Recent Statutory Instruments – OPSI

Posted August 3rd, 2010 in legislation by sally

The Revenue and Customs (Complaints and Misconduct) Regulations 2010

The Sutton Harbour Revision Order 2010

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 (Amendment) and Transitional Provision) Order 2010

The Home Energy Efficiency Scheme (England) (Amendment) Regulations 2010

The Ryde Pier Harbour Revision Order 2010

The Henley College Sixth Form College Corporation Designation (England) Order 2010

The Equality Act 2010 (Designation of Institutions with a Religious Ethos) (England and Wales) Order 2010

The School Governance (Transition from an Interim Executive Board) (England) Regulations 2010

The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) (No. 2) Regulations 2010

The Education (Short Stay Schools) (Closure) (England) (Amendment) Regulations 2010

The State Pension Credit Pilot Scheme Regulations 2010

The Pensions Regulator (Contribution Notices) (Sum Specified following Transfer) Regulations 2010

The Occupational Pension Schemes (Levies) (Amendment) Regulations 2010

The Constitutional Reform and Governance Act 2010 (Commencement No. 2 and Transitional Provisions) Order 2010

The Academies Act 2010 (Commencement and Transitional Provisions) Order 2010

Source: www.opsi.gov.uk

RBS handed FSA’s biggest fine for money laundering lapses – The Guardian

Posted August 3rd, 2010 in banking, financial regulation, money laundering, news by sally

“Royal Bank of Scotland has been fined £5.6m by the Financial Services Authority for failing to adequately screen customers and payments to prevent its banks – RBS, NatWest, Ulster Bank and Coutts – from being used for money laundering or the financing of terrorist activities.”

Full story

The Guardian, 3rd August 2010

Source: www.guardian.co.uk

Four men guilty of murdering couple in bungled ‘honour killing’ – The Guardian

Posted August 3rd, 2010 in arson, closed circuit television, murder, news, sentencing by sally

“Four men who murdered a couple in a bungled attempt at an ‘honour’ killing were jailed for life today. Their intended victim was a Muslim man who was having an affair with a married woman, but they firebombed a different house.”

Full story

The Guardian, 3rd August 2010

Source: www.guardian.co.uk

Special constable guilty of ‘excessive’ assault – The Independent

“Peter Lightfoot, 40 was today [2nd August] found guilty by a jury of assaulting Lance Corporal Mark Aspinall after they viewed CCTV footage of him pushing his head into the ground and striking him with a police helmet.”

Full story

The Independent, 2nd August 2010

Source: www.independent.co.uk

Nine jailed after girl forced into prostitution – The Independent

Posted August 3rd, 2010 in children, news, prostitution, sentencing, sexual offences by sally

“Nine men have been jailed after a 14-year-old girl was preyed upon and forced into prostitution.”

Full story

The Independent, 3rd August 2010

Source: www.independent.co.uk

TV boss jailed for killing wife – BBC News

Posted August 3rd, 2010 in homicide, news, sentencing by sally

“A television location manager who killed his wife with a single blow during an argument after a dinner party has been jailed for 18 months.”

Full story

BBC News, 3rd August 2010

Source: www.bbc.co.uk

Antiques dealer given eight years over stolen Shakespeare – The Independent

Posted August 3rd, 2010 in news, sentencing, theft by sally

“An unemployed antiques dealer with a taste for the high life was jailed today [2nd August] for eight years after he was convicted of handling a stolen copy of a rare first collection of Shakespeare’s plays.”

Full story

The Independent, 2nd August 2010

Source: www.independent.co.uk

Court of Protection Rules Committee publishes review – Judiciary of England and Wales

Posted August 3rd, 2010 in Court of Protection, news by sally

“The President of the Court of Protection, Sir Nicholas Wall, today [29th July] published the Court of Protection Rules Committee’s Review.”

Full news release

Judiciary of England and Wales, 29th July 2010

Source: www.judiciary.gov.uk

Pleural plaques former claimants payment scheme – Ministry of Justice

Posted August 3rd, 2010 in asbestos, compensation, news by sally

“The Government’s Pleural Plaques Former Claimants Payment Scheme opens for applications today [2nd August].”

Full news release

Ministry of Justice, 2nd August 2010

Source: www.justice.gov.uk

Battle of the forms ends without terms and conditions victor – OUT-LAW.com

Posted August 3rd, 2010 in contracts, news by sally

“The failure of two companies to agree whose terms and conditions governed the sale of a consignment of goods means that neither company’s terms can be enforced, the High Court has said.”

Full story

OUT-LAW.com, 2nd August 2010

Source: www.out-law.com

Sheffield City Council v Wall and others – WLR Daily

Posted August 3rd, 2010 in appeals, fostering, housing, law reports, local government by sally

Sheffield City Council v Wall and others; [2010] EWCA Civ 922; [2010] WLR (D) 221

“The foster son of a late council tenant was not entitled to succeed to the tenancy under the Housing Act 1985.”

WLR Daily, 2nd  August 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.

R v Rochford – WLR Daily

Posted August 3rd, 2010 in law reports by sally

R v Rochford; [2010] WLR (D) 220

“A failure by a defendant to comply with the requirements of ss 5(5) and 6A of the Criminal Procedure and Investigations Act 1996 to provide a defence statement containing the general nature of his defence, did not constitute a contempt of court and was only punishable with sanctions specified in s 11 of the 1996 Act, of a court or other party being permitted to make comment on that failure, or the court or jury being permitted to drawing inferences as to guilt. A defendant was not required by s 6A of the 1996 Act to disclose confidential discussions with his lawyer or to incriminate himself.”

WLR Daily, 2nd  August 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.

R v Ahmed – WLR Daily

Posted August 3rd, 2010 in abortion, appeals, crime, law reports by sally

R v Ahmed; [2010] WLR (D) 219

“The act of procuring the miscarriage of a woman’s child did not, by itself, amount to an offence known to English law. Where a defendant was charged with an offence of supplying or procuring any instrument or thing, knowing that it was intended to be unlawfully used or employed with intent to procure the miscarriage of a woman, the ‘thing’ supplied or procured had to be some sort of article or object and could not include a medical procedure. ‘Procure’ of the instrument or thing did not include the taking of possession of or use of an instrument or thing by a third person.”

WLR Daily, 2nd  August 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 v Chaytor and others – WLR Daily

Posted August 3rd, 2010 in appeals, expenses, false accounting, law reports, parliamentary privilege by sally

Regina v Chaytor and others; 2010] EWCA Crim 1910; [2010] WLR (D) 218

“Parliamentary privilege or immunity from criminal prosecution did not attach, and never had attached, to ordinary criminal activities by members of Parliament.”

WLR Daily, 2nd  August 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.

Hoist UK Ltd v Reid Lifting Ltd – WLR Daily

Posted August 3rd, 2010 in civil procedure rules, costs, law reports by sally

Hoist UK Ltd v Reid Lifting Ltd; [2010] EWHC 1922 (Ch); [2010] WLR (D) 215

“CPR r 38.5(3) should be construed as meaning that discontinuance did not affect any proceedings to deal with any question of costs, whether or not such proceedings had already been commenced at the date of discontinuance.”

WLR Daily, 30th July 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.

Leo Pharma A/S and another v Sandoz Ltd – WLR Daily

Posted August 3rd, 2010 in civil procedure rules, law reports by sally

Leo Pharma A/S and another v Sandoz Ltd; [2010] EWHC 1911 (Pat); [2010] WLR (D) 214

“A sealed court order which had been drawn up and agreed by the parties at the request of the court could not be corrected under the slip rule contained in CPR 40.12(1) unless it had an unintended effect which was inconsistent with the intention of the court.”

WLR Daily, 30th July 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.

Stockton on Tees Borough Council v Aylott – WLR Daily

Stockton on Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] WLR (D) 216

“In determining pursuant to section 3A(1) of the Disability Discrimination Act 1995 whether, for a reason which related to the claimant’s disability, he had been treated less favourably than a person to whom that reason did not apply, the appropriate comparator was someone who had acted in the same way as the claimant but did not suffer from his disability, and not someone to whom the reason for the treatment complained of did not apply.”

WLR Daily, 30th July 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.

Imerman v Tchenguiz and others; Same v Imerman – WLR Daily

Posted August 3rd, 2010 in appeals, confidentiality, divorce, financial provision, law reports by sally
“There was no legal justification for permitting a spouse to retain copies of documents unlawfully obtained in breach of confidence in order to prevent the other spouse from concealing assets in ancillary relief proceedings. A spouse could apply for search and seizure, freezing, preservation and similar orders to ensure that assets were not wrongly concealed or dissipated.”
WLR Daily, 30th July 2010

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