Recent Statutory Isntrumetns – legislation.gov.uk

Posted February 18th, 2011 in legislation by sally

The Crime and Security Act 2010 (Commencement No.3) Order 2011

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B and D) Order 2011

The Serious Organised Crime and Police Act 2005 (Commencement No.14) Order 2011

The Registrar of Companies (Fees) (European Economic Interest Grouping) (Amendment) Regulations 2011

The Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) (Amendment) Regulations 2011

The Registrar of Companies (Fees) (Limited Partnerships) (Amendment) Regulations 2011

The Air Navigation (Overseas Territories) (Amendment) Order 2011

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2011

 The CRC Energy Efficiency Scheme (Amendment) Order 2011

The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011

Source: www.legislation.gov.uk

New Push for LGB and T equality will allow civil partnerships in religious buildings – Home Office

Posted February 18th, 2011 in civil partnerships, equality, homosexuality, marriage, press releases by sally

“As part of its commitment to advancing equality for lesbian, gay, bisexual and transgender (LGB and T) people, the government will today announce that religious buildings will be allowed to host civil partnership registrations.”

Full press release

Home Office, 17th February 2011

Source: www.homeoffice.gov.uk

Phone hacking: police hand over evidence they claimed did not exist – The Guardian

Posted February 18th, 2011 in evidence, interception, news, police, telecommunications by sally

“The Metropolitan police have been accused of misleading behaviour in the phone-hacking scandal after handing over evidence they had twice claimed did not exist.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

Solicitor suspended over 19-year estate delay – Law Society’s Gazette

Posted February 18th, 2011 in delay, disciplinary procedures, news, professional conduct, solicitors by sally

“A Suffolk solicitor was suspended from practice last week after taking 19 years to settle a spinster’s estate.”

Full story

Law Society’s Gazette, 17th February 2011

Source: www.lawgazette.co.uk

Lawyer wins £10,000 damages from Solicitors from Hell owner – Law Society’s Gazette

Posted February 18th, 2011 in damages, defamation, internet, news, solicitors by sally

“A judge has condemned the owner of the Solicitors from Hell website for his conduct when committing a serious libel against a young solicitor.”

Full story

Law Society’s Gazette, 17th February 2011

Source: www.lawgazette.co.uk

Crawley brawl machete attacker Antonio Batsimba jailed – BBC News

Posted February 18th, 2011 in assault, news, offensive weapons, sentencing by sally

“A 22-year-old man has been given an indeterminate prison sentence for a machete attack in Crawley town centre which left three men seriously injured.”

Full story

BBC News, 17th February 2011

Source: www.bbc.co.uk

Football fan jailed for punching Stevenage player at FA Cup tie – The Guardian

Posted February 18th, 2011 in assault, news, sentencing, sport by sally

“A football fan who ran on to the pitch and punched a player has been jailed for 12 weeks. Robert Fitzgerald, 24, was also banned from attending regulated football matches in England and Wales for six years after assaulting Stevenage defender Scott Laird.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

Burglar shot by householder got ‘summary justice’ rules judge – Daily Telegraph

Posted February 18th, 2011 in burglary, news, self-defence, weapons by sally

“A burglar shot by a man defending his home was told by a judge that he had just received summary justice.”

Full story

Daily Telegraph, 18th February 2011

Source: www.telegraph.co.uk

Only dictators defy European rights law, judge tells Britain – Daily Telegraph

Posted February 18th, 2011 in elections, human rights, news, prisons by sally

“Europe’s most senior judge faced fierce criticism last night after suggesting that Britain would resemble a 1960s Greek dictatorship if it denied prisoners the vote and ignored human rights rulings.”

Full story

Daily Telegraph, 18th February 2011

Source: www.telegraph.co.uk

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted February 18th, 2011 in community care, detention, law reports, local government, mental health by sally
“A  mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011

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

Sex crime entertainer Jason Gaunt ‘acted like teenager’ – BBC News

Posted February 17th, 2011 in child abuse, indecent photographs of children, mental health, news by sally

“A children’s entertainer cannot be sentenced for sex offences against boys until a psychological assessment has taken place, a judge has said.”

Full story

BBC news, 17th February 2011

Source: www.bbc.co.uk

MI5 accused of ‘gagging’ justice – The Independent

Posted February 17th, 2011 in inquests, intelligence services, news, terrorism, verdicts by sally

“Lawyers for families of those killed in the 7/7 bombings suggest MI5 is trying to ‘gag’  justice by restricting the verdicts of the inquest into the attacks.”

Full story

The Independent, 17th February 2011

Source: www.independent.co.uk

Judge tells burglar bitten by police dog: ‘Good, I hope it hurt’ – Daily Telegraph

Posted February 17th, 2011 in burglary, news, sentencing, theft by sally

“On being told that the 8 year old German Shepherd Zak had sunk his teeth into a thief’s buttock, Judge Julian Lambert exclaimed ‘Good! I hope it hurt. Well done Zak!’ Last month Judge Lambert spoke out against the current ‘soft’ sentencing guidelines which prevented him jailing a burglar in Bristol. He said the guidelines which suggested a community order for the burglar were ‘wet’ and he added ‘We live in soft times.’  But sitting at Gloucester Crown court today the judge had no hesitation in locking up persistent thief John Davies for nine months.”

Full story

Daily Telegraph, 17th February 2011

Source:  www.telegraph.co.uk

Tom Hicks wins right to pursue damages over Liverpool sale – The Guardian

Posted February 17th, 2011 in damages, injunctions, news, sport by sally

“Tom Hicks, the former Liverpool owner, has been given the chance to launch damages claims over the sale of the Premier League club after orders barring action in the United Stated were partially lifted by a high court judge in London.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 17th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Winwood& Ors v Biffa Waste Services Ltd & Anor [2011] EWCA Civ 108 (17 February 2011)

Stonham v Ramrattan & Anor [2011] EWCA Civ 119 (16 February 2011)

O (Children) [2011] EWCA Civ 128 (16 February 2011)

High Court (Administrative Court)

Abdul & Ors v Director of Public Prosecutions [2011] EWHC 247 (Admin) (16 February 2011)

Lunn & Ors, R (on the application of) v HM Revenue and Customs [2011] EWHC 240 (Admin) (16 February 2011)

Renaissance Habitat Ltd, R (on the application of) v West Berkshire District Council [2011] EWHC 242 (Admin) (16 February 2011)

High Court (Chancery Division)

Sompo Japan Insurance Inc [2011] EWHC 260 (Ch) (16 February 2011)

Cosco Bulk Carrier Co Ltd v Armada Shipping SA & Anor [2011] EWHC 216 (Ch) (11 February 2011)

High Court (Commercial Court)

Wightlink Ltd v Mitchell Diesel Ltd (t/a Mitchell Power Systems) [2011] EWHC 241 (Comm) (14 February 2011)

Nanjing Tianshun Shipbuilding Co Ltd v Orchard Tankers PTE Ltd [2011] EWHC 164 (Comm) (11 February 2011)

Chalabi & Ors v Jaffar & Anor [2011] EWHC 203 (Comm) (11 February 2011)

INEOS Manufacturing Scotland Ltd. v Grangemouth Chp Ltd & Anor [2011] EWHC 163 (Comm) (11 February 2011)

High Court (Queen’s Bench Division)

Chvetsov v Matuzny [2011] EWHC 248 (QB) (16 February 2011)

Source: www.bailii.org

Regulation of healthcare professionals – Law Commission

Posted February 17th, 2011 in carers, consultations, health, Law Commission, press releases by sally

“The Law Commission has accepted a referral from the Department of Health to review the regulation of health and social care professionals.”

Full press release

Law Commission, 16th February 2011

Source: www.lawcom.gov.uk

Cotswold Geotech convicted of first corporate manslaughter charge under new Act – Crown Prosecution Service

Posted February 17th, 2011 in corporate manslaughter, news by sally

“Cotswold Geotechnical Holdings has today become the first company to be convicted of the new offence of corporate manslaughter.”

Full story

Crown Prosecution Service, 15th February 2011

Source: www.cps.gov.uk

Two sentenced over multi-million cannabis plot – UK Borders Agency

Posted February 17th, 2011 in drug trafficking, gangs, news, sentencing by sally

“Two members of a drug trafficking gang have been given prison sentences totalling 22 years for smuggling millions of pounds’ worth of cannabis into the UK.”

Full story

UK Borders Agency, 16th February 2011

Source: www.ukba.homeoffice.gov.uk

Keir Starmer QC’s speech on Equality and Diversity – Bar Standards Board

Posted February 17th, 2011 in barristers, equality, speeches by sally

“Did you miss our conference on our proposals for new Equality and Diversity Conduct and Practising rules? If so, find out what Keir Starmer QC had to say.”

Full speech

Bar Standards Board, 16th February 2011

Source: www.barstandardsboard.org.uk

Prudential taken to court by its own pension fund trustees – The Guardian

Posted February 17th, 2011 in news, pensions by sally

“Prudential, one of the country’s leading pension suppliers, has been taken to the high court by the trustees of its own employees’ retirement fund. The move by Prudential Staff Pensions could potentially force the financial services firm into topping up the scheme and comes after the Pru changed its practices in 2005 to plug a £379m deficit in the 92-year-old pension plan.”

Full story

The Guardian, 16th February 2011

Source: www.guardian.co.uk