Recent Statutory Instruments – legislation.gov.uk

Posted November 26th, 2010 in legislation by sally

The Children and Families (Wales) Measure 2010 (Commencement No. 2, Savings and Transitional Provisions) Order 2010

The Social Security Benefit (Computation of Earnings) (Amendment) Regulations (Northern Ireland) 2009 1

The Visits to Former Looked After Children in Detention (England) Regulations 2010

The Harbour School (Amendment) Order 2010

Source: www.legislation.gov.uk

OFT backs replacement of criminal penalties with civil ones – OUT-LAW.com

Posted November 26th, 2010 in competition, consumer protection, Law Commission, news by sally

“Competition law and consumer watchdog the Office of Fair Trading has welcomed a legal reform proposal that would reduce its reliance on criminal law but has said that proposal should be less rigid to allow it to protect consumers.”

Full story

OUT-LAW.com, 25th Novmber 2010

Source: www.out-law.com

Court of Appeal dismisses US-style class action bid – Law Society’s Gazette

Posted November 26th, 2010 in airlines, class actions, news, price fixing by sally

“The Court of Appeal has dismissed an attempt to bring a US-style class action against British Airways for participating in an airfreight price-fixing cartel, just nine days after the European Commission (EC) fined the airline more than €100m (£85m) for its role in the cartel and told claimants that they could seek damages in national courts.”

Full story

Law Society’s Gazette, 25th November 2010

Source: www.lawgazette.co.uk

Colombians jailed for Tilbury cocaine smuggling – UK Border Agency

Posted November 26th, 2010 in drug trafficking, press releases, sentencing by sally

“Two Colombian men who stowed away on a ship for 12 days in an attempt to smuggle 50 kg of cocaine across the Atlantic Ocean were jailed for 14 years on 24 November.”

Full press release

UK Border Agency, 25th November 2010

Source: www.ukba.homeoffice.gov.uk

Fundamental Change in requirement for barristers to notify directly clients of their right to make a complaint – The Bar Council

Posted November 26th, 2010 in barristers, complaints, press releases by sally

“The Bar Standards Board (BSB) has recently issued guidance on dealing with complaints made to chambers and sole practitioners.”

Full press release

The Bar Council, 25th November 2010

Source: www.barcouncil.org.uk

Peterborough physiotherapist suspended for 12 months – BBC News

Posted November 26th, 2010 in disciplinary procedures, news, physiotherapists, professional conduct by sally

“A physiotherapist whose work was described as ‘chaotic’ has been suspended for 12 months.”

Full story

BBC News, 25th November 2010

Source: www.bbc.co.uk

GMC rules Plymouth heart man Dr Motwani fit to practise – BBC News

Posted November 26th, 2010 in disciplinary procedures, doctors, news, professional conduct by sally

“A heart specialist who carried out ‘inadequate, careless and unethical’ medical trials is not unfit to practise, a misconduct panel has found.”

Full story

BBC News, 25th November 2010

Source: www.bbc.co.uk

Terrorist jailed in 1986 contests minister’s refusal to release him – The Guardian

Posted November 26th, 2010 in aircraft, explosives, news, parole, terrorism by sally

“A man jailed for 45 years for plotting to blow up an Israeli airliner flying out of Heathrow today challenged the government’s refusal to accept a parole board recommendation to release him.”

Full story

The Guardian, 25th November 2010

Source: www.guardian.co.uk

George Osborne to be investigated by watchdog over cuts – The Guardian

Posted November 26th, 2010 in budgets, equality, government departments, news, statutory duty by sally

“Equality commission set to launch formal assessment into the Treasury’s conduct prior to last month’s spending review.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

Baby P doctor wins fresh chance over hearing – The Independent

Posted November 26th, 2010 in child abuse, disciplinary procedures, doctors, news by sally

“A doctor accused of failing to spot that Baby P had a broken back days before his death today won a crucial High Court battle in her bid to avoid a disciplinary hearing.”

Full story

The Independent, 25th November 2010

Source: www.independent.co.uk

Two in £53m Securitas raid in Kent lose appeal – BBC News

Posted November 25th, 2010 in gangs, news, robbery, sentencing by sally

“Two members of a gang jailed for their part in stealing £53m in Britain’s biggest cash robbery have failed in bids to overturn their convictions.”

Full story

BBC News, 25th November 2010

Source: www.bbc.co.uk

Spurned lover jailed for brutal stabbing – The Independent

Posted November 25th, 2010 in news, offensive weapons, sentencing, wounding by sally

“A spurned lover who repeatedly stabbed a mother-of-two a month after he was bailed following a previous assault on her was jailed for eight years today.”

Full story

The Independent, 25th November 2010

Source: www.independent.co.uk

Why Lord Justice Moses should watch 12 Angry Men – The Guardian

Posted November 25th, 2010 in judiciary, juries, news by sally

“The judge’s proposals on criminal trials are a dangerous attack on the jury system. I hope he won’t prevail.”

Full story

The Guardian, 24th November 2010

Source: www.guardian.co.uk

Police chief and deputy face charges over alleged nepotism – The Guardian

Posted November 25th, 2010 in news, police, professional conduct, recruitment by sally

“A police chief and his deputy are to face serious misconduct charges following an independent report into alleged nepotism during a botched recruitment exercise.”

Full story

The Guardian, 25th November 2010

Source: www.guardian.co.uk

Supreme court clears way to deport rapist – The Independent

Posted November 25th, 2010 in asylum, child abuse, deportation, news, rape by sally

“A Somali national jailed for rape and indecency with a child faces deportation following a ruling of the Supreme Court.”

Full story

The Independent, 25th November 2010

Source: www.independent.co.uk

Calls for major reform to law training – Law Society’s Gazette

Posted November 25th, 2010 in legal education, news by sally

“Pressure mounted for sweeping reform of the education and training of lawyers this week, as regulators announced a root-and-branch review of the current framework.”

Full story

Law Society’s Gazette, 25th November 2010

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted November 25th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Crest Nicholson (Londinium) Ltd. v Akaria Investments Ltd. [2010] EWCA Civ 1331 (25 November 2010)

Terluk v Berezovsky [2010] EWCA Civ 1345 (25 November 2010)

Unilever Plc & Ors v Shanks [2010] EWCA Civ 1283 (25 November 2010)

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWCA Civ 1335 (24 November 2010)

Hanton-Rhouila v Westminster City Council [2010] EWCA Civ 1334 (24 November 2010)

Court of Appeal (Criminal Division)

PR, R v [2010] EWCA Crim 2741 (24 November 2010)

Daniels & Ors, R v [2010] EWCA Crim 2740 (24 November 2010)

High Court (Administrative Court)

Puzo v District Court In Kladno, Czech Republic [2010] EWHC 3056 (Admin) (24 November 2010)

High Court (Chancery Division)

Satinland Finance SARL & Anor v BNP Paribas Trust Corporation UK Ltd & Anor [2010] EWHC 3062 (Ch) (24 November 2010)

ITV Broadcasting Ltd & Ors v TV Catch Up Ltd [2010] EWHC 3063 (Ch) (25 November 2010)

High Court (Queen’s Bench division)

Daniels v British Broadcasting Corporation (BBC) [2010] EWHC 3057 (QB) (24 November 2010)

KJH v HGF [2010] EWHC 3064 (QB) (24 November 2010)

Source: www.bailii.org

Revenue and Customs Commissioners v Holland and another; In re Paycheck Services 3 Ltd and others – WLR Daily

Posted November 25th, 2010 in company directors, insolvency, law reports, misfeasance by sally

Revenue and Customs Commissioners v Holland and another In re Paycheck Services 3 Ltd and others [2010] UKSC 51; [2010] WLR (D) 298

“A director of a corporate director of a company was not a de facto director of that company, who was thereby liable for the misuse of its assets, if his acts were done entirely within the ambit of the discharge of his duties and responsibilities as a director of the corporate director.”

WLR Daily, 24th November 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.

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) – WLR Daily

Posted November 25th, 2010 in appeals, constitutional law, law reports, Privy Council by sally

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) [2010] UKPC 28; [2010] WLR (D) 297

“When an appeal to the Privy Council was expressed to be as of right under the Constitution of the country appealed from, it was still necessary either to obtain leave from the local Court of Appeal or if that was refused, to obtain special leave from the Privy Council.”

WLR Daily, 24th November 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.

Regina (Conservative and Unionist Party) v Election Commissioner – WLR Daily

Posted November 25th, 2010 in costs, elections, law reports, local government by sally

Regina (Conservative and Unionist Party) v Election Commissioner [2010] EWCA Civ 1332; [2010] WLR (D) 296

“It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. Once the election commissioner had made a final order for costs and dealt with all aspects of the petiton under the Representation of the People Act 1983 he did not have the authority to re-open a decision as to costs and consider making an order against a third party.”

WLR Daily, 24th November 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.