Recent Statutory Instruments – OPSI

Posted June 4th, 2009 in legislation by sally

The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (Wales) Order 2009

The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 5) 2009

The Research and Development (Qualifying Bodies) (Tax) Order 2009

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009

The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2009

The Child Maintenance and Other Payments Act 2008 (Commencement No. 5) Order 2009

The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

The Human Fertilisation and Embryology (Appeals) Regulations 2009

The Human Fertilisation and Embryology (Special Exemption) Regulations 2009

The Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009

Source: www.opsi.gov.uk

How the rule of law can avoid the world at war – The Times

Posted June 4th, 2009 in news, rule of law by sally

“The judge who heads Britain’s top court has warned that ‘popular emotion’ must not subvert the rule of law.”

Full story

The Times, 4th June 2009

Source: www.timesonline.co.uk

Bar Council calls on firms to fund civil litigation – Legal Week

Posted June 4th, 2009 in law firms, legal aid, news by sally

“City law firms could help fund some civil litigation cases as part of sweeping proposals to overhaul litigation funding mechanisms in the UK.”

Full story

Legal Week, 4th June 2009

Source: www.legalweek.com

Regina v Horncastle; Regina v Blackmore; Regina v Marquis; Regina v Graham; Regina v Carter – Times Law Reports

Posted June 3rd, 2009 in hearsay evidence, law reports, witnesses by sally

Regina v Horncastle; Regina v Blackmore; Regina v Marquis; Regina v Graham; Regina v Carter

Court of Appeal (Criminal Division)

“A criminal trial could be fair although the defence did not have the opportunity of examining every prosecution witness.”

The Times, 3rd June 2009

Source: www.timesonline.co.uk

Elitist culture of secrecy must end, says Lord Falconer – The Times

Posted June 3rd, 2009 in freedom of information, news, parliament by sally

“The former Lord Chancellor wants an end to off-the-record briefings and a relaxation of Cabinet collective responsibility.”

Full story

The Times, 2nd June 2009

Source: www.timesonline.co.uk

Code for handling personal data is muddled, says lawyer – OUT-LAW.com

Posted June 3rd, 2009 in data protection, news by sally

“A code of conduct for handling personal data was launched in London yesterday. But the document is inconsistent on the need for consent when collecting personal data, according to a data protection expert. Sometimes consent is not necessary, he said.”

Full story

OUT-LAW.com, 2nd June 2009

Source: www.out-law.com

Catholic charities breaking law on homosexual adoption – Daily Telegraph

Posted June 3rd, 2009 in adoption, charities, news, sexual orientation discrimination by sally

“Catholic charities who discriminate against homosexual couples who want to adopt children are breaking the law, the Charity Tribunal has ruled.”

Full story

Daily Telegraph, 3rd June 2009

Source: www.telegraph.co.uk

A more civilised approach to suicide – The Times

Posted June 3rd, 2009 in assisted suicide, news by sally

“Under current law if you accompany a terminally ill relative to a clinic, knowing they are going there to be assisted in ending their own life, you are committing a crime. The Suicide Act 1961, now almost half a century old, makes this clear when it says that it is unlawful to “aid, abet, counsel or procure” the suicide of another person.”

Full story

The Times, 3rd June 2009

Source: www.timesonline.co.uk

Privacy rights thwart evidence search in hammer attack lawsuit – OUT-LAW.com

Posted June 2nd, 2009 in disclosure, human rights, news, racism, school children by sally

“A school that is being sued for failing to prevent a vicious attack on a pupil does not need to give the victim’s legal team access to a database of pupil misbehaviour because the disclosure would be disproportionate and breach children’s human rights.”

Full story

OUT-LAW.com, 2nd June 2009

Source: www.out-law.com

Napier and Another v Pressdram Ltd – Times Law Report

Posted June 2nd, 2009 in barristers, confidentiality, law reports, solicitors by sally

Napier and Another v Pressdram Ltd

Court of Appeal

“A barrister who made a complaint against his solicitor to his professional body owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication against the solicitor where the subject matter underlying the adjudication was nothing private to the solicitor.”

The Times, 2nd June 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted June 2nd, 2009 in legislation by sally

The Health and Social Care Act 2008 (Commencement No. 10) Order 2009

The European Organization for Astronomical Research in the Southern Hemisphere (Immunities and Privileges) Order 2009

The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009

The Transfer of Functions of the Charity Tribunal Order 2009

The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009

The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009

Source: www.opsi.gov.uk

£300,000 for judge off sick after blackmail trial – Daily Telegraph

Posted June 2nd, 2009 in judges, news, sick leave by sally

“Immigration judge Mohammed Ilyas Khan who had an affair with his Brazilian cleaner has been paid nearly £300,000 while off work.”

Full story

Daily Telegraph, 2nd July 2009

Source: www.telegraph.co.uk

Woman set for suicide appeal bid – BBC News

Posted June 2nd, 2009 in assisted suicide, news by sally

“A woman with multiple sclerosis is urging the House of Lords to clarify the law on assisted suicide.”

Full story

BBC News, 2nd June 2009

Source: www.bbc.co.uk

Britons confused by legality of downloads, finds report – OUT-LAW.com

Posted June 2nd, 2009 in copyright, internet, news by sally

“Consumers are spoilt for choice when they seek content online and are confused about what is legal and not legal, according to a report published on Friday. That confusion, and the ease of lawbreaking, present challenges for Government, the authors say.”

Full story

OUT-LAW.com, 1st June 2009

Source: www.out-law.com

Charity loses funding to help child refugees wrongly classified as adults – The Guardian

Posted June 1st, 2009 in asylum, charities, children, education, news by sally

“Hundreds of children fleeing war and persecution will be wrongly denied education and given no more help than adult asylum seekers in the UK under controversial changes introduced by the government, a leading charity warned yesterday.”

Full story

The Guardian, 1st June 2009

Source: www.guardian.co.uk

FSA steps up battle against insider trading – The Times

Posted June 1st, 2009 in financial regulation, insider dealing, news by sally

“The Financial Services Authority (FSA) is to increase the firepower of its enforcement division by hiring several lawyers from leading City firms, The Times has learnt.”

Full story

The Times, 1st June 2009

Source: www.timesonline.co.uk

House of Lords Judgments: What’s new?

Posted June 1st, 2009 in law reports by sally

McConkey and another (Appellants) v The Simon Community (Respondents) (Northern Ireland) [2009] UKHL 24 (20 May 2009)

Odelola (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2009] UKHL 25 (20 May 2009)

R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents) [2009] UKHL 26 (20 May 2009)

Smith (Appellant) v Northamptonshire County Council (Respondents) [2009] UKHL 27 (20 May 2009)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted June 1st, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Curtis, R v [2009] EWCA Crim 1003 (30 April 2009)

Straughan, R v [2009] EWCA Crim 955 (28 April 2009)

Fazli, R v [2009] EWCA Crim 939 (24 April 2009)

Welsh, R. v [2009] EWCA Crim 945 (24 April 2009)

Hakimzadeh, R. v [2009] EWCA Crim 959 (28 April 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 1st, 2009 in legislation by sally

The Firefighters’ Pension (Wales) Scheme (Amendment) Order 2009

The Firefighters’ Pension Scheme (Wales) (Amendment) Order 2009

The Functions in relation to External Qualifications (Wales) Order 2009

The Designation of Schools Having a Religious Character (Independent Schools) (Wales) Order 2009

The Pension Schemes (Reduction in Pension Rates) (Amendment) Regulations 2009

The Fisheries (Miscellaneous Amendments) Regulations 2009

The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009

The Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009

The Nottingham Express Transit System Order 2009

Source: www.opsi.gov.uk

Brown to launch ‘code of conduct’ for MPs – The Independent

Posted June 1st, 2009 in expenses, news, parliament by sally

“Gordon Brown said today there were ‘clear cases’ of MPs who may have broken the law over expense claims but insisted that only ‘a few’ MPs had abused the Westminster perks system.”

Full story

The Independent, 31st May 2009

Source: www.independent.co.uk‘