Leading article: Clarity in the law is not always for the best – The Independent

Posted February 26th, 2010 in assisted suicide, Crown Prosecution Service, news by sally

“Tidying things up can make them worse. That is the worry about Keir Starmer’s valiant attempt yesterday to clarify the law on assisted suicide. The Director of Public Prosecutions had no choice, of course. His hand was forced by the House of Lords, following Debbie Purdy’s historic legal victory in winning the right to determine the timing and manner of her own death.”

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The Independent, 26th February 2010

Source: www.independent.co.uk

MI5 judges to rule on suppression of section of torture document – The Guardian

Posted February 26th, 2010 in disclosure, judgments, news, torture by sally

“Three senior judges are today expected to restore devastating passages to a ruling criticising MI5 over the torture and ill-treatment of terror suspects abroad.”

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The Guardian, 26th February 2010

Source: www.guardian.co.uk

If control orders are to be imposed on people, we expect to know why – The Times

Posted February 26th, 2010 in news by sally

“Next Wednesday the House of Lords will debate whether to renew the powers in the Prevention of Terrorism Act 2005 to impose control orders on people suspected of involvement in terrorism. An amendment has been tabled by Lord Lloyd of Berwick, a retired law lord, who knows a thing or two about national security having been chairman of the Security Commission.”

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The Times, 25th February 2010

Source: www.timesonline.co.uk

Q&A: Assisted suicide – The Guardian

Posted February 26th, 2010 in assisted suicide, euthanasia, news by sally

“David Batty examines the legal issues of the updated guidelines.”

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The Guardian, 25th February 2010

Source: www.guardian.co.uk

Massage therapist jailed for sex assaults – The Independent

Posted February 26th, 2010 in news, sentencing, sexual offences, sexual offences prevention orders by sally

“A therapist who sexually assaulted women while giving them massages at a health spa was jailed for six years today.”

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The Independent, 25th February 2010

Source: www.independent.co.uk

Committee proposes libel law changes – Law Society’s Gazette

Posted February 25th, 2010 in defamation, media, news, privacy, reports by sally

“A parliamentary committee has proposed wide-ranging changes to the libel laws but rejected the introduction of legislation on privacy.”

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Law Society’s Gazette, 25th February 2010

Source: www.lawgazette.co.uk

Mother who starved daughter to death guilty of manslaughter – The Guardian

Posted February 25th, 2010 in child cruelty, diminished responsibility, homicide, news, sentencing by sally

“A mother who starved her seven-year-old daughter to death was cleared of murder today after a court accepted her plea of manslaughter.”

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The Guardian, 25th February 2010

Source: www.guardian.co.uk

Privacy watchdog will investigate day-to-day surveillance for Parliamentary report – OUT-LAW.com

Posted February 25th, 2010 in data protection, news, privacy, reports by sally

“Privacy watchdog the Information Commissioner’s Office (ICO) will report to Parliament later this year on the degree to which UK citizens are put under surveillance.”

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OUT-LAW.com, 25th February 2010

Source: www.out-law.com

Assisted suicide: focus switched to suspect’s motive on prosecutions – The Times

Posted February 25th, 2010 in news by sally

“The motivation of people who help loved ones to die will be the crucial factor in deciding if they should face prosecution under landmark guidelines issued today.”

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The Times, 25th February 2010

Source: www.timesonline.co.uk

Law firm ‘in contempt’ over MP legal threat – The Independent

Posted February 25th, 2010 in law firms, news, parliamentary privilege by sally

“A leading law firm has been found ‘in contempt’ of the Commons after threatening an MP with legal proceedings if he made allegations about one of its clients in the House.”

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The Independent, 25th February 2010

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted February 25th, 2010 in legislation by sally

The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010

The National Assembly for Wales (Legislative Competence) (Education) Order 2010

The Disability Discrimination Act 2005 (Commencement No. 4) Order 2010

The Finance Act 2008, Schedule 38 (Appointed Day) Order 2010

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2010

The Tax Avoidance Schemes (Information) (Amendment) Regulations 2010

The Taxes (Interest Rate) (Amendment) Regulations 2010

The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010

Source: www.opsi.gov.uk

Pleural plaques: Jack Straw statement – Ministry of Justice

Posted February 25th, 2010 in asbestos, compensation, consultations, industrial injuries, Ministry of Justice, news by sally

“Justice Secretary Jack Straw has made a statement on the government’s decision on the question of compensation for pleural plaques.”

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Ministry of Justice, 25th February 2010

Source: www.justice.gov.uk

Norris v Government of United States of America (No 2) – The Times

Posted February 25th, 2010 in law reports by sally

Norris v Government of United States of America (No 2)

Supreme Court

“Only the gravest effects of interference with family life would make extradition disproportionate to the public interest in the prevention of crime.”

The Times, 25th February 2010

Source: www.timesonline.co.uk

Bournemouth University Higher Education Corpn v Buckland – WLR Daily

Posted February 25th, 2010 in appeals, constructive dismissal, contract of employment, law reports, unfair dismissal by sally

Bournemouth University Higher Education Corpn v Buckland [2010] EWCA Civ 121; [2010] WLR (D) 51

“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Amro International SA and another) v Financial Services Authority and others – WLR Daily

Posted February 25th, 2010 in appeals, disclosure, financial regulation, foreign jurisdictions, law reports by sally

Regina (Amro International SA and another) v Financial Services Authority and others [2010] EWCA Civ 123; [2010] WLR (D) 50

“Co-operation between national financial regulators was of the greatest importance, particularly where there were suspicions or allegations of fraud. The Financial Services Authority was entitled to assist the US Security and Exchange Commission in a share fraud investigation without subjecting its request for help to critical examination. The FSA was required only to comply with the requirements of statute, and the terms of memoranda of understanding were immaterial. There was no requirement to provide notice under s 170(2) of the Financial Services and Markets Act 2000.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) – WLR Daily

Posted February 25th, 2010 in appeals, costs, law reports, solicitors by sally

Richard Buxton (a firm) v Mills-Owen (Law Society intervening) [2010] EWCA Civ 122; [2010] WLR (D) 49

“It was wrong to restrict the circumstances in which a solicitor might lawfully terminate his retainer to those in which he was instructed to do something improper. Solicitors were under a professional duty not to advance arguments which they did not consider to be properly arguable and where a client insisted that such an argument should be advanced a solicitor was lawfully entitled to terminate his retainer.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Good Harvest Partnership LLP v Centaur Services Ltd – WLR Daily

Posted February 25th, 2010 in covenants, guarantees, landlord & tenant, law reports by sally

Good Harvest Partnership LLP v Centaur Services Ltd [2010] EWHC 330 (Ch); [2010] WLR (D) 48

“The Landlord and Tenant (Covenants) Act 1995 precluded a person who had guaranteed a tenant’s obligations under a lease from being required to give a further guarantee in respect of an assignee of the lease.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Professor who claimed degrees were dumbed down wins case – The Times

Posted February 25th, 2010 in news by sally

“An academic who took a stand against ‘dumbing down’ the quality of university degrees won a long-running legal battle yesterday when the Court of Appeal accepted that he was forced out of his job.”

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The Times, 25th February 2010

Source: www.timesonline.co.uk

Solicitors ‘key’ to increasing judicial diversity – Law Society’s Gazette

Posted February 25th, 2010 in equality, judiciary, law firms, news, reports, solicitors by sally

“Persuading more solicitors to apply for judicial posts is ‘absolutely key’ to increasing diversity in the judiciary, the chairwoman of the Advisory Panel on Judicial Diversity told the Gazette this week, as the panel published a raft of recommendations aimed at improving diversity on the bench.”

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Law Society’s Gazette, 25th February 2010

Source: www.lawgazette.co.uk

Mandelson’s legal action halts MG Rover inquiry – The Times

Posted February 25th, 2010 in news by sally

“A parliamentary investigation into the businessmen who oversaw the collapse of MG Rover has been called off after it emerged that Lord Mandelson is close to commencing legal proceedings to have them banned from being company directors.”

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The Times, 25th February 2010

Source: www.timesonline.co.uk