Recent Statutory Instruments – OPSI

Posted November 30th, 2009 in legislation by sally

The General Medical Council (Registration Appeal Panels Procedure) (Amendment) Rules Order of Council 2009

The North Staffordshire Hospital Centre National Health Service Trust (Establishment) Amendment Order 2009

The Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Amendment Order 2009

The M60 Motorway (Junction 25) (Speed Limit) Regulations 2009

The Ministry of Defence Police (Conduct) Regulations 2009

The Provision of Services (Insolvency Practitioners) Regulations 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (Over the Counter) Regulations 2009

The Utilities Contracts (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Procurement of criminal legal aid in England and Wales – Ministry of Justice

Posted November 30th, 2009 in criminal justice, legal aid, press releases by sally

“The Ministry of Justice and Legal Services Commission have today responded to the National Audit Office’s report into procurement of criminal legal aid in England and Wales.”

Full press release

Ministry of Justice, 27th November 2009

Source: www.justice.gov.uk

Bee and another v Thompson – WLR Daily

Posted November 30th, 2009 in law reports, news, rights of way, wills by sally

Bee and another v Thompson [2009] EWCA Civ 1212; [2009] WLR (D) 345

“Where a bequest of land in adjacent parcels to different beneficiaries expressly provided that the owner of one parcel should enjoy a right of way over a track running over the other, but the vesting consents which conveyed the land to the beneficiaries did not grant such an easement, the will and the assents were to be construed together as a single transaction so as to give full effect to the testatrix’s intention. However such a right of way ‘at all times and for all purposes connected with’ the dominant tenement did not entitle the owner of that land to increase the user of the right of way from that associated with the agricultural purposes for which it had been used when the right of way had been granted to that associated with three houses.”

WLR Daily, 30th November 2009

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.

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted November 30th, 2009 in asylum, deportation, law reports by sally

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department; [2009] UKSC 7 ; [2009] WLR (D) 344

“A person who had made an asylum claim or a human rights claim within the meaning of s 113(1) of the Nationality, Immigration and Asylum Act 2002 was entitled, by virtue of s 92(4)(a), to remain in the United Kingdom until his appeal against a decision that he be removed from the UK had been disposed of, unless the Secretary of State had issued certificates to contrary effect under ss 94 or 96 of the Act.”

WLR Daily, 26th November 2009

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 (A) v Croydon London Borough Council; Regina (M) v Lambeth London Borough Council – Times Law Reports

Posted November 30th, 2009 in law reports by sally

Regina (A) v Croydon London Borough Council; Regina (M) v Lambeth London Borough Council

Supreme Court

“Where social workers disputed an unaccompanied asylum seeker’s claim to be under the age of 18, and so entitled to local authority accommodation, the question of age was an objective fact subject, in the event of challenge, to determination by the court.”

The Times, 30th November 2009

Source: www.timesonline.co.uk

“A Judiciary of the 21st Century” – Judiciary of England and Wales

Posted November 30th, 2009 in judiciary, special report by sally

“Report of the Judicial Diversity Conference ‘A Judiciary of the 21st Century, ‘ held on 11March 2009.”

Full report

Judiciary of England and Wales, 27th November 2009

Source: www.judiciary.gov.uk

Bill clears the way for third party claims against liability insurers – OUT-LAW.com

Posted November 30th, 2009 in insolvency, insurance, news, third parties by sally

“A proposed new law will make it easier and cheaper for people to pursue their claims directly against insurers when the insured becomes insolvent.”

Full story

OUT-LAW.com, 30th November 2009

Source: www.out-law.com

Government net disconnections could scupper free Wi-Fi and breach EU laws, says expert – OUT-LAW.com

Posted November 30th, 2009 in EC law, internet, news by sally

“The Government’s Digital Economy Bill could be in breach of EU laws, according to an internet law expert. Professor Lilian Edwards has also warned that the Bill could make it impossible to operate a free wireless network legally.”

Full story

OUT-LAW.com, 26th November 2009

Source: www.out-law.com

NAO Identifies Significant Weaknesses in Legal Aid Administration – The Bar Council

Posted November 30th, 2009 in legal aid, press releases by sally

“The Bar Council has today welcomed the report on the procurement of criminal legal aid in England and Wales, which has been published by the National Audit Office (NAO).  The NAO’s report examines the procurement of criminal legal aid by the Legal Services Commission (LSC), the body responsible for the distribution of the legal aid budget within England and Wales. ”

Full press release

The Bar Council, 27th November 2009

Source: www.barcouncil.or.guk

Housing fraud informants to receive rewards of up to £500 – The Guardian

Posted November 30th, 2009 in fraud, housing, informers, news by sally

“The government is to offer cash rewards of up to £500 to people who report neighbours they suspect are unlawfully subletting their council home.”

Full story

The Guardian, 29th November 2009

Source: www.guardian.co.uk

Prince of Wales could be asked to appear in court over role in Chelsea Barracks row – Daily Telegraph

Posted November 30th, 2009 in contracts, news, planning, royal family by sally

“The Prince of Wales could be asked to appear in court over his role in helping to block the £3 billion Chelsea Barracks housing scheme designed by Lord Rogers.”

Full story

Daily Telegraph, 29th November 2009

Source: www.telegraph.co.uk

Lost or missing insurance policies leave asbestos victims without compensation – The Independent

Posted November 30th, 2009 in asbestos, industrial injuries, insurance, news by sally

“Insurance companies were yesterday accused of profiteering from victims of the deadly asbestos cancer mesothelioma. Hundreds of victims of the disease are going without compensation because many of the insurance policies meant to protect workers allegedly have been lost.”

Full story

The Independent, 29th November 2009

Source: www.independent.co.uk

 

Cleared Dando suspect Barry George challenges surveillance order – The Guardian

Posted November 30th, 2009 in human rights, news, supervision orders by sally

“Barry George, the man acquitted at a retrial of killing the BBC television presenter Jill Dando, is making an unprecedented legal challenge to stop the authorities keeping a watch on his movements.”

Full story

The Guardian, 29th November 2009

Source: www.guardian.co.uk

Outdated Crown Prosecution Service should be modernised, says DPP – The Guardian

Posted November 30th, 2009 in Crown Prosecution Service, news by sally

“Service should be more open with the public and less reliant on paper case files, says Keir Starmer QC.”

Full story

The Guardian, 30th November 2009

Source: www.guardian.co.uk

Last hope for Gary McKinnon as court hears Ian Norris extradition appeal – The Times

Posted November 30th, 2009 in news by sally

“Britain’s highest court will hear a test challenge today that to extradite a retired businessman to the United States would be a breach of his human rights.”

Full story

The Times, 30th November 2009

Source: www.timesonline.co.uk

Murderers and rapists among hundreds of prisoners released in error – The Times

Posted November 30th, 2009 in news by sally

“Almost 200 prisoners including murders and sex offenders have been released early by mistake from jails, according to official government figures.”

Full story

The Times, 30th November 2009

Source: www.timesonline.co.uk

Hacker Gary McKinnon to appeal after extradition blow – BBC News

Posted November 30th, 2009 in computer crime, extradition, news by sally

“The ‘devastated’ lawyers for computer hacker Gary McKinnon are to challenge the home secretary’s decision not to block his extradition to the US.”

Full story

BBC News, 27th November 2009

Source: www.bbc.co.uk

Drivers win taxi age court fight – BBC News

Posted November 30th, 2009 in judicial review, news, taxis by sally

“A judge has ruled in the favour of taxi drivers in Newport, who challenged a council decision to impose age limits on vehicles.”

Full story

BBC News, 27th November 2009

Source: www.bbc.co.uk

Detention of children at immigration ‘prisons’ attacked by MPs – The Observer

Posted November 30th, 2009 in children, immigration, imprisonment, news by sally

“Too many children being held at detention centres for too long, says home affairs select committee.”

Full story

The Observer, 29th November 2009

Source: http://observer.guardian.co.uk/

 

Ex-soldier jailed for 1998 rape – BBC News

Posted November 27th, 2009 in news, rape, sentencing by sally

“A former soldier from North Yorkshire who raped a woman outside a nightclub in Preston nearly 11 years ago has been jailed for seven years.”

Full story

BBC news, 27th November 2009

Source: www.bbc.co.uk