2010] EWHC 1496 (QB) (21 June 2010)

High Court (Administrative Court)

Devon County Council & Anor v Secretary of State for Communities and Local Government [2010] EWHC 1456 (Admin) (21 June 2010)

High Court (Commercial Court)

Chunilal v Merrill Lynch International Incorporated [2010] EWHC 1467 (Comm) (18 June 2010)

High Court (Patents Court)

Nampak Cartons Ltd v Rapid Action Packaging Ltd [2010] EWHC 1458 (Pat) (18 June 2010)

Source: www.bailii.org

High Court blocks Exeter and Norwich super-council move – BBC News

Posted June 21st, 2010 in judicial review, local government, news by sally

“A Labour government decision to give Exeter and Norwich wider powers has been blocked by the High Court.”

Full story

BBC News, 21st June 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted June 21st, 2010 in legislation by sally

The Fishing Boats (Electronic Transmission of Fishing Activities Data) (England) Scheme 2010

The Health and Social Care Act 2008 (Consequential Amendments No.3) Order 2010

Source: www.opsi.gov.uk

Government shuns call to change strike laws – BBC News

Posted June 21st, 2010 in ballots, industrial action, news, trade unions by sally

“The government has slapped down calls by business leaders for changes to rules regarding strike ballots.”

Full story

BBC News, 21st June 2010

Source: www.bbc.co.uk

Libel case over ‘faked’ Channel 4 Jackson family documentary dropped – The Guardian

Posted June 21st, 2010 in costs, defamation, fees, freedom of expression, media, news by sally

“Channel 4 has spent £1.7m defending a ‘vainglorious’ libel action over allegations it faked a documentary about Michael Jackson’s family moving to Devon.”

Full story

The Guardian, 21st June 2010

Source: www.guardian.co.uk