Current Awareness

Recent Statutory Instruments – OPSI

Posted October 22nd, 2009 in legislation by sally

The Census (England and Wales) Order 2009

The Criminal Justice and Immigration Act 2008 (Commencement No. 12) Order 2009

The Extradition Act 2003 (Specification of Category 1 Territories) Order 2009

The Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2009

The Corporation Tax (Implementation of the Mergers Directive) Regulations 2009

The Statutory Auditors and Third Country Auditors (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) – WLR Daily

Posted October 22nd, 2009 in criminal records, data protection, law reports, police by sally

Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) [2009] EWCA Civ 1079; [2009] WLR (D) 302

“In relation to the national police computer it was for the data controller to determine the purposes for which data was processed. It was a registered purpose to hold information so that it could be supplied to others in legitimate need such as the courts and the Crown Prosecution Service. Consequently there could be no question of the retention of records of old minor convictions being held to be either excessive or being held for longer than necessary.”

WLR Daily, 19th October 2009

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.

Birmingham City Council v Qasim and others – WRL Daily

Posted October 22nd, 2009 in housing, law reports, repossession by sally

Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301

“The allocation of a secure tenancy and the grant of such a tenancy by a local housing authority were separate concepts, so that where the authority granted a tenancy to a tenant to whom accommodation had been allocated inconsistently with the authority’s allocation scheme, pursuant to Pt VI of the Housing Act 1996, the tenancy was not thereby rendered void or ineffective.”

WLR Daily, 19th October 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.

Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) – WLR Daily

Posted October 22nd, 2009 in employment, equal pay, law reports, sex discrimination by sally

Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) [2009] EWCA Civ 1074; [2009] WLR (D) 300

“An employer could be required, in proceedings in which an equal pay claim was brought, to provide objective justification for his use of a length of service criterion as well as its adoption in the first place.”

WLR Daily, 19th October 2009

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.

Chief Constable of Humberside Police and Others v Information Commissioner, Secretary of State for the Home Department intervening – Times Law Reports

Posted October 22nd, 2009 in law reports by sally

Chief Constable of Humberside Police and Others v Information Commissioner, Secretary of State for the Home Department intervening

Court of Appeal

“There could be no question of the retention of records of old minor convictions being held in the national police computer to be either excessive or being held for longer than necessary. It was for the data controller to determine the purposes for which data were processed and it was a registered purpose to hold information so that it could be supplied to others in legitimate need such as the courts and the Crown Prosecution Service.”

The Times, 22nd October 2009

Source: www.timesonline.co.uk

Lord Woolf raps solicitors for CPR failings – Law Society’s Gazette

Posted October 22nd, 2009 in civil procedure rules, legal profession, news by sally

“Lord Woolf has blamed lawyers, the judiciary and government for blunting the impact of his 10-year-old reforms to the Civil Procedure Rules (CPR).”