Recent Statutory Instruments – OPSI

Posted October 13th, 2008 in legislation by sally

The Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008

The Mental Health (Nurses) (Wales) Order 2008

The Mental Health (Conflicts of Interest) (Wales) Regulations 2008

The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2008

The Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008

The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2008

The Child Support (Consequential Provisions) (No. 2) Regulations 2008

The Corporation Tax (Instalment Payments) (Amendment) Regulations 2008

The Veterinary Medicines (Amendment) Regulations 2008

The Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) Regulations 2008

The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008

The Non-resident Companies (General Insurance Business) (Amendment) Regulations 2008

The Statutory Auditors and Third Country Auditors (Amendment) (No. 2) Regulations 2008

The Civil Enforcement of Parking Contraventions (The County Council of Durham) (Durham District) Designation Order 2008

The Police (Conduct) Regulations 2008

Source: www.opsi.gov.uk

R v S (F) and A(S) – WLR Daily

Posted October 13th, 2008 in encryption, evidence, investigatory powers, law reports, self-incrimination by sally

R v S (F) and A(S); [2008] WLR (D) 313

“The key or password to an encrypted computer file was a fact which did not constitute an admission of guilt. Only knowledge of it might be incriminating if the data contained incriminating material.”

WLR Daily, 10th October 2008

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.

Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg – WLR Daily

Posted October 13th, 2008 in database right, EC law, law reports by sally

Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg (Case C-304/07); [2008] WLR (D) 312

“The ‘extraction’ of the contents of a database, which the database maker had the right to prevent, entailed an act of transfer of the contents to another medium, and included electronic copying and copying by a manual process.”

WLR Daily, 10th October 2008

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.

In re Courts plc – WLR Daily

Posted October 13th, 2008 in debts, insolvency, law reports by sally

In re Courts plc [2008] EWHC 2339 (Ch); [2008] WLR (D) 311

“S 176A(2) of the Insolvency Act 1986, which provided that a prescribed part of a company’s net property should be available for the satisfaction of unsecured debts, applied either in its entirety or not at all. There was no jurisdiction under s 176A(5) to order a partial disapplication of s 176A(2) regarding unsecured creditors with claims of a certain value.”

WLR Daily, 10th October 2008

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.

R. K. and A. K. v United Kingdom – Times Law Reports

Posted October 13th, 2008 in care orders, human rights, law reports by sally

R. K. and A. K. v United Kingdom (Application No 38000/05)

European Court of Human Rights

“Although the removal of a child from parental care did not amount to a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life, there was a breach of article 13, guaranteeing an effective remedy.”

The Times, 13th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.

ID cards plan in crisis as the ‘guinea pigs’ revolt – The Guardian

Posted October 13th, 2008 in identity cards, news by sally

“Plans to build support for identity cards by introducing them among ‘guinea pig’ groups, such as airport staff and students, are in crisis after 10,000 airline pilots vowed to take legal action to block them and opposition swept through Britain’s universities and councils.”

Full story

The Guardian, 12th October 2008

Source: www.guardian.co.uk

Music fans back legal downloads – BBC News

Posted October 13th, 2008 in copyright, internet, news by sally

“Music pirates can be deterred by warnings from their internet service provider (ISP), suggests a survey.”

Full story

BBC News, 12th October 2008

Source: www.bbc.co.uk

Home owners who raffle their properties risk criminal offence, says Gambling Commission – Daily Telegraph

Posted October 13th, 2008 in gambling, news by sally

“The growing band of home owners who resort to raffling their properties could be breaking the law, the Gambling Commission has warned.”

Full story

Daily Telegraph, 10th October 2008

Source: www.telegraph.co.uk

Database right prevents more than just cut ‘n’ paste copying, rules ECJ – OUT-LAW.com

Posted October 13th, 2008 in database right, news by sally

“A judgment by Europe’s highest court has strengthened the rights of database creators to protect their work from being used by third parties without permission. The database right protects against more than just copying and pasting, it ruled.”

Full story

OUT-LAW.com, 10th October 2008

Source: www.out-law.com

Muslims rebuffed over sharia courts – The Times

Posted October 13th, 2008 in islamic law, news by sally

“Gordon Brown’s new minister for race relations has attacked sharia courts, insisting that the Muslim community in Britain is not ‘advanced’ enough to have its own legal system.”

Full story

The Times, 12th October 2008

Source: www.timesonline.co.uk

London becomes defamation capital for world’s celebrities – The Independent

Posted October 13th, 2008 in defamation, special report by sally

“There was once a golden age of celebrity when those lucky enough to earn a living as actors, singers or models were grateful for all the publicity they could get. Not any more. The number of stars of stage and screen resorting to legal action has doubled since 2005, helping to make London the defamation capital of the world.”

Full story

The Independent, 13th October 2008

Source: www.independent.co.uk

Pensioner caught with £1,300 cocaine in handbag escapes jail – Daily Telegraph

Posted October 13th, 2008 in drug offences, news, sentencing by sally

“A 77-year-old pensioner caught with £1,300 of cocaine in her handbag has escaped jail after telling a judge she used it to treat pneumonia.”

Full story

Daily Telegraph, 10th October 2008

Source: www.telegraph.co.uk

Court of Appeal confirms rejection of UK-IPO software patent approach – OUT-LAW.com

Posted October 13th, 2008 in detention, news by sally

“The Court of Appeal has refused to accept the UK Intellectual Property Office’s rejection of a patent for a piece of software in a move which experts say will open the door for more software patents in the UK.”

Full story

OUT-LAW.com, 10th October 2008

Source: www.out-law.com

Peers to vote on anti-terror plan – BBC News

Posted October 13th, 2008 in detention, news, terrorism by sally

“The House of Lords is set to vote on whether to extend the terror detention limit to 42 days.”

Full story

BBC News, 13th October 2008

Source: www.bbc.co.uk

Comment is Free: No one wants this terror bill – The Guardian

Posted October 13th, 2008 in detention, special report, terrorism by sally

“Today sees the return to the House of Lords of the contentious issue of extending to 42 days the time someone can be held by the police without being charged. I would have wanted to take part in the debate, though unavoidably I will be absent overseas. My view is that this pernicious provision should be removed from this bill now.”

Full story

The Guardian, 13th October 2008

Source: www.guardian.co.uk

SRA hits out at Law Soc review – The Lawyer

Posted October 13th, 2008 in Law Society, news, solicitors, Solicitors Regulation Authority by sally

“The Solicitors Regulation Authority (SRA) has attacked the Law Society for over-stepping its remit in launching a potentially dramatic review into the regulation of the legal profession.”

Full story

The Lawyer, 10th October 2008

Source: www.thelawyer.com

Outrage as barrister claims Facebook photos showed rape victim is ‘having a good time’ – Daily Telegraph

Posted October 13th, 2008 in barristers, news, rape, trials by sally

“An MP has expressed outrage after a barrister referred to a teenage rape victim’s photos on social networking site Facebook showing her looking happy.”

Full story

Daily Telegraph, 13th October 2008

Source: www.telegraph.co.uk

Law firms ‘losing talent over hours and work-life balance’ – The Times

Posted October 13th, 2008 in law firms, news, working time by sally

“The culture in City law firms of working long hours is draining talent from the legal profession, according to research to be published this week.”

Full story

The Times, 13th October 2008

Source: www.timesonline.co.uk

Rail damage graffiti group jailed – BBC News

Posted October 10th, 2008 in criminal damage, news, railways, sentencing by sally

“Four graffiti vandals have been jailed after admitting causing an estimated £50,000 of damage to trains and chaos to services in the South East.”

Full story

BBC News, 10th October 2008

Source: www.bbc.co.uk

Care worker jailed for two rapes – BBC News

Posted October 10th, 2008 in care workers, news, rape, sentencing by sally

“A care worker who admitted raping two women, one of them a psychiatric hospital patient, has been sentenced to an indeterminate jail term.”

Full story

BBC News, 10th October 2008

Source: www.bbc.co.uk