Recent Statutory Instruments – legislation.gov.uk

Posted July 26th, 2011 in legislation by sally

The Land Registration (Network Access) (Amendment) Rules 2011

The Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) (Amendment) Regulations 2011

The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2011

The Distribution of Dormant Account Money (Apportionment) Order 2011

The Employer Supported Childcare (Relevant Earnings and Excluded Amounts) Regulations 2011

The Registered Pension Schemes (Provision of Information) (Amendment) (No.2) Regulations 2011

The Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011

The Air Navigation (Restriction of Flying) (Trenance Cornwall) (Revocation) Regulations 2011

The Air Navigation (Restriction of Flying) (Trenance Cornwall) Regulations 2011

The Air Navigation (Restriction of Flying) (Boston) (Revocation) Regulations 2011

The Air Navigation (Restriction of Flying) (Boston) Regulations 2011

The Legal Officers (Annual Fees) Order 2011

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2011

The Payments to the Churches Conservation Trust Order 2011

Source: www.legislation.gov.uk

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families (No 2) – WLR Daily

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families (No 2); [2011] UKSC 36  [2011] WLR (D)  247

“Teachers who had been employed by the Secretary of State for Children, Schools and Families and seconded to work at European Schools throughout the European Union were entitled to bring unfair dismissal claims before an employment tribunal under section 94(1) of the Employment Rights Act 1996.”

WLR Daily, 15th July 2011

Source: www.iclr.co.uk

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

Posted July 26th, 2011 in administrators, appeals, insolvency, law reports by sally

Finnerty and another v Clark and another; In re St George’s Property Services (London) Ltd (in administration) [2011] EWCA Civ 858;  [2011] WLR (D)  246

“The administrators of an insolvent company were the officers of the court with statutory powers to exercise their discretion to act for the interests of the creditors as a whole. The court had statutory power to removal and replace the administrators, but it had first to be established by the evidence that there was a good or sufficient ground or cause for the removal and replacement. Only then could the court properly proceed to consider the exercise of its discretion by having regard to all the relevant factors for and against an order for removal, such as the beneficial consequences of success in possible legal proceedings.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

 

Boris Johnson criticises legal aid proposals on domestic violence – Law Society’s Gazette

Posted July 26th, 2011 in bills, domestic violence, evidence, legal aid, news by sally

“The mayor of London has warned that the majority of women who have suffered domestic violence will find it ‘impossible’ to get legal aid to help divorce their abusive partners, because of the ‘restrictive’ evidence required to prove it.”

Full story

Law Society’s Gazette, 25th July 2011

Source: www.lawgazette.co.uk

Bar Council Chairmen’s Update to Members of the Profession – July 2011 – The Bar Council

“Bar Council Chairmen’s Update to Members of the Profession – July 2011. Letter by Mr Peter Lodder QC and Mr Michael Todd QC.”

Full letter

The Bar Council, 25th July 2011

Source: www.barcouncil.org.uk

High court extends gagging order to prevent reporting of actor’s affair – The Guardian

Posted July 26th, 2011 in injunctions, media, news, privacy by sally

“The high court has extended a gagging order obtained by a leading actor to prevent reporting of his ‘sexual relationship’ with a former escort girl.”

Full story

The Guardian, 25th July 2011

Source: www.guardian.co.uk

DPP was warned hacking was rife at Murdoch paper – The Independent

Posted July 26th, 2011 in Crown Prosecution Service, interception, media, telecommunications by sally

“The former Director of Public Prosecutions (DPP) Lord Macdonald was warned by his own employees as far back as 2006 that there were a “vast array” of News of the World phone-hacking victims.”

Full story

The Independent, 26th July 2011

Source: www.independent.co.uk

Investigation launched into heart surgery at Leeds General Infirmary – Daily Telegraph

Posted July 26th, 2011 in children, hospitals, medical treatment, news by sally

“A Government health watchdog has launched an investigation into allegations that children undergoing heart surgery at a leading hospital received inadequate treatment.”

Full story

Daily Telegraph, 26th July 2011

Source: www.telegraph.co.uk

English Defence League founder convicted of leading street brawl – The Guardian

Posted July 26th, 2011 in community service, costs, news, rehabilitation, threatening behaviour by sally

“The founder of the English Defence League has been convicted of leading a street brawl with 100 football fans.”

Full story

The Guardian, 25th July 2011

Source: www.guardian.co.uk

General Medical Council is too lenient with poor doctors, say MPs – The Guardian

Posted July 26th, 2011 in disciplinary procedures, doctors, news by sally

“The General Medical Council, which regulates doctors, is putting the public at risk by being too lenient with some of those who come before it accused of poor practice or wrongdoing, according to a committee of MPs.”

Full story

The Guardian, 26th July 2011

Source: www.guardian.co.uk

Innocent people’s DNA profiles won’t be deleted after all, minister admits – Daily Telegraph

Posted July 26th, 2011 in data protection, DNA, human rights, news by sally

“The DNA of more than one million innocent people will not be wiped from police records, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 26th July 2011

Source: www.telegraph.co.uk

New planning laws threaten green belt – Daily Telegraph

Posted July 26th, 2011 in consultations, environmental protection, news, planning by sally

“The biggest shake up in the planning system for 50 years will allow sprawling out of town developments on the green belt, campaigners have warned.”

Full story

Daily Telegraph, 26th July 2011

Source: www.telegraph.co.uk

Cannock man jailed for giving partner HIV – BBC News

Posted July 25th, 2011 in ASBOs, grievous bodily harm, HIV, news, sentencing by sally

“A Staffordshire man who had unprotected sex with his partner knowing he had HIV has been jailed for four years.”

Full story

BBC News, 25th July 2011

Source: www.bbc.co.uk

A more American legal model for gang violence? – The Guardian

Posted July 25th, 2011 in gangs, homicide, news, Supreme Court, violence by sally

“The supreme court’s decision in R v Gnango could change controversial area of joint enterprise law.”

Full story

The Guardian, 25th July 2011

Source: www.guardian.co.uk

Cambridgeshire gardener jailed for sex assault in Bedfordshire – BBC News

“A landscape gardener who sexually assaulted a 17-year-old girl has been jailed for 20 months.”

Full story

BBC News, 22nd July 2011

Source: www.bbc.co.uk

 

 

Leicestershire mobility scooter conmen jailed – BBC News

Posted July 25th, 2011 in consumer protection, news, sentencing by sally

“A father and son who conned vulnerable pensioners into buying mobility aids which were never delivered have each been jailed for 12 months.”

Full story

BBC News, 22nd July 2011

Source: www.bbc.co.uk

Catholic church’s plea could rule out damages for priests’ abuse – The Guardian

Posted July 25th, 2011 in damages, employment, news, vicarious liability by sally

“Victims of sexual abuse by priests will no longer be able to sue the Catholic church for damages if a landmark judgment rules that priests should not be considered as employees.”

Full story

The Guardian, 24th July 2011

Source: www.guardian.co.uk

Insurance broker Willis fined £7m by FSA – The Guardian

Posted July 25th, 2011 in corruption, financial regulation, fines, insurance, news by sally

“Willis Limited carpeted by the Financial Services Authority for failing sufficiently to monitor payments to overseas third parties.”

Full story

The Guardian, 21st July 2011

Source: www.guardian.co.uk

MPs’ expenses watchdog refuses to name politicians under investigation – Daily Telegraph

Posted July 25th, 2011 in expenses, news, parliament by sally

“The Independent Parliamentary Standards Authority (Ipsa), which was brought in to clean up the discredited MPs’ expenses system, initially indicated that politicians would be identified when a formal probe was launched.”

Full story

Daily Telegraph, 25th July 2011

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 25th, 2011 in law reports by sally

Court of Appeal (Civil Division)

AAO v Entry Clearance Officer [2011] EWCA Civ 840 (22 July 2011)

Court of Appeal (Criminal Division)

Jackson v R. [2011] EWCA Crim 1870 (22 July 2011)

High Court (Administrative Court)

Revenue and Customs Prosecutions Office v Johnson [2011] EWHC 1950 (Admin) (25 July 2011)

Secretary of State for the Home Department v CB & Anor (Rev 1) [2011] EWHC 1990 (Admin) (25 July 2011)

Britannia Assets (UK) Ltd v Secretary of State for Communities & Local Government & Anor [2011] EWHC 1908 (Admin) (22 July 2011)

High Court (Chancery Division)

Samuel Smith Old Brewery (Tadcaster) v Lee (t/a Cropton Brewery) [2011] EWHC 1879 (Ch) (22 July 2011)

High Court (Queen’s Bench Division)

Robins v Kordowski & Anor [2011] EWHC 1912 (QB) (22 July 2011)

High Court (Technology and Construction Court)

Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc [2011] EWHC 1936 (TCC) (22 July 2011)

Jerram Falkus Construction Ltd v Fenice Investments Inc [2011] EWHC 1935 (TCC) (21 July 2011)

Source: www.bailii.org