Recent Statutory Instruments – OPSI

Posted June 23rd, 2009 in legislation by sally

The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009

The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 4) Order 2009

The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2009

The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations 2009

The Safety of Sports Grounds (Designation) (No.3) Order 2009

Source: www.opsi.gov.uk

Multiple bigamist facing prison – BBC News

Posted June 23rd, 2009 in bigamy, news by sally

“A former glamour model and adult film actress has admitted getting married while still legally wed, for the fifth time.”

Full story

BBC News, 22nd June 2009

Source: www.bbc.co.uk

Regina (Miller and another) v Independent Assessor – WLR Daily

Posted June 23rd, 2009 in compensation, law reports, miscarriage of justice by sally

Regina (Miller and another) v Independent Assessor [2009] EWCA Civ 609; [2009] WLR (D) 206

“In assessing the compensation payable to a victim of miscarriage of justice who in consequence had served a term of imprisonment, the independent assessor should apply principles of other civil awards in respect of similar wrongs in order to achieve legal consistency with earlier decisions, having regard to the gravity of the offence of which the victim had been wrongly convicted and the period of his incarceration.”

WLR Daily, 22nd June 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.

Andrew Brown v Innovatorone plc and others – WLR Daily

Posted June 23rd, 2009 in law reports, service, solicitors by sally

Andrew Brown v Innovatorone plc and others [2009] EWHC 1376 (Comm); [2009] WLR (D) 205

“A claim form was not effectively served on a solicitor where the solicitor had not notified the claimant in writing that the solicitor had been instructed by the defendant to accept service on behalf of the defendant, and, while it did not require exceptional circumstances for exercise of the court’s power to authorise service by an alternative method to those specifically permitted, a rigorous approach was to be taken to the issue whether there was good reason to exercise that power.”

WLR Daily, 22nd June 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.

Teacher raped by boy wins damages – BBC News

Posted June 23rd, 2009 in damages, news, rape, teachers by sally

“A teacher who was raped by a pupil will receive an undisclosed payment from her London school in compensation for the ‘truly horrifying’ attack.”

Full story

BBC News, 22nd June 2009

Source: www.bbc.co.uk

Regina v McQuoid – Times Law Reports

Posted June 23rd, 2009 in fraud, insider dealing, law reports by sally

Regina v McQuoid

Court of Appeal (Criminal Division)

“Deliberate insider dealing was a species of fraud for which prosecution, rather than regulatory proceedings, would often be more appropriate.”

The Times, 23rd June 2009

Source: www.timesonline.co.uk

AS (Somalia) v Secretary of State for the Home Department – Times Law Reports

Posted June 23rd, 2009 in appeals, children, immigration, law reports by sally

AS (Somalia) v Secretary of State for the Home Department

House of Lords

“The statutory provision that on hearing an appeal against a refusal of entry clearance the adjudicator or tribunal could have regard only to the circumstances appertaining at the time of the decision to refuse and could have no regard to any subsequent change in the applicant’s circumstances, was not incompatible with article 8 of the European Convention on Human Rights, even though its effect could lead to delay in bringing a family together in the United Kingdom.”

The Times, 22nd June 2009

Source: www.timesonline.co.uk

Kenyan veterans in UK court bid – BBC News

Posted June 23rd, 2009 in colonies, compensation, human rights, Kenya, news, torture by sally

“A case against the British government brought by veterans of Kenya’s independence struggle will be heard at London’s High Court later.”

Full story

BBC News, 23rd June 2009

Source: www.bbc.co.uk

Government surveillance response ‘inadequate’, say Lords – OUT-LAW.com

Posted June 23rd, 2009 in data protection, government departments, news by sally

“The Government’s response to a Parliamentary report on the monitoring and legislation surrounding surveillance is ‘inadequate’ and it has ‘paid insufficient attention’ to the report’s recommendations, a follow up report has said.”

Full story

OUT-LAW.com, 22nd June 2009

Source: www.out-law.com</a

Injuries prompt youth jail review – BBC News

Posted June 23rd, 2009 in news, prisons, restraint, young offenders by sally

“Prison chiefs are reviewing how staff restrain inmates at a young offenders’ institution (YOI) after an ‘unprecedented’ number of injuries.”

Full story

BBC News, 23rd June 2009

Source: www.bbc.co.uk

Social networking giants are subject to EU data protection laws, say regulators – OUT-LAW.com

Posted June 23rd, 2009 in data protection, internet, news by sally

“Social networking sites are legally responsible for their users’ privacy, Europe’s privacy watchdogs have confirmed. A committee of data protection regulators has said that the sites are ‘data controllers’, with all the legal obligations that brings.”

Full story

OUT-LAW.com, 22nd June 2009

Source: www.out-law.com

Parents jailed over ‘hell hole’ for children – The Independent

Posted June 23rd, 2009 in child cruelty, child neglect, news, sentencing by sally

“A mother and father who let their children live in a ‘hell hole’ were today jailed for three years, police said.”

Full story

The Independent, 22nd June 2009

Source: www.independent.co.uk

Traveller site legal case begins – BBC News

Posted June 23rd, 2009 in news, travellers by sally

“A council has started legal action against a group of travellers who moved into an Essex village in April.”

Full story

BBC News,

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 22nd, 2009 in law reports by sally

High Court (Family Division)

McFarlane v McFarlane [2009] EWHC 891 (Fam) (18 June 2009)

High Court (Administrative Court)

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin) (08 June 2009)

Wilson & Anor v Yorkshire Dales National Park Authority [2009] EWHC 1425 (Admin) (19 June 2009)

High Court (Commercial Court)

Brown & Ors v Innovatorone Plc & Ors [2009] EWHC 1376 (Comm) (19 June 2009)

High Court (Technology and Construction Court)

Roundstone Nurseries Ltd v Stephenson Holdings Ltd [2009] EWHC 1431 (TCC) (10 June 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 22nd, 2009 in legislation by sally

The Groundwater (England and Wales) Regulations 2009

The Statistics and Registration Service Act 2007 (Disclosure of Higher Education Student Information) Regulations 2009

The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2009

The Companies Act 2006 (Consequential Amendments) (Uncertificated Securities) Order 2009

The Caribbean Development Bank (Seventh Replenishment of the Unified Special Development Fund) Order 2009

The Counter-Terrorism Act 2008 (Commencement No. 4) Order 2009

The Fixed Penalty (Amendment) (No. 3) Order 2009

The Magistrates’ Courts Fees (Amendment) Order 2009

The Non-Contentious Probate Fees (Amendment) Order 2009

The Civil Proceedings Fees (Amendment) Order 2009

The Family Proceedings Fees (Amendment) Order 2009

Source: www.opsi.gov.uk

Lawyers claim bidding system for criminal defence work may be illegal – The Guardian

Posted June 22nd, 2009 in law firms, legal aid, news, tenders by sally

“Government proposals to introduce competitive tendering for criminal defence work will ‘savagely reduce’ the number of firms, lawyers say, and may be unlawful in their disproportionate impact on minority lawyers.”

Full story

The Guardian, 21st June 2009

Source: www.guardian.co.uk

Teachers’ body won’t stop BNP working in schools – The Guardian

Posted June 22nd, 2009 in news, political parties, teachers by sally

“The General Teaching Council for England is today accused by members of its governing body of failing to act to prevent British National party members from teaching in schools.”

Full story

The Guardian, 20th June 2009

Source: www.guardian.co.uk

Owens v City of Westminster Magistrates’ Court – WLR Daily

Posted June 22nd, 2009 in appeals, delay, extradition, law reports, time limits by sally

Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20

“When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within the meaning of s 36(5) of the Act and, accordingly, the 10-day period within which s 36(2) and (3)(a) stipulated that extradition should take place did not begin to run until the 14-day period permitted by s 32(5) for applying to the High Court for leave to appeal to the House of Lords had expired, notwithstanding that the High Court had on the same day as dismissing the appeal declined to certify for the purposes of s 32(4)(a) of the Act that a point of law of general public importance was involved. As regards the requirement in s 36(8) that ‘reasonable cause’ be shown for delay in effecting extradition, the expression could be construed as being sufficiently broad to cover a short delay arising from an error of law made by the Serious Organised Crime Agency (‘SOCA’), the body responsible for the surrender of individuals to requesting states at the conclusion of extradition proceedings under the 2003 Act, in calculating the period within which the person must be extradited as specified in s 36(3) of the Act.”

WLR Daily, 19th June 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.

L’Oréal SA and others v Bellure NV and others – WLR Daily

Posted June 22nd, 2009 in advertising, EC law, law reports, trade marks by sally

L’Oréal SA and others v Bellure NV and others (Case C-487/07); [2009] WLR (D) 203

“The claimants, producers and marketers of luxury perfumes, were the proprietors in the United Kingdom of well-known trade marks, some in the form of word marks alone, and others being word and figurative marks including a representation of the bottle or packaging for the particular perfume. The defendants, the producer of and two companies which marketed imitations of fine fragrances, offered a range of products some of whose bottles and packaging were generally similar to those of products of the claimants’, although it was common ground that the similarity was unlikely to mislead professionals or the public. The defendant marketing companies provided to their retailers lists which compared the smell of a product of the defendants’ with a product of the claimants’ which was being imitated, in each case identified by reference to the word mark by which the product was known. In trade mark infringement proceedings brought by the claimants, a number of issues arose relating to the interpretation of (i) Council Directive 89/104/EEC on trade marks and (ii) article 3a(1) of Council Directive 84/450/EEC on misleading and comparative advertising as amended by European Parliament and Council Directive 97/55/EC (‘Directive 84/450’), and the Chancery Division of the High Court referred questions thereon to the European Court of Justice for a preliminary ruling.”

WLR Daily, 19th June 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 (Weaver) v London & Quadrant Housing Trust (Equality & Human Rights Commission intervening) – WLR Daily

Posted June 22nd, 2009 in housing, judicial review, law reports by sally

R (Weaver) v London & Quadrant Housing Trust (Equality & Human Rights Commission intervening) [2009] EWCA Civ 587; [2009] WLR (D) 202

“On the facts of the particular case, a registered social landlord was a hybrid public authority and the act of terminating the tenancy of its assured tenant was not a private act and was susceptible to judicial review.”

WLR Daily, 19th June 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.