Recent Statutory Instruments – OPSI

Posted May 30th, 2007 in legislation by sally

The Extradition Act 2003 (Amendment to Designations) Order 2007

The Control of Cash (Penalties) Regulations 2007

The Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007

The Local Authorities (Contracting Out of Anti-social Behaviour Order Functions) (England) Order 2007

The Countryside and Rights of Way Act 2000 (Commencement No. 12) Order 2007

The Citizenship Oath and Pledge (Welsh Language) Order 2007

The Whole of Government Accounts (Designation of Bodies) Order 2007

The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2007

The Local Authorities (Conduct of Referendums) (England) Regulations 2007

The Criminal Justice and Court Services Act 2000 (Amendment) Order 2007

The Local Authority Adoption Service (Wales) Regulations 2007

The Oil Taxation (Nomination Scheme for Disposals) (Amendment) Regulations 2007

The Marketing of Vegetable Plant Material (England) (Amendment) Regulations 2007

Source: www.opsi.gov.uk

Regina (Johnson) v. Secretary of State for the Home Department and Another – Times Law Reports

Posted May 30th, 2007 in human rights, law reports, prisons by sally

Arbitrary delay in parole hearing

Regina (Johnson) v. Secretary of State for the Home Department and Another

Court of Appeal

“The failure by the Parole Board to consider speedily the entitlement of a long-term prisoner to parole made his continued detention after eligibility for parole arbitrary, unjustified and therefore unlawful.”

The Times, 30th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v. Hendy-Freegard – Times Law Reports

Posted May 30th, 2007 in kidnapping, law reports, misrepresentation by sally

Elements of kidnapping were not made out

Regina v. Hendy-Freegard

Court of Appeal (Criminal Division)

“The offence of kidnapping was not committed by a defendant who fraudulently induced a person to make a journey which did not deprive him of his liberty.”

The Times, 30th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

ECHR upholds Lords’ decision to refuse widow’s benefit to widowers – The Lawyer

Posted May 30th, 2007 in benefits, human rights, news by sally

“The European Court of Human Rights (ECHR) has upheld a House of Lords ruling that the UK Government did not act unlawfully by refusing to pay widows’ benefits to two widowers.”

Full story

The Lawyer, 28th May 2007

Source: www.thelawyer.com

Bar Council vice-chair gains salary as report sparks rejig – The Lawyer

Posted May 30th, 2007 in barristers, news, remuneration by sally

“The Vice-chair of the Bar Council Timothy Dutton QC will be the last in his post to work for free.”

Full story

The Lawyer, 28th May 2007

Source: www.thelawyer.com

Lord Goldsmith refuses to publish advice to Army over use of torture – The Independent

Posted May 30th, 2007 in armed forces, human rights, Iraq, news by sally

“The Attorney General, Lord Goldsmith, is under growing pressure to disclose his advice to the Army on whether British soldiers in Iraq needed to comply with the Human Rights Act.”

Full story

The Independent, 30th May 2007

Source: www.independent.co.uk

£100,000 fund will help bank customers fight unfair charges – The Independent

Posted May 30th, 2007 in banking, news by sally

“Campaigners have pledged £100,000 for a fighting fund to encourage people to launch legal challenges against what they say are illegal bank charges. The money has been pledged by MoneySavingExpert.com and the Consumer Action Group as well as private individuals.”

Full story

The Independent, 30th May 2007

Source: www.independent.co.uk

Pressure on Falconer as prison population hits all-time high – The Guardian

Posted May 30th, 2007 in news, prisons by sally

“The number of prisoners in England and Wales hit an all-time high of 80,846 yesterday, raising fears that the court service could run out of cell space this week if too few remand prisoners succeed in getting bail. The record numbers saw 450 prisoners housed in police and court cells made available for overspill.”

Full story

The Guardian, 30th May 2007

Source: www.guardian.co.uk

Bereavement damages ‘too low’, study says – The Times

Posted May 30th, 2007 in damages, news by sally

“Court-awarded damages for people whose spouses die could be up to £300,000 too low, a report claimed today.”

Full story

The Times, 30th May 2007

Source: www.timesonline.co.uk

Related link: Death and the Calculation of Hedonic Damages (PDF)

Judges asked to rethink control order rulings after suspects abscond – The Guardian

Posted May 30th, 2007 in control orders, human rights, news, terrorism by sally

“Judges should be less ready to rule that control orders imposed on terrorism suspects breach human rights, the independent watchdog on terrorism law said yesterday. Lord Carlile of Berriew QC called on judges to review their approach to restrictions imposed by control orders after a further three terrorist suspects absconded last week, bringing the total to six.”

Full story

The Guardian, 30th May 2007

Source: www.guardian.co.uk

Rowdy residents ‘to be shut out’ – BBC News

Posted May 29th, 2007 in ASBOs, news by sally

“Nuisance neighbours could face being shut out of their homes under proposed new powers, the Home Office has said.” 

Full story

BBC News, 29th May 2007

Source: www.bbc.co.uk

Lloyds wins second charges case – BBC News

Posted May 29th, 2007 in banking, news by sally

“Lloyds TSB has won a second county court case against a customer trying to reclaim overdraft charges.” 

Full story

BBC News, 29th May 2007

Source: www.bbc.co.uk

We get a better class of criminal – The Times

Posted May 29th, 2007 in fraud, law firms by sally

“‘When people come through our door, they’re afraid – petrified of being prosecuted,’ Ian Burton, senior partner of the commercial fraud specialists, Burton Copeland, says. ‘Clients are increasingly concerned about the States – very anxious about potential exposure. If their case has an international dimension involving the US, they imagine themselves being put in chains at Cook County jail with large people who may beat them up.'”

Full story

The Times, 29th May 2007

Source: www.timesonline.co.uk

Bar Standards Board attacks plan to cut student numbers – The Times

Posted May 29th, 2007 in barristers, legal education, news by sally

“The Bar Standards Board (BSB) has criticised the Bar Council’s proposals to limit the number of places available on the Barristers Vocational Training course, the compulsory one-year training programme for aspiring barristers.”

Full story

The Times, 29th May 2007

Source: www.timesonline.co.uk

Online music retailer ordered to pay £35m damages – The Times

Posted May 29th, 2007 in copyright, damages, news, parallel imports by sally

“An internet retailer that broke a legally-binding promise not to sell imported CDs at almost half the price they sold for on the High Street has been ordered to pay the UK record industry £35 million, it emerged today.”

Full story

The Times, 29th May 2007

Source: www.timesonline.co.uk

Bar Council prompts war of words over training plans – The Lawyer

Posted May 29th, 2007 in barristers, legal education, news by sally

“The Bar Standards Board (BSB) has lashed out at the Bar Council’s proposals to limit BVC places in submissions made to the Entry to the Bar working party.”

Full story

The Lawyer, 29th May 2007

Source: www.thelawyer.com

Judges’ ruling challenges a traditional right – The Times

Posted May 29th, 2007 in disclosure, news, self-incrimination by sally

“Senior judges have dealt a blow to the ancient legal principle that a person is protected from incriminating himself.”

Full story

The Times, 29th May 2007

Source: www.timesonline.co.uk

Lawrence v. Pembrokeshire County Council – Times Law Reports

Posted May 29th, 2007 in child abuse, duty of care, law reports, local government by sally

Parent is owed no duty of care by children’s social workers

Lawrence v. Pembrokeshire County Council 

Court of Appeal

“The right to respect for family life, guaranteed by article 8 of the European Convention on Human Rights, did not outweigh the duty of a local authority to protect children at risk by placing them on the Child Protection Register.”

The Times, 29th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

C plc and Another v. P – Times Law Reports

Posted May 29th, 2007 in disclosure, law reports, self-incrimination by sally

Civil search order discloses potential criminal liability

C plc and Another v. P

Court of Appeal

“Where the execution of a civil search order led to the discovery of obscene images of children, the common law privilege against self-incrimination did not prevent the court from directing that the material be passed to the police.”

The Times, 29th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

O’Connor and Others v. Wiltshire County Council – Times Law Reports

Posted May 29th, 2007 in law reports, local government, roads by sally

County’s duty as highway authority

O’Connor and Others v. Wiltshire County Council

Court of Appeal

“A county council could not contract out its liability to maintain a public highway even if the highway had been constructed by someone who had not been a highway authority and contribution towards the costs of the construction of the road had been made by a third party.”

The Times, 28th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.