Recent Statutory Instruments – OPSI

Posted March 12th, 2009 in legislation by sally

The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009

The Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009

The Charities Acts 1992 and 1993 (Substitution of Sums) Order 2009

The Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009

The Community Legal Service (Financial) (Amendment) Regulations 2009

The Licensed Conveyancers (Compensation for Inadequate Professional Services) Order 2009

The Solicitors’ Recognised Bodies (Amendment) Order 2009

The Road Safety (Financial Penalty Deposit) (Interest) Order 2009

The Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009

The Social Security (Flexible New Deal) Regulations 2009

The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2009

The Child Trust Funds (Amendment) Regulations 2009

The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

The Town and Country Planning (Hearings and Inquiries Procedures) (England) (Amendment) Rules 2009

The Town and Country Planning (Determination of Appeal Procedure) (Prescribed Period) (England) Regulations 2009

The Immigration and Nationality (Fees) (Amendment) Order 2009

The Regulatory Enforcement and Sanctions Act 2008 (Commencement No 2) Order 2009

The Road Safety (Financial Penalty Deposit) Order 2009

The Dormant Bank and Building Society Accounts Act 2008 (Commencement and Transitional Provisions) Order 2009

Source: www.opsi.gov.uk

Tann v Herrington – WLR Daily

Posted March 12th, 2009 in insurance, law reports, negligence, partnerships by sally

Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89

“Where a partner entrusted with the responsibility of dealing with all aspects of the firm’s professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm’s professional indemnity insurer had refused indemnity, was a liability to be borne personally by the partner because he was responsible for notifying the insurers that a claim had been made and his delay in doing so caused the refusal of indemnity.”

WLR Daily, 11th March 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 Seddon – WLR Daily

Posted March 12th, 2009 in bail, extradition, law reports, warrants by sally

R v Seddon; [2009] WLR (D) 88

“In a European arrest warrant which sought a defendant’s return to this jurisdiction as a convicted person for the extradition offence of blackmail an allegation that the defendant was unlawfully at large and in breach of bail did not amount to ‘an offence disclosed by the information provided … in respect of’ the offence of blackmail for the purposes of s 146(3)(b) of the Extradition Act 2003.”

WLR Daily, 11th March 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.

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2009 in asylum, homosexuality, law reports by sally

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department [2009] EWCA Civ 172; [2009] WLR (D) 87

“When considering whether a homosexual person was entitled to refugee status, the test to be applied was whether the claimant would reasonably be expected to tolerate that he would have to be discreet, not only in the context of random sexual activity, but in relation to matters following from, and relevant to, sexual identity.”

WLR Daily, 11th March 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.

McE v Prison Service of Northern Ireland and Another; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same – Times Law Reports

Posted March 12th, 2009 in investigatory powers, law reports, legal profession, privilege by sally

McE v Prison Service of Northern Ireland and Another; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same

House of Lords

“Covert surveillance of communications between lawyers and their clients, covered by legal professional privilege, was permitted under the Regulation of Investigatory Powers Act 2000, notwithstanding any statutory rights of persons in custody to consult their lawyers in private.”

The Times, 12th March 2009

Source: www.timesonline.co.uk

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

‘Credit-crunched’ fund manager Bryan Myerson tries to claw back £9.5m from ex-wife – The Times

Posted March 12th, 2009 in divorce, news by sally

“A City fund manager hit by the credit crunch went to the Court of Appeal yesterday in an attempt to renegotiate £9.5 million of his divorce settlement.”

Full story

The Times, 12th March 2009

Source: www.timesonline.co.uk

Pub landlord wins right not to fit CCTV cameras – The Guardian

Posted March 12th, 2009 in closed circuit television, licensed premises, news, privacy by sally

“A prospective landlord has won his fight not to install CCTV cameras in his pub after the case was taken up by the information commissioner.”

Full story

The Guardian, 12th March 2009

Source: www.guardian.co.uk

David Cameron calls for full inquiry into Binyam Mohamed torture claims – The Guardian

Posted March 12th, 2009 in intelligence services, international law, news, torture by sally

“David Cameron today (11 March) called for a full inquiry into British intelligence agencies’ alleged involvement in torture amid mounting concern that they may have breached international law.”

Full story

The Guardian, 11th March 2009

Source: www.guardian.co.uk

Hammonds lawyer accused of taking ‘secret payments’ – The Times

Posted March 12th, 2009 in fees, fraud, misrepresentation, news, solicitors by sally

“A consultant at law firm Hammonds advised a businessman on a $14 million company purchase while simultaneously receiving secret payments to work for the seller, a court heard today.”

Full story

The Times, 11th March 2009

Source: www.timesonline.co.uk

Protesters fought the law, but the law fought back … very, very loudly – The Guardian

Posted March 12th, 2009 in demonstrations, news, police by sally

“A report into the policing of last year’s Climate Camp demonstration, to be presented today in parliament, has criticised Kent police for its apparent use of ‘psychological operations’.”

Full story

The Guardian, 12th March 2009

Source: www.guardian.co.uk

Lord Laming report to criticise child protection – Daily Telegraph

Posted March 12th, 2009 in child abuse, news, social services by sally

“Councils across the country are making the same mistakes that contributed to the death of Baby P, an official report is expected to say today.”

Full story

Daily Telegraph, 12th March 2009

Source: www.telegraph.co.uk

Charles Bronson recording at premiere sparks calls for investigation – The Guardian

Posted March 12th, 2009 in news, prisons by sally

“Prison officers have demanded an inquiry after a recording of the voice of Britain’s most notorious prisoner was played at the premiere of a film based on his life.”

Full story

The Guardian, 11th March 2009

Source: www.guardian.co.uk

Web inventor warns against third-party internet snooping – The Guardian

Posted March 12th, 2009 in internet, news, privacy by sally

“Sir Tim Berners-Lee, the creator of the world wide web, today warned MPs and peers that they should not allow third parties, including commercial companies, to snoop on people’s internet browsing.”

Full story

The Guardian, 11th March 2009

Source: www.guardian.co.uk

Lettuce nose-stuffer avoids jail – BBC News

Posted March 12th, 2009 in food hygiene, news, public order, sentencing by sally

“A West Midlands sandwich bar worker who was prosecuted after footage of him stuffing lettuce up his nose appeared on YouTube has avoided a jail term.”

Full story

BBC News, 11th March 2009

Source: www.bbc.co.uk

Homeowner Kenneth Batchelor cleared of murder after shooting dead intruder – The Times

Posted March 12th, 2009 in murder, news, self-defence by sally

“A homeowner has been cleared of murder after he shot and killed a bodybuilder at point-blank range when he tried to break into his house.”

Full story

The Times, 11th March 2009

Source: www.timesonline.co.uk

The real story of Britain’s most famous hangman – The Independent

Posted March 12th, 2009 in death penalty, news by sally

“He is remembered as a man of principle. But secret papers unearthed by Cahal Milmo show that Albert Pierrepoint was in fact a money-grabbing fantasist.”

Full story

The Independent, 12th March 2009

Source: www.independent.co.uk

Abandoned jail and probation computer project cost £155m – The Guardian

Posted March 12th, 2009 in news, prisons, probation by sally

“An attempt to introduce a computer system for the prison and probation services that was abandoned after three years, after it had already cost £155m in public money, was last night labelled ‘a masterclass in sloppy project management’.”

Full story

The Guardian, 12th March 2009

Source: www.guardian.co.uk

Plans for more cuts to legal aid put families ‘at risk’ – The Times

Posted March 12th, 2009 in barristers, family courts, legal aid, news by sally

“Several hundred angry barristers met in London last weekend and another 250 joined the meeting by video link from throughout England and Wales. They endorsed a resolution warning that ‘the public interest demands that family legal aid is funded at a level which ensures quality advocacy for all clients; further cuts to the fund will put families (particularly vulnerable families) and children at grave risk’.”

Full story

The Times, 12th March 2009

Source: www.timesonline.co.uk

Jack Straw to probe internet libel law – The Times

Posted March 12th, 2009 in defamation, internet, news by sally

“Jack Straw is to examine the ‘chilling’ menace of internet libel which makes newspapers liable to legal action every time an article is downloaded from their websites.”

Full story

The Times, 11th March 2009

Source: www.timesonline.co.uk

Life term for drunken rage murder – BBC News

Posted March 12th, 2009 in murder, news, sentencing by sally

“An alcoholic who stabbed his partner 177 times at her home in Pembrokeshire will spend at least 18 years behind bars, a judge has ruled.”

Full story

BBC News, 11th March 2009

Source: www.bbc.co.uk