Recent Statutory Instruments – OPSI

Posted March 15th, 2010 in legislation by sally

The Health and Social Care Act 2008 (Commencement No. 15, Consequential Amendments and Transitional and Savings Provisions) Order 2010

The Jobseeker’s Allowance (Skills Training Conditionality Pilot) Regulations 2010

The Civil Enforcement of Parking Contraventions Designation (No.2) (West Sussex) (Chichester and Crawley) Order 2010

The Children Act 1989 (Contact Activity Directions and Conditions: Financial Assistance) (Revocation and Transitional Provision) (England) Regulations 2010

The Insolvency (Scotland) Amendment Rules 2010

The Insolvency (Amendment) Rules 2010

The Crime and Disorder (Formulation and Implementation of Strategy) (Amendment) Regulations 2010

The Crime and Disorder (Formulation and Implementation of Strategy) (Wales) (Amendment) Regulations 2010

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010

The Town and Country Planning (Compensation) (England) Regulations 2010

The Crime and Disorder (Prescribed Information) (Amendment) Regulations 2010

The Education (Student Loans) (Repayment) (Amendment) Regulations 2010

The Occupational Pension Schemes (Levy Ceiling) Order 2010

The Pension Protection Fund (Pension Compensation Cap) Order 2010

The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010

The Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 (Consequential Amendments) Order 2010

The Criminal Defence Service (Funding) (Amendment) Order 2010

The Criminal Defence Service (Funding) (Police Station Advice and Assistance) Order 2010

The Conditional Fee Agreements (Amendment) Order 2010

Youth Rehabilitation Order (Review by Specified Courts) Order 2010

The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010

The Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010

Source: www.opsi.gov.uk

Agbaje v Agbaje – Times Law Reports

Posted March 15th, 2010 in law reports by sally

Agbaje v Agbaje

Supreme Court

“An English court was not required to apply a forum non conveniens test when considering whether it would be appropriate to make an order for financial relief following a divorce which had been granted in a foreign jurisdiction. The basis of the court’s power was that it might be appropriate for two jurisdictions to be involved, one for the divorce and the other for ancillary relief.”

The Times, 15th March 2010

Source: www.timesonline.co.uk

Corporal Dewi Pritchard was ‘sent with a laurel leaf, not a gun’ – The Times

Posted March 15th, 2010 in news by sally

“Anthony Pritchard feels furious and forgotten. Like many military relatives who have lost loved ones in Iraq and Afghanistan, he has a lot of unanswered questions about the death of his son in Basra in August 2003.”

Full story

The Times, 15th March 2010

Source: www.timesonline.co.uk

Fears over non-Muslims’ use of Islamic law to resolve disputes – The Guardian

Posted March 15th, 2010 in dispute resolution, islamic law, law firms, news, tribunals by sally

“Campaigners have voiced concerns over a growing number of non-Muslims using Islamic law to resolve legal disputes in Britain despite controversy over the role of sharia law.”

Full story

The Guardian, 14th March 2010

Source: www.guardian.co.uk

Animal rights activist using FOI laws to target universities – The Guardian

Posted March 15th, 2010 in demonstrations, freedom of information, news, universities, vivisection by sally

“A convicted animal rights activist is using freedom of information laws to force universities to reveal details of their animal experiments, raising fears that scientists involved could suffer renewed intimidation.”

Full story

The Guardian, 15th March 2010

Source: www.guardian.co.uk

Lords place themselves beyond reach of the law – The Times

Posted March 15th, 2010 in news by sally

“Peers who have claimed hundreds of thousands of pounds for homes they rarely visit will escape prosecution through a House of Lords loophole.”

Full story

The Times, 13th March 2010

Source: www.timesonline.co.uk

Man fined over Facebook insult to ex-girlfriend – Daily Telegraph

Posted March 15th, 2010 in fines, harassment, internet, news by sally

“A man has been ordered to pay £165 for calling his ex-girlfriend an offensive name on Facebook, in one of the first cases of its kind.”

Full story

Daily Telegraph, 12th March 2010

Source: www.telegraph.co.uk

Asylum deportation flights need rights monitors, EU says – The Guardian

Posted March 15th, 2010 in aircraft, asylum, deportation, EC law, human rights, news by sally

“Deportation flights should carry human rights monitors to check on the safety of failed asylum seekers who have been forcibly removed, a senior EU commissioner has recommended.”

Full story

The Guardian, 14th March 2010

Source: www.guardian.co.uk

Judge slams ‘ridiculously short sentences’ and frees torture gang – Daily Telegraph

Posted March 15th, 2010 in assault, learning difficulties, news, sentencing, young offenders by sally

“A judge has criticised the justice system for tying his hands with ‘ridiculously short sentences’ after he was forced to free a gang that took a teenager from a children’s home and tortured him.”

Full story

Daily Telegraph, 12th March 2010

Source: www.telegraph.co.uk

Space law course to tackle final frontier – The Guardian

Posted March 15th, 2010 in health & safety, legal education, news, satellites by sally

“For the first time in a UK syllabus, a module on law and the legal system beyond Earth’s atmosphere will be included as an option for students starting at Sunderland University in September.”

Full story

The Guardian, 14th March 2010

Source: www.guardian.co.uk

Solicitor General to examine ‘News of the World’ hacking – The Independent

Posted March 15th, 2010 in evidence, interception, media, news, police, telecommunications by sally

“The News of the World phone-hacking scandal took a fresh twist yesterday as it emerged that Britain’s second most senior law officer is to examine concerns of collusion between the newspaper and police.”

Full story

The Independent, 14th March 2010

Source: www.independent.co.uk

Ministry of Justice dismisses adviser’s claim – The Times

Posted March 15th, 2010 in news by sally

“The Government has rejected calls from their own adviser to raise the age of criminal responsibility from ten to twelve.”

Full story

The Times, 13th March 2010

Source: www.timesonline.co.uk

Corrupt ex-Met Pc jailed for drugs for information deal – BBC News

Posted March 12th, 2010 in corruption, drug offences, misfeasance in public office, news, police, sentencing by sally

“A former police officer has been jailed for three years for passing secret information to his wife and her drug dealer, in return for drugs and money.”

Full story

BBC News, 12th March 2010

Source: www.bbc.co.uk

BNP ‘whites-only’ membership rules outlawed – The Guardian

Posted March 12th, 2010 in news, political parties, race discrimination, racism by sally

“Judge agrees with human rights watchdog that British National party’s rewritten criteria for joining are still racist.”

Full story

The Guardian, 12th March 2010

Source: www.guardian.co.uk

Supreme Court Nigeria ruling reinforces ‘divorce capital’ reputation – The Times

Posted March 12th, 2010 in news by sally

“London’s reputation as the divorce payout capital of the world was reinforced by the Supreme Court when it overturned a Nigerian ruling that had left a wife penniless.”

Full story

The Times, 12th March 2010

Source: www.timesonline.co.uk

Mother Angela Gordon jailed for 15 years for starving Khyra Ishaq to death – The Times

Posted March 12th, 2010 in news by sally

“The mother and stepfather of a seven-year-old girl who starved to death were jailed for manslaughter today.”

Full story

The Times, 12th March 2010

Source: www.timesonline.co.uk

No expenses charges for baroness – BBC News

Posted March 12th, 2010 in expenses, news, parliament by sally

“Labour peer Baroness Uddin will not face charges over her expenses, the Crown Prosecution Service has said.”

Full story

BBC News, 12th March 2010

Source: www.bbc.co.uk

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) – WLR Daily

Posted March 12th, 2010 in contracts, law reports, Supreme Court by sally

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) [2010] UKSC 14; [2010] WLR (D) 75

“A draft contractual agreement to install equipment in a factory, which was never executed as the work was commenced, completed and partly paid for during the negotiations, took effect as a binding contract as the essential terms had been agreed and neither party had intended agreement of the remaining terms to be a precondition to a concluded contract. Although the draft agreement contained a clause stating that the contract was not effective until it was executed, it was possible for parties to waive such a clause and, on the facts, these parties had done so.”

WLR Daily, 11th 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.

Bradford & Bingley plc v Ashcroft – WLR Daily

Posted March 12th, 2010 in appeals, debts, law reports, limitations, mortgages by sally

Bradford & Bingley plc v Ashcroft [2010] EWCA Civ 223; [2010] WLR (D) 74

 “There was no need to re-analyse a part-payment of a mortgage debt or to put a gloss on it in terms of acknowledgment for the purposes of calculating whether or not the limitation period had expired because s 29(5) of the Limitation Act 1980 made provision for a freestanding mechanism for the computation of time.”

WLR Daily, 11th 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.

Noble v Owens – WLR Daily

Posted March 12th, 2010 in appeals, evidence, fraud, judgments, law reports, setting aside by sally

Noble v Owens [2010] EWCA Civ 224; [2010] WLR (D) 73

 “Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled the court would only allow the appeal and order a retrial where the fraud was either admitted or the evidence of it was incontrovertible. In any other case, the issue of fraud had to be determined before the judgment of the court below could be set aside.”

WLR Daily, 11th 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.