English law ‘favours sexual partners over relatives’ – BBC News

Posted February 3rd, 2010 in children, news, speeches by sally

“English law favours ‘idle sexual partners over deserving relatives’, Baroness Deech, one of Britain’s most senior family lawyers, has said.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

The Big Question: What is equality legislation, and why is the Pope so concerned about it? – The Independent

Posted February 3rd, 2010 in bills, equality, homosexuality, news, sexual orientation discrimination by sally

“Why are we asking this now?

The Pope has made an extraordinary intervention into British politics by urging Catholics to oppose the Equality Bill going through Parliament. The Bill has finished its passage through the House of Commons, and was being fiercely debated in the House of Lords last week, with religious groups lined up on both sides of the argument, and may become the cause of a stand-off between MPs and peers.”

Full story

The Independent, 3rd February 2010

Source: www.independent.co.uk

Peta poster showing Baby P killer Steven Barker banned – BBC News

Posted February 3rd, 2010 in advertising, animal cruelty, charities, news by sally

“A poster on animal cruelty showing the killer of Baby Peter has been banned by the Advertising Standards Authority.”

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BBC News, 3rd February 2010

Source: www.bbc.co.uk

Damages win for consultant who criticised cost-cutting – The Independent

Posted February 3rd, 2010 in compensation, doctors, employment tribunals, news, whistleblowers by sally

“A senior consultant at a London hospital who was suspended after repeatedly raising concerns about the health and safety of patients has a won a landmark claim.”

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The Independent, 3rd February 2010

Source: www.independent.co.uk

Treasury faces legal bid over RBS handout – BBC News

Posted February 3rd, 2010 in banking, environmental protection, human rights, judicial review, news by sally

“Environment and human rights campaigners are suing the Treasury over its injection of capital into the Royal Bank of Scotland last year.”

Full story

BBC News, 3rd February 2010

Source: www.bbc.co.uk

Border staff humiliate and trick asylum seekers – whistleblower – The Guardian

Posted February 3rd, 2010 in asylum, news, whistleblowers by sally

“Claims that asylum seekers are mistreated, tricked and humiliated by staff working for the UK Border Agency are to be investigated in parliament.”

Full story

The Guardian, 2nd February 2010

Source: www.guardian.co.uk

Criminal Procedure Rules 2010 published – Ministry of Justice

Posted February 3rd, 2010 in criminal procedure, legislation, Ministry of Justice, news by sally

“The Criminal Procedure Rule Committee has made the first consolidating edition of the Criminal Procedure Rules.”

Full story

Ministry of Justice, 2nd February 2010

Source: www.justice.gov.uk

Father loses legal battle over mobile mast – The Independent

Posted February 3rd, 2010 in appeals, autism, news, telecommunications by sally

“The father of an autistic daughter lost a High Court battle today against a mobile phone mast being sited outside his home.”

Full story

The Independent, 2nd February 2010

Source: www.independent.co.uk

Bernard Madoff prosecutions dropped by SFO – BBC News

Posted February 2nd, 2010 in fraud, news, Serious Fraud Office by sally

“No prosecutions will take place in Britain in connection with the multibillion-dollar fraud carried out by Bernard Madoff.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

Gang member gets 17 years for murdering teenage cadet – The Independent

Posted February 2nd, 2010 in gangs, murder, news, sentencing, young offenders by sally

“A teenage gang member who knifed a 16-year-old army cadet through the heart was sentenced to a minimum of 17 years behind bars today.”

Full story

The Independent, 2nd February 2010

Source: www.independent.co.uk

Mother wins appeal against murder conviction – BBC News

Posted February 2nd, 2010 in appeals, murder, news by sally

“A woman jailed for killing her three-year-old son by smothering him with a pillow has had her murder conviction changed to manslaughter.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

Refusal to stop John Terry story was not a privacy law U-turn, says expert – OUT-LAW

Posted February 2nd, 2010 in injunctions, media, news, privacy, sport by sally

“The High Court’s refusal to issue an injunction preventing the media from reporting an alleged affair footballer John Terry had with a team mate’s girlfriend is unlikely to change the course of privacy law, an expert said.”

Full story

OUT-LAW.com, 2nd February 2010

Source: www.out-law.com

BAILII: Recent Decisions

Posted February 2nd, 2010 in law reports by sally

High Court (Chancery Division)

American Express Services Europe Ltd v HM Revenue & Customs [2010] EWHC 120 (Ch) (29 January 2010)

Byers & Ors (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation & Anor [2010] EWHC 133 (Ch) (01 February 2010)

High Court (Family Division)

S (A Child), Re [2010] EWHC B1 (Fam) (04 January 2010)

High Court (Administrative Court)

Hines v Secretary of State for the Home Department [2010] EWHC 69 (Admin) (26 January 2010)

High Court (Commercial Court)

Kolmar Group AG v Traxpo Enterprises PVT Ltd [2010] EWHC 113 (Comm) (01 February 2010)

Blue Sky One Ltd & Ors v Blue Airways Llc & Ors [2010] EWHC 128 (Comm) (01 February 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 2nd, 2010 in legislation by sally

The Enactment of Extra-Statutory Concessions Order 2010

The Criminal Defence Service (Contribution Orders) (Amendment) Regulations 2010

The Criminal Defence Service (Information Requests) (Prescribed Benefits) (Amendment) Regulations 2010

The Infrastructure Planning (Fees) Regulations 2010

The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010

The Infrastructure Planning (Compulsory Acquisition) Regulations 2010

The Infrastructure Planning (Examination Procedure) Rules 2010

The Representation of the People (Scotland) (Amendment) Regulations 2010

The Social Security (Contributions) (Amendment) Regulations 2010

The Pollution Prevention and Control (Designation of Directives)(England and Wales) Order 2010

The Planning Act 2008 (Commencement No.4 and Saving) Order 2010

The Mental Health Act 2007 (Commencement No.11) Order 2010

The Coroners and Justice Act 2009 (Commencement No. 3 and Transitional Provision) Order 2010

The Infrastructure Planning (Interested Parties) Regulations 2010

Source: www.opsi.gov.uk

Thornton and another v Director of Public Prosecutions – WLR Daily

Posted February 2nd, 2010 in appeals, judiciary, law reports, sentencing by sally

Thornton and another v Director of Public Prosecutions [2010] WLR (D) 17

“When assessing whether an indication by convicting justices as to the type of sentence which a defendant was likely to receive from a different sentencing judge gave rise to a legitimate expectation on the part of the defendant that the sentencing judge would in fact pass sentence in accordance with such an indication, the sentencing judge needed to consider whether the justices had complied with their duty pursuant to s 172 (1)(b) of the Criminal Justice Act 2003 to have regard to sentencing guidelines when carrying out a function relating to the sentencing of offenders.”

WLR Daily, 1st February 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.

Alemo-Herron and others v Parkwood Leisure Ltd – WLR Daily

Posted February 2nd, 2010 in appeals, law reports, remuneration, transfer of undertakings by sally

Alemo-Herron and others v Parkwood Leisure Ltd [2010] EWCA Civ 24; [2010] WLR (D) 16

“In the case of a competitive transfer to the private sector of local authority services, and thence to further private sector employment, the employers, in not having abided by the terms relating to pay in a collective bargaining pay settlement agreed between the local authority and trade unions, had not made an unlawful deduction from wages; and an entitlement within the agreement to pay increases was not enforceable against the employers under reg 5(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.”

WLR Daily, 1st February 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.

R (Savage) v Hillingdon London Borough Council – WLR Daily

Posted February 2nd, 2010 in homelessness, housing, judicial review, law reports, local government by sally

R (Savage) v Hillingdon London Borough Council [2009] EWHC 88 (Admin); [2010] WLR (D) 15

“In the discharge of its duty to provide advice and assistance to an intentionally homeless claimant, the local authority had to apply its policy flexibly and take into account the claimant’s own particular circumstances.”

WLR Daily, 1st February 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.

R v Sheppard; R v Whittle – WLR Daily

Posted February 2nd, 2010 in inciting racial hatred, internet, jurisdiction, law reports, publishing by sally

R v Sheppard; R v Whittle [2010] EWCA Crim 65; [2010] WLR (D) 1

“Where a substantial measure of the alleged activities involved had taken place in England, the English court had jurisdiction to try charges of publishing of racially inflammatory material contrary to s 19(1) of the Public Order Act 1986 even though publication had taken place through a website hosted outside the jurisdiction.”

WLR Daily, 1st February 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.

JA (Ivory Coast) v Secretary of State for the Home Department – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

JA (Ivory Coast) v Secretary of State for the Home Department

Court of Appeal

“It was necessary to weigh in the balance how far the proportionality of removal of an individual from the jurisdiction was affected by the history of any compassionate grant and renewal for medical treatment of leave to remain.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates Court – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates Court

Queen’s Bench Divisional Court

“Service by a local authority of a notice to abate an alleged statutory nuisance did not comprise the institution of summary proceedings.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk