Former control order suspects to sue British government – BBC News

Posted January 18th, 2010 in control orders, damages, news by sally

“The High Court has ruled that two former terrorism suspects can sue the government for damages.”

Full story

BBC News, 18th January 2010

Source: www.bbc.co.uk

Ministers plan law change to stop arrests of foreign officials – The Guardian

Posted January 18th, 2010 in diplomats, magistrates, news, warrants by sally

“New legislation that could strip magistrates of their power to issue arrest warrants for foreign dignitaries on visits to the UK has been attacked by MPs and campaigners.”

Full story

The Guardian, 15th January 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted January 18th, 2010 in legislation by sally

The Coroners and Justice Act 2009 (Commencement No.2) Order 2010

The Welfare Reform Act 2009 (Commencement No. 1) Order 2010

The Holocaust (Return of Cultural Objects) Act 2009 (Commencement) Order 2010

The Trade Marks (International Registration) (Amendment) Order 2010

The Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010

The Health and Social Care Act 2008 (Commencement No.13, Transitory and Transitional Provisions and Electronic Communications) Amendment Order 2010

The Care Quality Commission (Registration) Amendment Regulations 2010

The Inheritance Tax (Qualifying Non-UK Pension Schemes) Regulations 2010

Source: www.opsi.gov.uk

MPs warn of criminal justice ‘crisis’ – Law Society’s Gazette

Posted January 18th, 2010 in criminal justice, legal aid, news, prisons, reports by sally

“A committee of MPs has warned that the criminal justice system is ‘facing a crisis of sustainability’ as government spending on prisons takes resources away from other aspects of criminal justice.”

Full story

Law Society’s Gazette, 18th January 2010

Source: www.lawgazette.co.uk

Compensation for British victims of overseas terror attacks – The Guardian

Posted January 18th, 2010 in criminal injuries compensation, news, terrorism, victims by sally

“The government has agreed to provide financial help for British victims of terrorist attacks overseas, nearly five years after Tony Blair first promised action.”

Full story

The Guardian, 15th January 2010

Source: www.guardian.co.uk

The Marco Pierre White recipe making divorce courts shiver – The Times

Posted January 18th, 2010 in news by sally

“The chef’s battle over evidence used by his wife in their break-up could change the way such cases are held.”

Full story

The Times, 17th January 2010

Source: www.timesonline.co.uk

Economic Growth and Social Equity Mean Jackson Reforms are vital to the National Interest – The Bar Council

Posted January 18th, 2010 in costs, fees, news, reports by sally

“The wide-ranging review of the cost of accessing the civil justice system must be an economic and social priority of any incoming government, the Bar Council said today.”

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The Bar Council, 15th January 2010

Source: www.barcouncil.org.uk

Outdated laws lead to rise in court disputes over legacies – The Independent

Posted January 18th, 2010 in intestacy, news by sally

“Outdated laws and complex modern family structures are combining to cause a sharp jump in the number of inheritance disputes reaching the courts.”

Full story

The Independent, 17th January 2010

Source: www.independent.co.uk

Two and a half years on and still no verdict on MMR scare – The Independent

Posted January 18th, 2010 in disciplinary procedures, doctors, medicines, news, professional conduct by sally

“The GMC’s case against Andrew Wakefield has cost over £1m – so far. Jeremy Laurance, health editor, reports.”

Full story

The Independent, 16th January 2010

Source: www.independent.co.uk

Abuse of pre-pack deals ‘could turn Britain into an insolvency brothel’ – The Times

Posted January 18th, 2010 in news by sally

“Britain is in danger of becoming the ‘bankruptcy brothel of the world’, it was claimed yesterday, as furious creditors prepared a landmark legal challenge over the country’s largest pre-pack administration.”

Full story

The Times, 18th January 2010

Source: www.timesonline.co.uk

Office of Fair Trading takes prize draw companies to court – The Guardian

Posted January 18th, 2010 in gambling, news, unfair commercial practices by sally

“More than two years after Guardian Money highlighted the questionable tactics of two prize draw promotions companies, Britain’s consumer watchdog is launching court action aimed at putting a stop to their ‘deceptive’ practices.”

Full story

The Guardian, 16th January 2010

Source: www.guardian.co.uk

Airport body scanners could ‘breach human rights’ – Daily Telegraph

Posted January 18th, 2010 in airports, news, privacy by sally

“Airport body scanners, which show the naked form of anyone who passes through them, could breach human rights, according to the UK’s equality watchdog.”

Full story

Daily Telegraph, 17th January 2010

Source: www.telegraph.co.uk

Free music site creator cleared in fraud case – The Independent

Posted January 15th, 2010 in conspiracy, copyright, fraud, internet, news by sally

“A man accused of running one of the world’s largest music sharing websites was today acquitted of conspiracy to defraud.”

Full story

The Independent, 15th January 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted January 15th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Henry v Thames Valley Police [2010] EWCA Civ 5 (14 January 2010)

Head, R (on the application of) v Social Security Commissioner & Anor [2010] EWCA Civ 3 (14 January 2010)

Low & Ors, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 4 (14 January 2010)

High Court (Chancery Division)

Dore & Ors (“BOTHCA”) v Leicestershire County Council & Ors [2010] EWHC 34 (Ch) (15 January 2010)

Megtian Ltd v HM Revenue & Customs [2010] EWHC 18 (Ch) (15 January 2010)

Far Out Productions Inc v Unilever UK & CN Holdings Ltd [2009] EWHC 3484 (Ch) (16 December 2009)

Croly v Good & Ors [2010] EWHC 1 (Ch) (08 January 2010)

Ailyan & Ors v Smith & Ors [2010] EWHC 24 (Ch) (08 January 2010)

High Court (Administrative Division)

Director of Revenue and Customs Prosecutions, R (on the application of) v Birmingham Magistrates’ Court & Anor [2010] EWHC 12 (Admin) (15 January 2010)

High Court (Family Division)

Imerman v Imerman [2009] EWHC 3486 (Fam) (11 December 2009)

High Court (Commercial Court)

Safeway Stores Ltd & Ors v Twigger & Ors [2010] EWHC 11 (Comm) (15 January 2010)

Source: www.bailii.org

Peer drops damages-quantification amendment to digital bill – OUT-LAW.com

Posted January 15th, 2010 in bills, copyright, damages, internet, news by sally

“A Conservative peer who had proposed forcing copyright holders to detail the exact damage they suffered when trying to force alleged infringers off the internet will drop the plan. Lord Lucas told OUT-LAW Radio that he would ‘not pursue’ the proposal.”

Full story

OUT-LAW.com, 15th January 2010

Source: www.out-law.com

West Yorkshire nail bomb maker jailed for 11 years – BBC News

Posted January 15th, 2010 in explosives, news, offensive weapons, sentencing, terrorism by sally

“A man who admitted making nail bombs at his West Yorkshire home has been jailed for 11 years.”

Full story

BBC News, 15th January 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted January 15th, 2010 in legislation by sally

The Common Agricultural Policy Single Payment and Support Schemes (Appeals) Regulations 2010

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2010

The Proscribed Organisations (Name Changes) Order 2010

The Policing and Crime Act 2009 (Commencement No. 2) Order 2010

The Tribunal Procedure (Amendment No. 2) Rules 2010

The Tribunal Procedure (Amendment) Rules 2010

The First-tier Tribunal (Gambling) Fees Order 2010

The Tribunals, Courts and Enforcement Act 2007 (Miscellaneous Provisions) Order 2010

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2010

The Perpetuities and Accumulations Act 2009 (Commencement) Order 2010

The Surrey County Council (New Thames Road Bridge, Walton) Scheme 2008 Confirmation Instrument 2009

Source: www.opsi.gov.uk

Review of Civil Litigation Costs: final report – Judiciary of England and Wales

Posted January 15th, 2010 in costs, fees, news, personal injuries, reports by sally

Review of Civil Litigation Costs: final report (PDF)

Judiciary of England and Wales, 14th January 2010

Source: www.judiciary.gov.uk

Syed v Director of Public Prosecutions – WLR Daily

Posted January 15th, 2010 in law reports, police, powers of entry, warrants by sally

Syed v Director of Public Prosecutions

“The test which should be used by a police constable to establish whether or not he was entitled under s 17(1)(e) of the Police and Criminal Evidence Act 1984 to use force to enter and search premises, without a warrant, for the purpose of ‘saving life or limb or preventing serious damage to property’ was whether some serious or dangerous incident had occurred, or was likely to occur, within the premises, and not the officer’s ‘concern for the welfare’ of someone in the premises.”

WLR Daily, 14th January 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.

Gillan and Quinton v United Kingdom – Times Law Reports

Posted January 15th, 2010 in law reports by sally

Gillan and Quinton v United Kingdom

European Court of Human Rights

Police stop and search powers under anti-terrorism legislation in the United Kingdom were too wide and not adequately safeguarded by the law against abuse.

The Times, 15th January 2010

Source: www.timesonline.co.uk