Recent Statutory Instruments – legislation.gov.uk

Posted October 19th, 2010 in legislation by sally

The Nuclear Decommissioning and Waste Handling (Designated Technical Matters) Order 2010

The Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010

The Social Security Contributions (Decisions and Appeals) (Amendment) Regulations 2010

The Apportionment of Money in the National Lottery Distribution Fund Order 2010

Source: www.legislation.gov.uk

Equality Act Codes of Practice published – OUT-LAW.com

Posted October 19th, 2010 in codes of practice, equality, news by sally

“The Equality and Human Rights Commission (EHRC) has published the statutory guidance that will help employers, lawyers and courts to interpret the Equality Act. Three Codes of Practice were laid before Parliament last week.”

Full story

OUT-LAW.com, 18th October 2010

Source: www.out-law.com

Attorney General: Contempt of Court: why it still matters – Attorney General’s Office

Posted October 19th, 2010 in bad character, contempt of court, freedom of expression, internet, lectures by sally

“The Attorney General, Dominic Grieve QC MP, has delivered the Criminal Bar Association’s Kalisher lecture entitled ‘Contempt of Court: why it still matters’.”

Full story

Attorney General’s Office, 12th October 2010

Source: www.attorneygeneral.gov.uk

Final member of Blanchard paedophile ring convicted – BBC News

Posted October 19th, 2010 in child abuse, news, sexual offences by sally

“A woman has been convicted of sexually assaulting a five-month-old baby girl – becoming the final member of a paedophile ring to face justice.”

Full story

BBC News, 18th October 2010

Source: www.bbc.co.uk

House of Lords suspends three from parliament in expenses clampdown – The Guardian

Posted October 19th, 2010 in disciplinary procedures, expenses, news, parliament, peerages & dignities by sally

“Three peers were today suspended from parliament – the toughest punishment enacted in the House of Lords in modern times – after an inquiry found that each had broken expenses rules to wrongly claim tens of thousands of pounds.”

Full story

The Guardian, 18th October 2010

Source: www.guardian.co.uk

Family court media reporting delays ‘wise’ – BBC News

Posted October 19th, 2010 in family courts, media, news by sally

“The government was wise to defer a decision on whether the media should be able to report family court hearings, according to a senior judge.”

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BBC News, 19th October 2010

Source: www.bbc.co.uk

West Midlands police facing judicial review over surveillance project – The Guardian

Posted October 19th, 2010 in closed circuit television, investigatory powers, Islam, news, police by sally

“The West Midlands police force faces a judicial review over its plans to continue using cameras installed under a discredited scheme to place thousands of Muslims under permanent surveillance.”

Full story

The Guardian, 18th October 2010

Source: www.guardian.co.uk

Three former MPs take expenses appeals to Supreme Court – BBC News

Posted October 19th, 2010 in expenses, news, parliament by sally

“Three former Labour MPs facing criminal trials over their expenses claims have taken their case to the Supreme Court.”

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BBC News, 18th October 2010

Source: www.bbc.co.uk

Legal privilege should not extend to accountants, rules Court of Appeal – OUT-LAW.com

Posted October 18th, 2010 in financial advice, news, privilege by sally

“The right to keep correspondence and documents relating to legal advice secret does not exist when the person giving the advice is an accountant, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 18th October 2010

Source: www.out-law.com

Bar regulator introduces monitoring scheme – Bar Standards Board

Posted October 18th, 2010 in barristers, complaints, equality, money laundering, press releases by sally

“The BSB is launching a scheme to monitor all chambers and sole practitioners. This is following a successful pilot scheme that took place in 2008.”

Full story

Bar Standards Board, 18th October 2010

Source: www.barstandardsboard.org.uk

BAILII: Recent Decisions

Posted October 18th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Grimme Maschinenfabrik GmbH & Co KG v Scott (t/a Scotts Potato Machinery) [2010] EWCA Civ 1110 (15 October 2010)

High Court (Chancery Division)

Serious Organised Crime Agency v Szepietowski & Ors [2010] EWHC 2570 (Ch) (15 October 2010)

High Court (Family Division)

A County Council v SB & Ors [2010] EWHC 2528 (Fam) (15 October 2010)

High Court (Administrative Court)

Hair, R (on the application of) v Her Majesty’s Coroner for Staffordshire (South) [2010] EWHC 2580 (Admin) (15 October 2010)

Law Society of England and Wales v Legal Services Commission [2010] EWHC 2550 (Admin) (30 September 2010)

Khazai & Ors, R (on the application of) v Birmingham City Council [2010] EWHC 2576 (Admin) (15 October 2010)

High Court (Commercial Court)

REC Wafer Norway AS v Moser Baer Photo Voltaic Ltd [2010] EWHC 2581 (Comm) (15 October 2010)

UBS AG, London Branch & Anor v Kommunale Wasserwerke Leipzig GmbH [2010] EWHC 2566 (Comm) (15 October 2010)

Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato KFT [2010] EWHC 2567 (Comm) (15 October 2010)

High Court (Technology and Construction Court)

Cooperative Group Ltd v John Allen Associates Ltd [2010] EWHC 2300 (TCC) (14 September 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 18th, 2010 in legislation by sally

The Scottish Parliament (Disqualification) Order 2010

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2010

The Income Tax (Construction Industry Scheme) (Amendment No. 2) Regulations 2010

The Statutory Payment Schemes (Electronic Communications) (Amendment) Regulations 2010

The Health and Social Care Act 2008 (Primary Dental Services, Private Ambulance Services and Primary Medical Services) (Regulated Activities) (Transitory and Transitional Provisions) Order 2010

The Social Security (Contributions) (Amendment No. 5) Regulations 2010

The Statutory Payment Schemes (Electronic Communications) (Amendment) Regulations 2010

Source: www.legislation.gov.uk

Ending the ‘compensation culture’ is not as simple as it seems – The Guardian

Posted October 18th, 2010 in compensation, health & safety, news by sally

“Lord Young’s health and safety report shows that balancing the rights of defendants and claimants is a delicate business.”

Full story

The Guardian, 15th October 2010

Source: www.guardian.co.uk

Government launches shakeup of health and safety law – The Guardian

Posted October 18th, 2010 in compensation, health & safety, news by sally

“The government pledged today to tackle the UK’s ‘damaging’ compensation culture with a shakeup of health and safety measures, including an end to ‘senseless’ rules and regulations.”

Full story

The Guardian, 15th October 2010

Source: www.guardian.co.uk

Clark and another v Finnerty and another; In re St George’s Property Services (London) Ltd – WLR Daily

Posted October 18th, 2010 in administrators, insolvency, law reports by sally

Clark and another v Finnerty and another; In re St George’s Property Services (London) Ltd [2010] EWHC 2538 (Ch); [2010] WLR (D) 255

“Considerations that the institution of proceedings for relief under s 244 of the Insolvency Act 1986 in respect of a transaction to which the company was a party was extortionate when the issue was only triable and the consequences of thereby rescuing the company less than reasonably practicable were relevant to the existence or otherwise of good reason to remove the administrators under para 88 of Sch B1 to the Act but were not themselves sufficient to preclude good or sufficient reason.”

WLR Daily, 14th October 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.

Laws v Metropolitan Police Authority and another – WLR Daily

Posted October 18th, 2010 in disabled persons, judicial review, law reports, pensions, police by sally

Laws v Metropolitan Police Authority and another [2010] EWCA Civ 1099; [2010] WLR (D) 254

“By reg 37(1) of the Police (Injury Benefit) Regulations 2006, on a review of an injury pension payable under those regulations, the only duty of the police authority was to consider whether, since any previous review, the degree of pension disablement had substantially altered, and it was not open to the authority to reduce or increase a pension on such a review by virtue of a conclusion that the clinical basis of an earlier assessment had been wrong.”

WLR Daily, 14th October 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.

Dorset County Council v House – WLR Daily

Posted October 18th, 2010 in animals, criminal responsibility, EC law, law reports, repeals by sally

Dorset County Council v House [2010] EWCA Crim 2270; [2010] WLR (D) 253

“Criminal liability under the Cattle Identification Regulations 1998 and the Cattle Database Regulations 1998 was expressly and exclusively defined in terms of a failure to carry out an obligation under Council Regulation (EC) No 820/97, so there was no criminal offence in respect of conduct after 20 July 2000 when Regulation 820/97 was repealed and replaced.”

WLR Daily, 14th October 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.

Jimmy Mubenga: Questions raised over flight guidelines for deportations – The Guardian

Posted October 18th, 2010 in aircraft, deportation, news, restraint by sally

“The use of commercial aircraft to transport deportees has been called into question by a British Airways pilot following the death of Jimmy Mubenga.”

Full story

The Guardian, 15th October 2010

Source: www.guardian.co.uk

Children to be protected from risks of reality shows with new laws – Daily Telegraph

Posted October 18th, 2010 in children, media, news by sally

“Reality television shows face curbs on their use of children amid concerns that young participants are being exploited by programme-makers.”

Full story

Daily Telegraph, 17th October 2010

Source: www.telegraph.co.uk

Black people are 26 times more likely than whites to face stop and search – The Guardian

Posted October 18th, 2010 in minorities, news, stop and search by sally

“Black people are 26 times more likely than white people to be stopped and searched by police in England and Wales, the most glaring example of ‘racial profiling’ researchers have seen, according to an international report.”

Full story

The Guardian, 17th October 2010

Source: www.guardian.co.uk