Recent Statutory Instruments – legislation.gov.uk

Posted August 13th, 2012 in legislation by sally

The Protection of Freedoms Act 2012 (Commencement No. 2) Order 2012

The Education (School Teachers’ Appraisal) (England) (Amendment) Regulations 2012

The Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012

The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2012

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 2) Order 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 13th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Sumal & Sons (Properties) Ltd v London Borough of Newham [2012] EWCA Crim 1840 (08 August 2012)

Court of Appeal (Civil Division)

BAA Ltd v Competition Commission [2012] EWCA Civ 1077 (26 July 2012)

High Court (Queen’s Bench Division)

FBME Bank Ltd v Elwes & Anor [2012] EWHC 2209 (QB) (25 July 2012)

RAR v GGC [2012] EWHC 2338 (QB) (10 August 2012)

High Court (Chancery Division)

McKillen v Misland (Cyprus) Investments Ltd & Ors [2012] EWHC 2343 (Ch) (10 August 2012)

Re Euromaster Ltd [2012] EWHC 2356 (Ch) (10 August 2012)

Source: www.bailii.org

Prisoner gets apology from ombudsman over attack inquiry – The Independent

Posted August 13th, 2012 in complaints, news, ombudsmen, prison officers by sally

“A triple murderer who attacked three prison officers with a broken bottle while serving a life sentence has secured an apology after authorities failed to properly investigate claims that he had been attacked by warders in his cell.”

Full story

The Independent, 11th August 2012

Source: www.independent.co.uk

Woman wins almost half a million pounds in payout over childhood abuse – The Independent

Posted August 13th, 2012 in child abuse, damages, news, psychiatric damage by sally

“A woman has won a six-figure sum at the High Court over the physical and sexual abuse she suffered at the hands of her stepfather as a child.”

Full story

The Independent, 10th August 2012

Source: www.independent.co.uk

Confront your elderly relations over driving skills, urges judge – Daily Telegraph

Posted August 13th, 2012 in dangerous driving, elderly, homicide, news, sentencing by sally

“A judge has urged relatives of elderly drivers to think ‘very, very carefully’ whether they should still be on the road after a 90-year-old retired GP killed another motorist in a head-on collision while on the wrong side of a dual carriageway.”

Full story

Daily Telegraph, 10th August 2012

Source: www.telegraph.co.uk

Are you cut out for a law degree? – The Guardian

Posted August 13th, 2012 in legal education, news by sally

“Four legal academics (and Guardian Law’s editor) pose legal dilemmas of the kind you’ll face at interview – and which should intrigue any would-be law student.”

Full story

The Guardian, 10th August 2012

Source: www.guardian.co.uk

Polish builders jailed for beating multimillionaire to death in vain attempt to get him to reveal where he kept his cash – The Independent

Posted August 13th, 2012 in burglary, murder, news, robbery, sentencing by sally

“Three builders have been jailed for life with a recommendation that they serve at least 30 years for murdering a multimillionaire, police said.”

Full story

The Independent, 11th August 2012

Source: www.independent.co.uk

Judge rules boy’s life support can be switched off despite parents’ hope of miracle – Daily Telegraph

“A judge has ordered that doctors can switch off a young boy’s life-support system even though his devout Christian parents pleaded for him to be kept alive in case of a miracle.”

Full story

Daily Telegraph, 13th August 2012

Source: www.telegraph.co.uk

An injustice that won’t go away – The Independent

“A 1988 murder led to the conviction of three innocent men. Now ‘Panorama’ looks again at the role of the police.”

Full story

The Independent, 12th August 2012

Source: www.independent.co.uk

Magistrates can stand for police commissioner roles after judge’s U-turn – The Guardian

Posted August 13th, 2012 in criminal records, judges, magistrates, news, police by sally

“The senior judge who banned magistrates from standing as candidates in November’s police commissioner elections has backed down and said they need not resign as JPs unless they are elected.”

Full story

The Guardian, 10th August 2012

Source: www.guardian.co.uk

M6 wrong way lorry driver Pal Korbely jailed – BBC News

Posted August 10th, 2012 in alcohol abuse, dangerous driving, news, sentencing by tracey

“A lorry driver has been jailed for eight months and disqualified for three years after driving the wrong way down the M6 for three miles.”

Full story

BBC News, 10th August 2012

Source: www.bbc.co.uk

Suffer the little children to come unto me – The Guardian

Posted August 10th, 2012 in children, Christianity, Judaism, news, parental rights by tracey

“Should a 10-year-old Jewish girl be baptised against her mother’s wishes? Judge Platt handed down an empathetic judgment last week.”

Full story

The Guardian, 8th August 2012

Source: www.guardian.co.uk

The court of construction will not improve a document (A licence in this case) – NearlyLegal

Posted August 10th, 2012 in interpretation, landlord & tenant, news by tracey

“It is no part of the court of construction to improve a document.”

Full story

NearlyLegal, 10th August 2012

Source: www.nearlylegal.co.uk

BAILII: Recent Decisions

Posted August 10th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Sohal v Suri & Anor [2012] EWCA Civ 1064 (03 August 2012)

High Court (Administrative Court)

Othman, R (on the application of) v Special Immigration Appeals Commission (SIAC) & Ors [2012] EWHC 2349 (Admin) (09 August 2012)

Source: www.bailii.org

Regina v Sumal & Sons (Properties) Ltd – WLR Daily

Regina v Sumal & Sons (Properties) Ltd: [2012] EWCA Crim 1840;  [2012] WLR (D)  247

“A landlord who committed an offence of managing an unlicensed house, contrary to section 95(1) of the Housing Act 2004, did not ‘obtain’ property ‘as a result of or in connection with’ his criminal conduct, for the purposes of section 76(4) of the Proceeds of Crime Act 2002, by the receipt of rent. Therefore a court sentencing a landlord for such an offence could not impose a confiscation order in the sum of the rent received.”

WLR Daily, 8th August 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 10th, 2012 in legislation by tracey

The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) (No.2) Order 2012

The Police and Crime Commissioner Elections (Designation of Local Authorities) (No.2) Order 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted August 10th, 2012 in parliamentary papers by tracey

Agreement between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Saudi Arabia on the transfer of sentenced prisoners: Riyadh, 2 January 2012, Cm 8426 (PDF)

Source: www.official-documents.gov.uk

Comply with Claim Management Regulations or risk being shut down – Ministry of Justice

Posted August 10th, 2012 in advertising, claims management, consumer protection, press releases by tracey

“That’s the latest warning from the Claims Management Regulation (CMR) Unit as they reveal more than 400 claims management companies (CMCs) have been cancelled, suspended or warned in figures released today in the 2011/12 annual report. ”

Full press release

Ministry of Justice, 10th August 2012

Source: www.justice,gov.uk

OFT revokes payday lender licence, but firm continues to lend – The Guardian

Posted August 10th, 2012 in appeals, fraud, licensing, loans, news by tracey

“A payday lender has been fined and had its licence taken away by the Office of Fair Trading for the first time – but is still lending money at interest rates of more than 5,000%.”

Full story

The Guardian, 9th August 2012

Source: www.guardian.co.uk

Humberside police: ex-detective sentenced for sex assault on colleague – The Guardian

Posted August 10th, 2012 in news, police, sentencing, sexual offences by tracey

“Former policeman given curfew and community order in force’s third sexual offences case.”

Full story

The Guardian, 9th August 2012

Source: www.guardian.co.uk