Recent Statutory Instruments – OPSI

Posted February 9th, 2010 in legislation by sally

The Representation of the People (Timing of the Canvass) (Northern Ireland) Order 2010

The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010

The School Budget Shares (Prescribed Purposes) (England) (Amendment) Regulations 2010

The Business Rate Supplements (Collection and Enforcement) (England) Regulations 2010

The Pension Protection Fund and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2010

The Legal Services Act 2007 (Levy) Rules 2010

The Criminal Procedure and Investigations Act 1996 (Notification of Intention to Call Defence Witnesses) (Time Limits) Regulations 2010

The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2010

The Council Tax Limitation (Maximum Amounts) (England) Order 2010

Source: www.opsi.gov.uk

Fidler v Secretary of State for Communities and Local Government and Another – Times Law Reports

Posted February 9th, 2010 in law reports by sally

Fidler v Secretary of State for Communities and Local Government and Another

Queen’s Bench Division

“The erection and removal of straw bales, which concealed a new dwelling constructed without planning permission, formed part of the totality of building operations originally contemplated and intended to be carried out by the claimant.”

The Times, 9th February 2010

Source: www.timesonline.co.uk

Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Another – Times Law Reports

Posted February 9th, 2010 in news by sally

Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Another

Court of Appeal

“A local planning authority could not bring enforcement proceedings against the unlawful construction of a dwelling house on a farm in breach of planning permission which was granted for the purpose of erecting a barn.”

The Times, 9th February 2010

Source: www.timesonline.co.uk

Asset-freezing terror Bill rushed through Commons – BBC News

Posted February 9th, 2010 in bills, freezing injunctions, news, terrorism by sally

“Emergency legislation has been rushed through the House of Commons that will allow the assets of suspected terrorists to be frozen.”

Full story

BBC News, 9th February 2010

Source: www.bbc.co.uk

Better worker rights laws urged to tackle poverty – BBC News

Posted February 9th, 2010 in employment, news by sally

“Laws protecting workers’ rights must be improved to tackle poverty, according to the Joseph Rowntree Foundation.”

Full story

BBC News, 9th February 2010

Source: www.bbc.co.uk

Man ‘breached Asbo by dressing as a schoolgirl’ – Daily Telegraph

Posted February 9th, 2010 in ASBOs, news by sally

“A man is to stand trial charged with breaching an Asbo which bans him from dressing up as a schoolgirl.”

Full story

Daily Telegraph, 8th February 2010

Source: www.telegraph.co.uk

Wealthy landowner jailed for life for murdering estranged wife – The Guardian

Posted February 9th, 2010 in divorce, murder, news, sentencing by sally

“A judge today criticised a wealthy landowner for not revealing where he had hidden the body of his estranged wife after he murdered her.”

Full story

The Guardian, 8th February 2010

Source: www.guardian.co.uk

Spies must seek ministerial green light to pay bribes, Lords rules – Daily Telegraph

Posted February 9th, 2010 in bills, bribery, intelligence services, ministers' powers and duties, news, spying by sally

“Spies will have to seek permission from ministers before paying bribes to ‘contacts’, the House of Lords has ruled.”

Full story

Daily Telegraph, 9th February 2010

Source: www.telegraph.co.uk

Pitt and Jolie to sue News of the World over ‘split’ story – The Guardian

Posted February 9th, 2010 in defamation, media, news, privacy by sally

“Claim of separation ‘false as well as intrusive’, say lawyers, as Pitt and Jolie begin action in London high court.”

Full story

The Guardian, 9th February 2010

Source: www.guardian.co.uk

The Big Question: What is parliamentary privilege, and is it being abused? – The Independent

Posted February 9th, 2010 in expenses, news, parliamentary privilege by sally

“Why are we asking this now?

Three Labour MPs, Elliot Morley, David Chaytor, Jim Devine and a Tory peer, Lord Hanningfield, have been charged with false accounting over their expenses claims. They deny the offences and are trying to avoid a criminal trial by invoking the 1689 Bill of Rights which gives force to parliamentary privilege. This is the privilege which stops MPs and peers from being sued for defamation.”

Full story

The Independent, 9th February 2010

Source: www.independent.co.uk

Dannii Minogue privacy complaint upheld – BBC News

Posted February 9th, 2010 in media, news, pregnancy, privacy by sally

“The press watchdog has upheld two complaints from X Factor judge Dannii Minogue against the Daily Mirror and Daily Record over invasion of privacy.”

Full story

BBC News, 9th February 2010

Source: www.bbc.co.uk

Ali Dizaei sentenced to four years in jail – The Guardian

Posted February 9th, 2010 in corruption, news, police by sally

“The most senior British police officer ever convicted of corruption offences was starting a four-year prison sentence ­yesterday after a jury found he had tried to frame an innocent man and told a series of lies in an attempt to cover up his abuse of office.”

Full story

The Guardian, 9th February 2010

Source: www.guardian.co.uk

Sikh ‘ceremonial daggers’ should be allowed in schools, says judge – Daily Telegraph

Posted February 9th, 2010 in news, race discrimination, religious discrimination, school children, Sikhism by sally

“Sikh pupils should be allowed to carry ceremonial daggers, Britain’s first Asian judge has said, following a case in which a 14-year-old was excluded for insisting on bringing his Kirpan blade to school.”

Full story

Daily Telegraph, 8th February 2010

Source: www.telegraph.co.uk

Bar Council to launch legal action against MoJ – Law Society’s Gazette

Posted February 9th, 2010 in costs, criminal justice, fees, judicial review, news by sally

“The Bar Council and the Criminal Bar Association are set to take the government to court for the first time in 20 years over what they claim are ‘inadequate and unfair’ consultations on new fees for criminal legal aid work.”

Full story

Law Society’s Gazette, 8th February 2010

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted February 8th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Shah & Anor v HSBC Private Bank (UK) Ltd [2010] EWCA Civ 31 (04 February 2010)

Moore v British Waterways Board [2010] EWCA Civ 42 (05 February 2010)

Norman Booth v Booth & Ors [2010] EWCA Civ 27 (05 February 2010)

Court of Appeal (Criminal Division)

Perkes & Anor v R [2010] EWCA Crim 101 (05 February 2010)

RCPO v C [2010] EWCA Crim 97 (05 February 2010)

London Borough of Croydon v Shanahan [2010] EWCA Crim 98 (05 February 2010)

High Court (Administrative Court)

Gomes, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 168 (Admin) (05 February 2010)

High Court (Commercial Court)

Glencore Energy UK Ltd v Transworld Oil Ltd [2010] EWHC 141 (Comm) (03 February 2010)

SOS Corporación Alimentaria, S.A. & Anor v Inerco Trade SA [2010] EWHC 162 (Comm) (08 February 2010)

High Court (Patents Court)

Research In Motion UK Ltd v Motorola Inc [2010] EWHC 118 (Pat) (03 February 2010)

High Court (Queen’s Bench Division)

Ali v Associated Newspapers Ltd [2010] EWHC 100 (QB) (27 January 2010)

Terry v Persons Unknown (Rev 1) [2010] EWHC 119 (QB) (29 January 2010)

Debt Collect London Ltd & Anor v SK Slavia Praha- Fotbal A S [2010] EWHC 57 (QB) (02 February 2010)

Webster & Ors v Ridgeway Foundation School [2010] EWHC 157 (QB) (05 February 2010)

Jones v North West Strategic Health Authority [2010] EWHC 178 (QB) (05 February 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 8th, 2010 in legislation by sally

The Private Water Supplies (Wales) Regulations 2010

The M4 Motorway (Junction 24, Coldra Interchange, Newport) (40 MPH Speed Limit) Regulations 2010

The Ealing Hospital National Health Service Trust (Establishment) Amendment Order 2010

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2010

The Offender Management Act 2007 (Commencement No. 5) Order 2010

The Offender Management Act 2007 (Establishment of Probation Trusts) Order 2010

The Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2010

The State Pension Credit (Disclosure of Information) (Electricity Suppliers) Regulations 2010

Source: www.opsi.gov.uk

Professional discipline – challenges for the future – speech by Lord Neuberger

Posted February 8th, 2010 in speeches by sally

“Professional discipline – challenges for the future – speech at the Disciplinary Conference 2010, 5th February 2010.”

Full speech

Judiciary of England and Wales, 5th February 2010

Source: www.judiciary.gov.uk

Review of control orders report published – Home Office

Posted February 8th, 2010 in control orders, press releases, reports, terrorism by sally

“Lord Carlile, the independent reviewer of terrorism legislation, has published his fifth annual report on the operation of the Prevention of Terrorism Act 2005.”

Full press release

Home office, 1st February 2010

Source: www.homeoffice.gov.uk

Statement from Keir Starmer QC, Director of Public Prosecutions, on parliamentary expenses charging decisions – Crown Prosecution Service

Posted February 8th, 2010 in Crown Prosecution Service, expenses, parliamentary privilege, press releases by sally

“Following widespread concerns about the expenses claimed by some MPs and some members of the House of Lords, a number of complaints were made to the Metropolitan Police alleging criminal conduct. In light of these complaints on 15 May 2009, the Commissioner of the Metropolitan Police, Sir Paul Stephenson, and I agreed to set up a panel of senior police officers and senior prosecuting lawyers to assess the complaints and consider whether there should be a criminal investigation into any of them.”

Full press release

Crown Prosecution Service, 5th February 2010

Source: www.cps.gov.uk

NML Capital Ltd v Republic of Argentina – WLR Daily

Posted February 8th, 2010 in appeals, jurisdiction, law reports, state immunity by sally

NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28

“A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. S 31 of the Civil Jurisdiction and Judgments Act 1982 remained subject to the provisions of the State Immunity Act 1978 as regards the circumstances in which the courts could exercise jurisdiction over states when a claimant wished to implead them in those courts.”

WLR Daily, 5th 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.