Recent Statutory Instruments – OPSI

Posted February 23rd, 2010 in legislation by sally

The Road Vehicles (Construction and Use) (Amendment) Regulations 2010

The Motor Vehicles (Designation of Approval Marks) (Amendment) Regulations 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010

The Notification of Conventional Tower Cranes Regulations 2010

The Environmental Noise (England) (Amendment) Regulations 2010

The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) Order 2010

The Community Task Force (Miscellaneous Provisions) Order 2010

The Social Security (Community Task Force) Regulations 2010

Source: www.opsi.gov.uk

The ethics of professionalism in the 21st century – Speech by Lord Neuberger of Abbotsbury

Posted February 23rd, 2010 in speeches by sally

The ethics of professionalism in the 21st century (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Inner Temple Lecture Series, 22nd February 2010

Source: www.judiciary.gov.uk

Hertfordshire County Council v Veolia Water Central Ltd – WLR Daily

Posted February 23rd, 2010 in law reports, local government, repairs, roads by sally

Hertfordshire County Council v Veolia Water Central Ltd [2010] EWHC 278 (QB); [2010] WLR (D) 46

“The effect of regs 3 and 4 of the Street Works (Maintenance) Regulations 1992, when read with s 81 of the New Roads and Street Works Act 1991, was that an highway and street authority could not make a valid charge against a statutory undertaker for emergency works which the authority had carried out to secure apparatus for which the undertaker was responsible unless the undertaker had failed to afford the authority facilities to inspect the apparatus and unless the authority’s belief that the apparatus had not been maintained were informed by a subsidence or disturbance of the road surface.”

WLR Daily, 22nd February 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.

Regina (G) v Governors of X School and Others – Times Law Reports

Posted February 23rd, 2010 in law reports by sally

Regina (G) v Governors of X School and Others

Court of Appeal

“A teacher was entitled to legal representation in disciplinary proceedings which might lead to a referral to the Secretary of State for Children School and Families, who could bar him from teaching children.”

The Times, 23rd February 2010

Source: www.timesonline.co.uk

Regina (Davies and Another) v Revenue and Customs Commissioners; Regina (Gaines-Cooper) v Same – Times Law Reports

Posted February 23rd, 2010 in law reports by sally

Regina (Davies and Another) v Revenue and Customs Commissioners; Regina (Gaines-Cooper) v Same

Court of Appeal

“The Revenue had not altered its interpretation or guidance in assessing whether taxpayers had achieved non-resident status.”

The Times, 23rd February 2010

Source: www.timesonline.co.uk

Regina v H (Criminal propensity) – Times Law Reports

Posted February 23rd, 2010 in law reports by sally

Regina v H (Criminal propensity)

Court of Appeal

“Evidence of criminal propensity on the part of a person other than the defendant might be admissible under the provisions of section 100 of the Criminal Justice Act 2003 which dealt with bad character.”

The Times, 23rd February 2010

Source: www.timesonline.co.uk

Depressed dog handler forgot about alsatians he left to die in hot car – The Times

Posted February 23rd, 2010 in news by sally

“A police dog handler who caused the death of two alsatians by leaving them in a hot car should have been treated for depression, a judge said yesterday.”

Full story

The Times, 23rd February 2010

Source: www.timesonline.co.uk

Punishment must fit the crime when paying tax bills late – The Times

Posted February 23rd, 2010 in news by sally

“As the recession began to bite, the Chancellor gave an undertaking that HM Revenue & Customs would take a more accommodating approach to businesses that genuinely had difficulty in making tax payments on time. However, as the recession has progressed and tax revenues have plummeted, this undertaking has often been less apparent in practice.”

Full story

The Times, 23rd February 2010

Source: www.timesonline.co.uk

Heathrow third runway plans face legal challenge – BBC News

Posted February 23rd, 2010 in airports, consultations, judicial review, news by sally

“Environmental groups, local councils and residents opposed to a third runway at Heathrow are beginning a legal challenge to the government’s plans.”

Full story

BBC News, 23rd February 2010

Source: www.bbc.co.uk

Female NHS manager jailed for sexual assault on woman colleague – Daily Telegraph

Posted February 23rd, 2010 in assault, news, sentencing, sexual offences by sally

“A senior NHS manager has been jailed for subjecting a female colleague to a violent and humiliating sexual assault while the two women shared a hotel room.”

Full story

Daily Telegraph, 23rd February 2010

Source: www.telegraph.co.uk

The law: bullying in the workplace – The Independent

Posted February 23rd, 2010 in bullying, news by sally

“Q. What constitutes ‘bullying’?

A. Differences of opinion and even short-lived arguments are an unavoidable part of the workplace. The natural conflicts of a working environment turn into bullying when aggressive behaviour becomes regular and vindictive. It often – but not always – is associated with a position of authority being abused. Bullying generally comes down to demeaning able staff in front of others or giving them unrealistic quantities of work to carry out. It can involve excluding them from meetings, conversations and social activities, making them feel like outsiders in their own workplace.”

Full story

The Independent, 23rd February 2010

Source: www.independent.co.uk

Has the John Terry case doomed super-injunctions? – BBC News

Posted February 23rd, 2010 in injunctions, media, news, privacy by sally

“The lifting of so called super-injunctions in the cases of the footballer John Terry and the multi-national company Trafigura have been heralded by the papers as victories for the press in the battle over tightening publication laws.”

Full story

BBC News, 23rd February 2010

Source: www.bbc.co.uk

Family court reforms face opposition from judges and childrens’ groups – The Times

Posted February 23rd, 2010 in news by sally

“Reforms to open up the family courts to the media are at risk of being scuppered by mounting opposition from senior judges, lawyers, children’s groups and MPs, The Times has learnt.”

Full story

The Times, 23rd February 2010

Source: www.timesonline.co.uk

Crown Prosecution Service in London is ‘near meltdown’ – The Independent

Posted February 23rd, 2010 in Crown Prosecution Service, London, news by sally

“Parts of the Crown Prosecution Service in London are in ‘meltdown’ with criminals being handed ‘get out of jail free cards’ while ‘open and shut’ cases are being thrown out of court, a memo seen by The Independent claims.”

Full story

The Independent, 23rd February 2010

Source: www.independent.co.uk

Prisoner early release scheme to be halted – The Guardian

Posted February 23rd, 2010 in early release, news, prisons by sally

“The prison service’s early release scheme under which more than 80,000 prisoners have walked out of jail 18 days early is to end by 10 April, when the general election campaign is widely expected to be getting under way.”

Full story

The Guardian, 22nd February 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 22nd, 2010 in law reports by sally

High Court (Queen’s Bench Division)

Garside v Black Horse Ltd & Ors [2010] EWHC 190 (QB) (12 February 2010)

Pankhurst v White [2010] EWHC 311 (QB) (18 February 2010)

Malone & Ors v British Airways Plc [2010] EWHC 302 (QB) (19 February 2010)

Sabin v BRB (Residuary) Ltd [2010] EWHC 267 (QB) (19 February 2010)

High Court (Chancery Division)

Thomas & Anor v BPE Solicitors (A Firm) [2010] EWHC 306 (Ch) (19 February 2010)

Royal Society for the Prevention of Cruelty To Animals v Sharp & Ors [2010] EWHC 268 (Ch) (19 February 2010)

High Court (Administrative Court)

James v Birmingham City Council [2010] EWHC 282 (Admin) (19 February 2010)

Peake v Director of Public Prosecution [2010] EWHC 286 (Admin) (19 February 2010)

The Conservative and Unionist Party v The Election Commissioner & Ors [2010] EWHC 285 (Admin) (19 February 2010)

High Court (Technology and Construction Court)

Eribo & Anor v Odinaiya & Anor [2010] EWHC 301 (TCC) (19 February 2010)

High Court (Commercial Court)

Linsen International Ltd & Ors v Humpuss Sea Transport PTE Ltd & Anor [2010] EWHC 303 (Comm) (19 February 2010)

Source: www.bailii.org

Jail for paedophile who groomed girl, 14 – The Independent

Posted February 22nd, 2010 in internet, news, sexual grooming, sexual offences by sally

“A predatory paedophile who stealthily groomed a 14-year-old girl with depraved and crude sexual chats before taking her to woods for sex was jailed for four years today.”

Full story

The Independent, 22nd February 2010

Source: www.independent.co.uk

New Code for Crown Prosecutors issued – Crown Prosecution Service

Posted February 22nd, 2010 in Crown Prosecution Service, news by sally

“Keir Starmer QC, Director of Public Prosecutions, today issued a clarified and updated edition of The Code for Crown Prosecutors (the Code).”

Full story

Crown Prosecution Service, 22nd February 2010

Source: www.cps.gov.uk

Regina v Ramchurn – Times Law Reports

Posted February 22nd, 2010 in law reports by sally

Regina v Ramchurn

Court of Appeal (Criminal Division)

“Judicial Studies Board specimen directions provided guidance for trial judges but were not authority binding them unless approved or adopted by the Court of Appeal, Criminal Division.”

The Times, 22nd February 2010

Source: www.timesonline.co.uk

Regina v Valentas; Regina v Tabus – Times Law Reports

Posted February 22nd, 2010 in law reports by sally

Regina v Valentas; Regina v Tabus

Court of Appeal (Criminal Division)

“Until there was a definite guideline issued by the Sentencing Council, proposals of the Sentencing Advisory Panel did not constitute guidance to sentencers which displaced guideline decisions of the Court of Appeal, Criminal Division.”

The Times, 22nd February 2010

Source: www.timesonline.co.uk