Recent Statutory Instruments – OPSI

Posted June 24th, 2010 in legislation by sally

The M4 Motorway (Rogiet Toll Plaza, Monmouthshire) (50 mph Speed Limit) Regulations 2010

The Health Protection (Part 2A Orders) (Wales) Regulations 2010

The Health Protection (Local Authority Powers) (Wales) Regulations 2010

The Health Protection (Notification) (Wales) Regulations 2010

The Education (Chief Inspector of Education and Training in Wales) (No. 2) Order 2010

The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 

Source: www.opsi.gov.uk

Timbrell v Secretary of State for Work and Pensions – WLR Daily

Posted June 24th, 2010 in appeals, law reports, pensions, retrospectivity, sex discrimination by sally

Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155

The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise.”
WLR Daily, 23rd June 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for the Home Department v AP (No 2) – WLR Daily

Secretary of State for the Home Department v AP (No 2) [2010] UKSC 26; [2010] WLR (D) 154

 “The public interest in publishing a full report of control order proceedings, identifying the suspected terrorist involved, had to give way to the need to protect the suspected terrorist from the risk of violence in circumstances where he was required to live in a town in which there were considerable community tensions and racist attacks on members of the Muslim community had taken place.”

WLR Daily, 23rd June 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.

Ex-solicitor general Vera Baird given six-month driving ban – The Independent

Posted June 24th, 2010 in driving licences, fines, news, road traffic offences by sally

“A former solicitor general who sped down a motorway at almost 100mph was banned from driving for six months today. Top flight QC and former MP Vera Baird, 60, used all her eloquence in court in an attempt to preserve her licence.  But magistrates at Pontypridd, south Wales, dismissed her lengthy arguments after she admitted driving at 98mph on the M4 near Miskin.”

Full story

The Independent, 23rd June 2010

Source: www.independent.co.uk

Probation staff admit to serious failures over sex offenders – The Guardian

Posted June 24th, 2010 in news, probation, rehabilitation, reports, sexual offences by sally

“Probation officers have admitted to lacking the skills and training necessary to protect the public from sex offenders, according to an independent investigation into the police and probation services.”

Full story

The Guardian, 24th June 2010

Source: www.gaurdian.co.uk

Tube strike on after court refuses injunction – The Independent

Posted June 23rd, 2010 in industrial action, injunctions, news, railways, transport by sally

“A 48-hour strike by London Underground maintenance workers will go ahead tonight after the High Court refused to grant an injunction preventing the stoppage.”

Full story

The Independent, 23rd June 2010

Source: www.independent.co.uk

Boy rapist’s life sentence reduced on appeal – BBC News

Posted June 23rd, 2010 in appeals, news, rape, release on licence, sentencing, young offenders by sally

“A 12-year-old County Durham schoolboy who raped his teacher has had his life sentence reduced on appeal.”

Full story

BBC News, 23rd June 2010

Source: www.bbc.co.uk

Fundamental look at legal aid system begins – Ministry of Justice

Posted June 23rd, 2010 in legal aid, Ministry of Justice, press releases by sally

“The government today announced a fundamental look at the legal aid system, designed to create a stable and sustainable system providing access to justice for those who need it most.”

Full press release

Ministry of Justice, 23rd June 2010

Source: www.justice.gov.uk

Stamford restaurant faces £50,000 fine – UK Border Agency

Posted June 23rd, 2010 in employment, fines, immigration, penalties, press releases by sally

“Five illegal workers have been caught in Stamford by our officers.”

Full press release

UK Border Agency, 21st June 2010

Source: www.ukba.homeoffice.gov.uk

Government reinstates Equality Act timetable – OUT-LAW.com

Posted June 23rd, 2010 in equality, legislation, news by sally

“Last week we reported that the Government Equality Office had withdrawn the published timetable for implementing the Equality Act.

Now the GEO has reinstated the original timetable, saying that ‘the Government Equalities Office continues to work on the basis of the previously announced timetable, which envisaged commencement of the Act’s core provisions in October 2010’.”

Full story

OUT-LAW.com, 23rd June 2010

Source: www.out-law.com

Workers may find discrimination claims for depression easier after EAT ruling – OUT-LAW.com

“Workers who claim disability discrimination on account of depression should have their cases assessed by the effect of their condition rather than on the basis of strict medical diagnosis, the Employment Appeals Tribunal (EAT) has ruled.”

Full story

OUT-LAW.com, 21st June 2010

Source: www.out-law.com

Consultations on local courts published – Ministry of Justice

Posted June 23rd, 2010 in consultations, courts, Ministry of Justice, news by sally

“Ministers announced today proposals to modernise and improve the use of courts in England and Wales.”

Full story

Ministry of Justice, 23rd June 2010

Source: www.justice.gov.uk

Court to rule on men’s bid to avoid extradition – The Independent

Posted June 23rd, 2010 in bail, extradition, news by sally

“The High Court rules today on a bid by five young men to avoid extradition to Greece where they are wanted in relation to a savage attack on a footballer outside a Crete nightclub.”

Full story

The Independent, 23rd June 2010

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted June 23rd, 2010 in legislation by sally

The Authorised Investment Funds (Tax) (Amendment No. 2) Regulations 2010

The Saving Gateway Accounts Act 2009 (Revocation of Commencement) Order 2010

The Marine Strategy Regulations 2010

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted June 23rd, 2010 in law reports by sally

Court of Appeal (Civil Division)

Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701 (22 June 2010)

Harris, R (on the application of) v The London Borough of Haringey [2010] EWCA Civ 703 (22 June 2010)

Jivraj v Hashwani (Rev 2) [2010] EWCA Civ 712 (22 June 2010)

Occlutech GmbH v AGA Medical Corporation [2010] EWCA Civ 702 (22 June 2010)

High Court (Chancery Division)

Drake v Harvey & Ors [2010] EWHC 1446 (Ch) (16 June 2010)

High Court (Administrative Court)

Yusuf, R (on the application of) v The Parole Board [2010] EWHC 1483 (Admin) (22 June 2010)

High Court (Technology and Construction Court)

Traditional Structures Ltd v HW Construction Ltd [2010] EWHC 1530 (TCC) (26 May 2010)

WW Gear Construction Ltd v McGee Group Ltd [2010] EWHC 1460 (TCC) (21 June 2010)

Source: www.bailii.org

Bar Council Chairman – “We’re on the precipice of change” – The Bar Council

“Nicholas Green QC, the Chairman of the Bar Council, which represents over 15,000 barristers in England and Wales, has told barristers that the profession is ‘on the precipice of change’ in his address to the Bar Council’s Annual Remuneration Conference.”

Full story

The Bar Council, 22nd June 2010

Source: www.barcouncil.org.uk

Man guilty of antique horticultural books theft – BBC News

Posted June 23rd, 2010 in news, theft by sally

“A man has been found guilty of stealing antique books worth £40,000 from a world-famous library in central London.”

Full story

BBC News, 22nd June 2010

Source: www.bbc.co.uk

Football and domestic violence – BBC Law in Action

Posted June 23rd, 2010 in crime prevention, domestic violence, podcasts, police, sport by sally

“At the half way stage of the World Cup, police forces across the UK are paying unsolicited visits to men with a record of domestic violence. It’s a strategy recommended by the Association of Chief Police Officers. According to ACPO, research shows that domestic violence peaks during big sporting events like the World Cup. Many police forces have therefore concluded that it makes sense to let potential perpetrators know they are being watched. As Joshua Rozenberg finds when he sees the policy in action in Nottinghamshire, police on the ground belive the policy is working. But a closer look at the evidence casts doubt on whether there really is such a link and traces the idea that there is back to an urban myth from the United States.”

Podcast

BBC Law in Action, 22nd June 2010

Source: www.bbc.co.uk

Police, prisons and probation ‘failing to tackle child gangs’ – The Guardian

Posted June 23rd, 2010 in children, gangs, news, police, prisons, probation, reports by sally

“Police, prisons and probation services are failing to tackle the growing dangers of young people getting involved in gangs, according to a damning new report.”

Full story

The Guardian, 23rd June 2010

Source: www.guardian.co.uk

High Court move by Tube Lines to stop workers’ strike – BBC News

Posted June 23rd, 2010 in industrial action, news, railways, transport by sally

“The firm responsible for repairs to the Tube network is to seek a High Court injunction to stop a strike by maintenance workers.”

Full story

BBC News, 23rd June 2010

Source: www.bbc.co.uk