Council punished over theft of laptops from locked room – OUT-LAW.com

Posted July 23rd, 2009 in data protection, encryption, news by sally

“Privacy watchdog the Information Commissioner’s Office (ICO) has taken action against a local authority which lost two laptop computers despite the fact that they were stored in a locked office and password-protected.”

Full story

OUT-LAW.com, 23rd July 2009

Source: www.out-law.com

The Big Question: Will phone tapping convict more people, and why are its opponents so worried? – The Independent

Posted July 23rd, 2009 in evidence, interception, news by sally

“Why are we asking this now?

Because a government watchdog has warned against the use of phone-tap evidence in court, following mock trials in which its use gave every indication of being a disaster. Sir Paul Kennedy, the Interception of Communications Commissioner and a former Lord Justice of Appeal, said he could see no way to overcome problems with such evidence, and that the Government should drop its plans. Use of the technique at trials through March and April revealed “real legal and operational difficulties inherent in using intercept as evidence in the UK”, he said, before adding: “I cannot see a way to safely overcome these”. Aside from the immediate question of whether the law should be changed, intercepted phone calls have come under the spotlight with increasing frequency. Andy Coulson, the former News of the World editor who now advises David Cameron, revealed this week that he had his phone bugged during his reign at the paper. Last year Sadiq Khan, a Labour MP, had his phone bugged during conversations with a constituent who was suspected of involvement in terrorism.”

Full story

The Independent, 23rd July 2009

Source: www.independent.co.uk

Couple celebrated lottery win with town centre sex – Daily Telegraph

Posted July 23rd, 2009 in news, outraging public decency, sentencing by sally

“A drunken couple who celebrated winning £100 on the National Lottery with a display of exhibitionism in a town centre have walked free from court.”

Full story

Daily Telegraph, 23rd July 2009

Source: www.telegraph.co.uk

Alice Cooper fan who brandished prosthetic leg at concert is spared jail – The Guardian

Posted July 23rd, 2009 in assault, news, sentencing by sally

“Rocker who lost part of leg in motorcycle accident given suspended sentence for attacking fellow concertgoer.”

Full story

The Guardian, 22nd July 2009

Source: www.guardian.co.uk

The Times Law100 2009 – The Times

Posted July 23rd, 2009 in legal profession, news by sally

“Who are Britain’s most powerful lawyers? The debate this year was lengthy and sometimes fiery, but here are our picks.”

Full story

The Times, 23rd July 2009

Source: www.timesonline.co.uk

Man guilty of Beshenivsky murder – BBC News

Posted July 22nd, 2009 in gangs, murder, news, sentencing by sally

“A man has been jailed for life for the murder of a policewoman who was shot dead during a bungled robbery.”

Full story

BBC News, 22nd July 2009

Source: www.bbc.co.uk

Criminals awaiting deportation net £500,000 – The Independent

Posted July 22nd, 2009 in compensation, deportation, detention, news by sally

“Foreign criminals awaiting deportation have been handed some £500,000 in compensation since April last year, it has been revealed.”

Full story

The Independent, 22nd July 2009

Source: www.independent.co.uk

Father wins Iraq inquest review – BBC News

Posted July 22nd, 2009 in inquests, Iraq, judicial review, news by sally

“The father of a soldier killed in Iraq has won permission to challenge a coroner’s decision not to hold a full investigation into his son’s death.”

Full story

BBC News, 22nd July 2009

Source: www.bbc.co.uk

Information Commissioner enjoys new powers to fine from April 2010 – OUT-LAW.com

Posted July 22nd, 2009 in data protection, fines, news, privacy by sally

“Privacy regulator the Information Commissioner will be handed new powers to issue fines next April. The Commissioner’s office has confirmed for the first time the date on which it will be able to hand out new fines.”

Full story

OUT-LAW.com, 22nd July 2009

Source: www.out-law.com

Appropriation (No. 2) Act 2009

Posted July 22nd, 2009 in appropriation, legislation by sally

Appropriation (No. 2) Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Finance Act 2009

Posted July 22nd, 2009 in customs and excise, legislation, taxation by sally

Finance Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Borders, Citizenship and Immigration Act 2009

Posted July 22nd, 2009 in citizenship, immigration, legislation by sally

Borders, Citizenship and Immigration Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Parliamentary Standards Act 2009

Posted July 22nd, 2009 in expenses, legislation, parliament, parliamentary privilege by sally

Parliamentary Standards Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Recent Statutory Instruments – OPSI

Posted July 22nd, 2009 in legislation by sally

The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009

The Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009

The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments)(Amendment) Regulations 2009

The Planning (Hazardous Substances) (Amendment) (England) Regulations 2009

The Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009

The Armed Forces (Disposal of Property) Regulations 2009

The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2009

The Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2009

The Whole of Government Accounts (Designation of Bodies) Order 2009

Source: www.opsi.gov.uk

Bar flies in the face of the recession with turnover hikes across the board – The Lawyer

Posted July 22nd, 2009 in barristers, news, remuneration by sally

“The bar appears to be on the brink of a boom period, despite leading litigators warning that the anticipated litigation tsunami has failed to materialise.”

Full story

The Lawyer, 20th July 2009

Source: www.thelawyer.com

RSPCA to prosecute officer who left police dogs to die in hot car – The Guardian

Posted July 22nd, 2009 in animal cruelty, news by sally

“A police dog handler who left two alsatians to die in a car during the recent heatwave could face up to six months in jail and a £20,000 maximum fine after the RSPCA confirmed today it would prosecute the case.”

Full story

The Guardian, 21st July 2009

Source: www.guardian.co.uk

Regina v Erskine; Regina v Williams – Times Law Reports

Regina v Erskine; Regina v Williams

Court of Appeal (Criminal Division)

“Firm measures were required immediately to ensure that appeals against conviction and sentence could be heard without an excessive citation of earlier, largely factual decisions which did no more than illustrate or restate a principle.”

The Times, 22nd July 2009

Source: www.timesonline.co.uk

Regina (Bates) v Chief Constable of Avon and Somerset Constabulary – Times Law Reports

Posted July 22nd, 2009 in contempt of court, law reports, police, search & seizure by sally

Regina (Bates) v Chief Constable of Avon and Somerset Constabulary

Queen’s Bench Divisional Court

“A court order requiring the police to return items seized under a search warrant could not be enforced because no time had been set for compliance with the order.”

The Times, 21st July 2009

Source: www.timesonline.co.uk

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan – WLR Daily

Posted July 22nd, 2009 in arbitration, estoppel, jurisdiction, law reports, Pakistan by sally

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2009] EWCA Civ 755; [2009] WLR (D) 2

“When a court was reviewing an international arbitration award made under ss 100–103 of the Arbitration Act 1996 careful attention was to be accorded to the type of hearing and the standard of proof required to establish that an award was “not valid” for the purposes of s 103(2)(b) of the 1996 Act. Further, when an assertion of estoppel was made, going to the matter of non-validity, the fact that the jurisdiction of the arbitral tribunal was founded on consent, rather than legislation, could be critical.”

WLR Daily, 21st July 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.

R v Tilley – WLR Daily

Posted July 22nd, 2009 in benefits, fraud, law reports, social security, third parties by sally

R v Tilley [2009] EWCA Crim 1426; [2009] WLR (D) 249

“Where a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence if he dishonestly allowed the beneficiary to fail to report the change, but to commit the offence the third party had to have been active in some way in the failure.”

WLR Daily, 21st July 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.