Recent Statutory Instruments – OPSI

Posted July 13th, 2009 in legislation by sally

The M57 Motorway Junction 7 (Switch Island) (Speed Limits) Regulations 2009

The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2009

The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 2009

The Companies Act 2006 (Part 35) (Consequential Amendments, Transitional Provisions and Savings) Order 2009

The Registrar of Companies and Applications for Striking Off Regulations 2009

The General Dental Council (Constitution) Order 2009

The Data Protection (Processing of Sensitive Personal Data) Order 2009

The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009

The Banking Act 2009 (Restriction of Partial Property Transfers) (Amendment) Order 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 8) 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 9) 2009

The Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2009

The International Monetary Fund (Limit on Lending) Order 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 10) 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 11) 2009

The National Health Service Trusts (Transfer of Staff, Property, Rights and Liabilities) (Wales) Order 2009

The Local Health Boards (Transfer of Staff, Property, Rights and Liabilities) (Wales) Order 2009

Source: www.opsi.gov.uk

Hovell v Ashford & St Peter’s Hospital NHS Trust – WLR Daily

Posted July 13th, 2009 in employment tribunals, equal pay, law reports, sex discrimination by sally

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670; [2009] WLR (D) 237

“An independent expert report as to equal value was not always necessary before an employment tribunal could determine an equal value pay claim based on the contents of a job evaluation scheme (‘JES’). However, the fact that there was only a small difference in points awarded to a claimant and her male comparators in a JES did not of itself establish that the jobs were of equal value, and a claimant who relied on such a JES rather than an independent expert’s report risked failing to persuade the tribunal that her job was of equal value.”

WLR Daily, 10th July 2009

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.

Syska and another v Vivendi Universal SA and others – WLR daily

Posted July 13th, 2009 in arbitration, EC law, insolvency, jurisdiction, law reports by sally

Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236

“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”

WLR Daily, 10th July 2009

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 v Lucien – Times Law Reports

Posted July 13th, 2009 in judgments, law reports, sentencing by sally

Regina v Lucien

Court of Appeal

“Where a judge did not accept the basis of a defendant’s plea of guilty, he was obliged to inform the defendant of that fact before proceeding to sentence.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Lee v Whitehouse – Times Law Reports

Posted July 13th, 2009 in law reports, repossession by sally

Lee v Whitehouse

Court of Appeal

“A judge who was asked to make a possession order under section 98(1)(a) of the Rent Act 1977 on the ground that there was suitable alternative accommodation available had to decide whether or not it was reasonable to make an order by evaluating the effect on both parties if an order was made and if it was not.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Radmacher (formerly Granatino) v Granatino – Times Law Reports

Posted July 13th, 2009 in divorce, law reports, prenuptial agreements by sally

Radmacher (formerly Granatino) v Granatino

Court of Appeal

“Judges exercising the wide discretion they have in achieving fairness between the parties in matrimonial ancillary relief proceedings were able to take into account the terms of any prenuptial agreement.”

The Times, 13th July 2009

Source: www.timesonline.co.uk

Family Procedure Rule Committee annual report 2008 – Ministry of Justice

Posted July 13th, 2009 in family courts, press releases by sally

“The annual report for the family procedure rule committee, a non-departmental public body set up under the Courts Act 2003 to make rules of court for use in family proceedings.”

Full press release

Ministry of Justice, 10th July 2009

Source: www.justice.gov.uk

Corporate Manslaughter and Corporate Homicide Act 2007: Progress towards Implementing the Custody Provisions – Ministry of Justice

Posted July 13th, 2009 in corporate manslaughter, press releases by sally

“Justice Minister Claire Ward has made a statement about the Corporate Manslaughter and Corporate Homicide Act 2007.”

Full press release

Ministry of Justice, 13th July 2009

Source: www.justice.gov.uk

Illegal immigrant caught on wedding day – UK Border Agency

Posted July 13th, 2009 in immigration, press releases by sally

“An illegal immigrant was today removed from the United Kingdom after being arrested on his wedding day last week.”

Full press release

UK Border Agency, 9th July 2009

Source: www.ukba.homeoffice.gov.uk

Attorney welcomes boost for public input into prosecutions – Attorney General’s Office

Posted July 13th, 2009 in Crown Prosecution Service, press releases by sally

“Prosecutors have made a flying start in a vital piece of work to improve public confidence in the justice system, the Attorney General Baroness Scotland QC said today, marking the set-up phase for a major initiative from the Crown Prosecution Service – the Community Prosecutor approach.”

Full press release

Attorney General’s Office, 9th July 2009

Source: www.attorneygeneral.gov.uk

Sacked officer loses race claim – BBC News

Posted July 13th, 2009 in news, police, race discrimination, unfair dismissal by sally

“A claim of racial discrimination and unfair dismissal by a police community support officer has been thrown out at an employment tribunal.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

Wrigley’s fined after arm injury

Posted July 13th, 2009 in fines, health & safety, news by sally

“The chewing gum maker Wrigley’s has been fined £150,000 after an employee suffered severe arm injuries as he cleaned a moving production line.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

Newlyweds jailed for killing man – BBC News

Posted July 13th, 2009 in homicide, news, sentencing by sally

“A newlywed couple who killed a man the morning after their wedding have been jailed for manslaughter.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

MoD may face hundreds of new torture claims – The Independent

Posted July 13th, 2009 in armed forces, Iraq, news, torture by sally

“The Ministry of Defence faces the threat of hundreds of claims for alleged abuse and torture of Iraqi civilians by British soldiers. Lawyers say emerging evidence of abuses, including use of electric shocks, points to a systematic policy of sensory deprivation, sleep deprivation and beatings throughout the occupation of Basra, which must have been authorised by senior officers or politicians and known to hundreds of soldiers.”

Full story

The Independent, 12th July 2009

Source: www.independent.co.uk

Baha Mousa public inquiry to examine allegations of torture in British custody – Daily Telegraph

Posted July 13th, 2009 in armed forces, inquiries, Iraq, news, torture by sally

“A major public inquiry into the death of an Iraqi civilian called Baha Mousa in British military custody with the former Queen’s Lancashire Regiment will begin on Monday.”

Full story

Daily Telegraph, 13th July 2009

Source: www.telegraph.co.uk

Doctors demand inquest into death of Dr David Kelly – Daily Telegraph

Posted July 13th, 2009 in inquests, news by sally

“A group of 13 doctors who believe that Dr David Kelly, the Government scientist, did not commit suicide, but was murdered, are launching a legal campaign to demand an inquest.”

Full story

Daily Telegraph, 13th July 2009

Source: www.telegraph.co.uk

Solicitor Leslie Seldon’s retirement age challenge at appeal court – The Times

Posted July 13th, 2009 in news, retirement, solicitors by sally

“A solicitor who was forced to leave his job at the age of 65 will bring a test appeal today in the first challenge over compulsory retirement to reach the Court of Appeal.”

Full story

The Times, 13th July 2009

Source: www.timesonline.co.uk

Husband jailed for shooting rival – BBC News

Posted July 10th, 2009 in attempted murder, attempts, firearms, news, sentencing by sally

“A jealous husband who tried to ‘execute’ a love rival in a barbershop as he cut a child’s hair has been jailed indefinitely.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

Acid attack litigant found guilty – BBC News

Posted July 10th, 2009 in grievous bodily harm, news by sally

“A man who sprayed acid at lawyers when his negligence claim was dismissed by a court has been found guilty of causing grievous bodily harm with intent.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

Conman jailed for pilgrims scam – BBC News

Posted July 10th, 2009 in fraud, news, sentencing by sally

“A conman who tricked religious pilgrims out of hundreds of thousands of pounds has been jailed for six years.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk