Recent Statutory Instruments – OPSI

Posted January 29th, 2010 in legislation by sally

The Children Act 2004 Information Database (England) (Amendment) Regulations 2010

The Charities (Disclosure of Revenue and Customs Information to the Charity Commission for Northern Ireland) Regulations 2010

The Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2010

The Service Voters’ Registration Period Order 2010

The Damages-Based Agreements Regulations 2010

The East Harling Internal Drainage District (Alteration of Boundaries) Order 2009

The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010

The Policing and Crime Act 2009 (Commencement No. 3) Order 2010

The Identity Cards Act 2006 (Commencement No. 7) Order 2010

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 13) Order 2010

The Crime and Disorder Act 1998 (Youth Conditional Cautions: Code of Practice) Order 2010

The Export Control (North Korea) (Amendment) Order 2010

Source: www.opsi.gov.uk

Law firm’s piracy hunt condemned – BBC News

Posted January 29th, 2010 in copyright, internet, law firms, news by sally

“Music industry representative the BPI has criticised the approach used by a UK law firm in chasing file-sharers.”

Full story

BBC News, 29th January 2010

Source: www.bbc.co.uk

High Court gives green light for offshore tax clawback – The Times

Posted January 29th, 2010 in news by sally

“The taxman was given the green light to claw back millions from UK residents who put their money in tax-haven offshore trusts today, after the High Court rejected a challenge that claimed the measures would lead to destitution and marital breakdown.”

Full story

The Times, 28th January 2010

Source: www.timesonline.co.uk

Sex assault head teacher David Thorley loses appeal – BBC News

Posted January 29th, 2010 in appeals, news, sexual offences, teachers by sally

“A Pembrokeshire head teacher convicted of nine counts of sexually assaulting girls in his care has lost an appeal against his conviction.”

Full story

BBC News, 28th January 2010

Source: www.bbc.co.uk

Record numbers of women held for violent crimes – The Independent

Posted January 29th, 2010 in news, statistics, violence, women by sally

“Record numbers of women are being arrested for violent crimes, it was revealed today (28 January).”

Full story

The Independent, 28th January 2010

Source: www.independent.co.uk

Stalkers are criminals – not ‘incompetent suitors’ – The Guardian

Posted January 29th, 2010 in harassment, news, restraining orders by sally

“A man who harassed a woman for seven years has been jailed for just 16 weeks. Why is the law so slow to realise that stalking is a serious – and often violent – crime?”

Full story

The Guardian, 29th January 2010

Source: www.guardian.co.uk

Victims of rogue car clampers to get compensation – Daily Telegraph

Posted January 29th, 2010 in compensation, news, parking, tribunals, wheel clamping by sally

“Motorists who fall victim to rogue clampers will be entitled to claim compensation, under new powers brought in by the Government.”

Full story

Daily Telegraph, 29th January 2010

Source: www.telegraph.co.uk

BNP given last chance to make equality change to constitution – The Guardian

Posted January 29th, 2010 in news, political parties, race discrimination by sally

“The British National party was warned tonight (28 January) that it had one last chance to scrap its constitution or face legal action under equality laws.”

Full story

The Guardian, 28th January 2010

Source: www.guardian.co.uk

Police given more powers on under-age drinking – The Independent

Posted January 29th, 2010 in alcohol abuse, children, news, police by sally

“New powers aimed at making it easier for police to crack down on under-age drinkers came into force today.”

Full story

The Independent, 29th January 2010

Source: www.independent.co.uk

Bhamra v Dubb – WLR Daily

Posted January 29th, 2010 in allergies, duty of care, food, law reports, negligence, Sikhism by sally

Bhamra v Dubb [2010] EWCA Civ 13; [2010] WLR (D) 10

“A caterer, who had supplied a dish for guests at a Sikh wedding knowing that the recipe could sometimes contain egg, a food prohibited by the Sikh religion, owed a duty of care to a guest who was allergic to eggs and subsequently died after eating the dish served. Such a conclusion was justified on the basis of well established principles of proximity, and after invoking CPR r 52.11(4) to enable the Court of Appeal to draw such inferences as were justified on the evidence where the judge below had not made a critical finding of fact.”

WLR Daily, 28th January 2010

Source: www.lawreports.co.uk

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

Same v al-Ghabra; Regina (Youssef) v HM Treasury – Times Law Reports

Posted January 29th, 2010 in law reports by sally

Same v al-Ghabra; Regina (Youssef) v HM Treasury

Supreme Court

“The Treasury exceeded its powers by authorising, in on the test of reasonable suspicion alone, a major inroad into the rights of individuals to dispose of their assets as they chose and to live free of executive interference. The Terrorism (United Nations Measures) Order (SI 2006 No 2657) was accordingly to be quashed.”

The Times, 29th January 2010

Source: www.timesonline.co.uk

In re Guardian and Media News Ltd and Others – Times Law Reports

Posted January 29th, 2010 in law reports by sally

In re Guardian and Media News Ltd and Others

Supreme Court

“Where individuals challenged anti-terrorism asset-freezing orders, the general public interest in publishing a report of the proceedings in which they were named justified curtailing their rights to private life.”

The Times, 28th January 2010

Source: www.timesonline.co.uk

Guardian Daily: Assisted suicide and the law – The Guardian

Posted January 29th, 2010 in assisted suicide, euthanasia, murder, podcasts by sally

“Earlier this month, Frances Inglis was jailed for nine years for murder after injecting her brain-damaged son Thomas, 22, with a lethal dose of heroin. Just days later, Kay Gilderdale pleaded guilty to assisting suicide but was acquitted of murdering her daughter Lynn, 31, an ME sufferer whom she’d given morphine. Legal affairs correspondent Afua Hirsch explains the difference between these two cases.”

Podcast

The Guardian, 29th January 2010

Source: www.guardian.co.uk

New pilot to increase sustainability and efficiency of law centres – Ministry of Justice

Posted January 28th, 2010 in law centres, Ministry of Justice, news, pilot schemes by sally

“Legal Aid Minister, Willy Bach has strengthened the government’s commitment to ensuring a sustainable future for social welfare law.”

Full story

Ministry of Justice, 28th January 2010

Source: www.justice.gov.uk

Information Commissioner has the power, but not the resources – The Times

Posted January 28th, 2010 in news by sally

“There are few organisations beyond the reach of the Information Commissioner, and Christopher Graham, the fourth holder of the role, faces a daunting set of responsibilities.”

Full story

The Times, 28th January 2010

Source: www.timesonline.co.uk

BSkyB ruling will not transform IT procurement, says expert – OUT-LAW.com

Posted January 28th, 2010 in contracts, fraud, misrepresentation, negligence, news by sally

“IT companies will not have to conduct a total overhaul of their sales processes in the aftermath of a long-awaited court ruling this week, a technology law expert has said. The ruling focused on the dishonesty of one employee, not a whole company.”

Full story

OUT-LAW.com, 28th January 2010

Source: www.out-law.com

MMR doctor ‘failed to act in interests of children’ – The Guardian

Posted January 28th, 2010 in doctors, news, professional conduct by sally

“Dr Andrew Wakefield, the expert at the centre of the MMR controversy, ‘failed in his duties as a responsible consultant’ and showed a ‘callous disregard’ for the suffering of children involved in his research, the General Medical Council (GMC) has ruled.”

Full story

The Guardian, 28th January 2010

Source: www.guardian.co.uk

Britain ‘complicit in mistreatment and possible torture’ says UN – The Guardian

Posted January 28th, 2010 in human rights, news, reports, terrorism, torture, United Nations by sally

“United Nations human rights investigators have concluded that the British government has been complicit in the mistreatment and possible torture of several of its own citizens during the ‘war on terror’.”

Full story

The Guardian, 27th January 2010

Source: www.guardian.co.uk

Trial of teenager accused of hate campaign ends as witness collapses – The Times

Posted January 28th, 2010 in news by sally

“A teenager who branded Francecca Hardwick, the disabled girl found dead with her mother in a burnt-out car, a ‘freak’ who ‘deserved what she got’, walked free from court yesterday.”

Full story

The Times, 28th January 2010

Source: www.timesonline.co.uk

Combined fund to support victims of sexual violence – Ministry of Justice

Posted January 28th, 2010 in Ministry of Justice, news, sexual offences, victims by sally

“Government funding for voluntary agencies that provide support to victims of sexual violence will be streamlined with the establishment of a one-year combined fund for 2010/11.”

Full story

Ministry of Justice, 27th January 2010

Source: www.justice.gov.uk