BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Jessop v R [2010] EWCA Crim 517 (22 March 2010)
Mendez & Anor v R [2010] EWCA Crim 516 (22 March 2010)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010
The Notification of Conventional Tower Cranes (Amendment) Regulations 2010
The European Communities (Designation) Order 2010
The Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2010
The Parliamentary Elections (Returning Officers’ Charges) Order 2010
The Northern Ireland Act 2009 (Commencement No.2) Order 2010
The Police Act 1997 (Criminal Records) (Jersey) Order 2010
The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010
The Uzbekistan (Restrictive Measures) (Overseas Territories) (Revocation) Order 2010
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
The Police Act 1997 (Criminal Records) (Amendment) Regulations 2010
The Social Security Benefits Up-rating Regulations 2010
The Audiovisual Media Services (Product Placement) Regulations 2010
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2010
The Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations 2010
The Legislative Reform (Dangerous Wild Animals) (Licensing) Order 2010
The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010
Source: www.opsi.gov.uk
MPs warned: cheat on expenses and face ‘a ton of bricks’ – The Guardian
“The parliamentary watchdog has warned MPs that his organisation will come down on them ‘like a ton of bricks’ if they break new expenses rules, saying those who cheat could be fined or have pay docked.”
The Guardian, 22nd March 2010
Source: www.guardian.co.uk
Straw announces legal aid reforms – Ministry of Justice
“The Ministry of Justice has announced new proposals for the tendering of criminal legal aid services with the aim of delivering significant savings to taxpayers and a more sustainable future for the legal aid budget.”
Ministry of Justice, 22nd March 2010
Source: www.justice.gov.uk
Equality Bill could be amended by Lords to benefit Catholic adoption agencies – Daily Telegraph
“Roman Catholic adoption agencies could be allowed to act in accordance with their religious beliefs once more, under a move to be proposed in the House of Lords.”
Daily Telegraph, 23rd March 2010
Source: www.telegraph.co.uk
Man given 20 years for Matalan shop manager murder – BBC News
“A 19-year-old man who was found guilty of murdering a Matalan shop manager has been sentenced to life with a minimum 20-year term.”
BBC News, 22nd March 2010
Source: www.bbc.co.uk
Prisoner sues after he is banned from smoking – Daily Telegraph
“A prisoner addicted to tobacco is seeking damages after he was banned from smoking for swearing at a prison officer.”
Daily Telegraph, 22nd March 2010
Source: www.telegraph.co.uk
Guidance for parliamentary candidates published – Ministry of Justice
“Guidance to candidates standing at the parliamentary general election on publishing declarations of interests, is published today.”
Minsitry of Justice, 22nd March 2010
Source: www.justice.gov.uk
Man returns home for wallet to find squatters – BBC News
“A man who returned to his house in Northampton because he forgot his wallet found a homeless Romanian couple and their child attempting to move in.”
BBC News, 22nd March 2010
Source: www.bbc.co.uk
Legal aid lawyers to be reduced as ten QCs exceed £500,000 earnings in year – The Times
“The number of legal aid lawyers is to be cut heavily under plans outlined by ministers as they named the top ten QCs earning more than £500,000 from such work last year.”
The Times, 23rd March 2010
Source: www.timesonline.co.uk
Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010
Vacancies in Suffragan Sees and Other Ecclesiastical Offices Measure 2010 published
Source: www.opsi.gov.uk
Tenfold rise in whistleblower cases taken to tribunal – The Guardian
“The number of employees claiming to have been sacked, mistreated or bullied for exposing corrupt practices at work has increased tenfold over the last decade, according to official figures.”
The Guardian, 22nd March 2010
Source: www.guardian.co.uk
Recent Statutory Instruments – OPSI
The Damages-Based Agreements Regulations 2010
The Conditional Fee Agreements (Amendment) Order 2010
The M5 Motorway (Junction 29 Connecting Road) Scheme 2010
The A30 Trunk Road (Improvement at M5 Junction 29) Order 2010
The A30 Trunk Road (Improvement at M5 Junction 29) Order 2010
The Employee Study and Training (Qualifying Period of Employment) Regulations 2010
The Transmissible Spongiform Encephalopathies (England) Regulations 2010
The Community Legal Service (Financial) (Amendment No. 2) Regulations 2010
The Social Security (Contributions) (Amendment) Regulations 2010
The Individual Savings Account (Amendment) Regulations 2010
The Child Trust Funds (Amendment No. 2) Regulations 2010
The Planning (Hazardous Substances) (Amendment) (Wales) Regulations 2010
The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2010
Source: www.opsi.gov.uk
Baxter v Mannion – WLR Daily
Baxter v Mannion [2010] EWHC 573 (Ch); [2010] WLR (D) 82
“There was no good reason to confine the jurisdiction of the registrar under para 5(a) of Sch 4 to the Land Registration Act 2002 to the correction of procedural mistakes. If any statutory condition which was a prerequisite for registration was shown not to have been satisfied, there was a mistake in the register which the registrar had power to correct.”
WLR Daily, 19th March 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.
Maroudas v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily
“An application under s 53(5) of the Wildlife and Countryside Act 1981 to upgrade a byway from a road used as a public path to a byway open to all traffic did not need to be made in a single document. The lack of a date and signature on the application might be cured by a letter sent shortly after the submission of the form but where no date or signature was supplied for ten weeks the statutory requirements in para 1 of Sch 14 to the 1981 Act had not been complied with. In the instant case the applicant’s failure to make clear the extent of the route which he wanted the local authority to upgrade, together with his failure to supply a map, were also departures from the strict requirements set out in Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993. Together the departures from the strict requirements required that the application be rejected.”
WLR Daily, 19th March 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.
Bloomsbury International Ltd and others v Sea Fish Industry Authority and another – WLR Daily
“The Sea Fish Industry Authority (Levy) Regulations 1995, which empowered the Sea Fish Industry Authority to treat sea fish and sea fish products imported from a member state of the European Union as ‘landed’ in the United Kingdom for the purpose of imposing levies upon them, were ultra vires s 4 of the Fisheries Act 1981 and contravened arts 28 and 30 of the Treaty on the Functioning of the European Union (‘TFEU’).”
WLR Daily, 19th March 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 (JS (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily
R (JS (Sri Lanka)) v Secretary of State for the Home Department [2010] UKSC 15; [2010] WLR (D) 79
“An asylum seeker was excluded from protection under the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), pursuant to art 1F(a), if there were serious reasons for considering him voluntarily to have contributed in a significant way to an organisation’s ability to pursue the purpose of committing war crimes or crimes against humanity, whilst being aware that his assistance would in fact further that purpose.”
WLR Daily, 19th March 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.
Supreme Court to decide on the validity of prenuptial agreements – The Times
“Britain’s most senior judges will hear a landmark appeal this week over whether divorcing couples should be bound by pre-marriage agreements on how their assets will be split.”
The Times, 22nd March 2010
Source: www.timesonline.co.uk
Human rights alliance demands inquiry into UK torture role – The Guardian
“Human rights groups have joined forces with a group of British MPs to campaign for an independent inquiry into the UK’s role in torture and rendition during the so-called war on terror.”
The Guardian, 22nd March 2010
Source: www.guardian.co.uk
