Recent Statutory Instruments – OPSI

Posted February 7th, 2008 in legislation by sally

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2008

The Rating Lists (Valuation Date) (England) Order 2008

The Crown Agents Holding and Realisation Board (Prescribed Day) Order 2008The Offender Management Act 2007 (Consequential Amendments) Order 2008

The Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008

Source: www.opsi.gov.uk

Man accused of raping girl after fleeing secure hospital – The Guardian

Posted February 7th, 2008 in mental health, news, rape by sally

“A major investigation was under way yesterday after a man was accused of escaping from a secure mental health unit and raping a schoolgirl.”

Full story

The Guardian, 7th February 2008

Source: www.guardian.co.uk

R (G) v Chief Constable of West Yorkshire Police – WLR Daily

Posted February 7th, 2008 in detention, law reports, police by sally

R (G) v Chief Constable of West Yorkshire Police [2008] EWCA Civ 28; [2008] WLR (D) 35

“A custody officer who had determined that he had sufficient evidence to charge a suspect with the offence for which he had been arrested had no power to detain the suspect in custody for the purpose of enabling a Crown Prosecutor to decide whether or not the suspect should be charged.”

WLR Daily, 6th February 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.

Pilecki v Circuit Court of Legnica, Poland – WLR Daily

Posted February 7th, 2008 in extradition, law reports, sentencing by sally

Pilecki v Circuit Court of Legnica, Poland [2008] UKHL 7; [2008] WLR (D) 34

“The judge, in considering the making of an extradition order under a European arrest warrant in a conviction case where the sentences had been aggregated, was not concerned with the lengths of the individual sentences; it sufficed if the aggregate sentence was of at least four months.”

WLR Daily, 6th February 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.

Maye v Director of Public Prosecutions in Northern Ireland – WLR Daily

Posted February 7th, 2008 in law reports, proceeds of crime by sally

Maye v Director of Public Prosecutions in Northern Ireland [2008] UKHL 9; [2008] WLR (D) 33

“The appellant’s interest in his parents’ unadministered estates and an action by him for damages for false imprisonment were ‘things in action’ and so ‘property’ within the definition in art 3(1) of the Proceeds of Crime (Northern Ireland) Order 1996.”

WLR Daily, 6th February 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.

Majorstake Ltd v Curtis – WLR Daily

Posted February 7th, 2008 in landlord & tenant, law reports by sally

Majorstake Ltd v Curtis [2008] UKHL 10; [2008] WLR (D) 32

“For the purposes of s 47(2) of the Leasehold Reform, Housing and Urban Development Act 1993 ‘the premises’ in which a flat was contained was an objectively recognisable space which a visitor would regard as the premises. The combination of the tenant’s flat and the flat immediately below it in a block of 50 flats on nine floors did not comprise “the premises” in which the tenant’s flat was contained. The landlord’s proposal to redevelop the two flats into a single unit could not therefore defeat the tenant’s right to acquire a new lease.”

WLR Daily, 6th February 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 v Clarke; R v McDaid – WLR Daily

Posted February 7th, 2008 in indictments, law reports by sally

R v Clarke; R v McDaid [2008] UKHL 8; [2008] WLR (D) 31

“Where for most of a criminal trial there had been no signed indictment the proceedings had been invalid.”

WLR Daily, 6th February 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 Airbase (UK) Ltd; In re Airbase International Services Ltd – WLR Daily

Posted February 7th, 2008 in floating charges, insolvency, law reports by sally

In re Airbase (UK) Ltd; In re Airbase International Services Ltd [2008] EWHC 124 (Ch); [2008] WLR (D) 30

“The provisions of s 176A of the Insolvency Act 1986, which dealt with floating charges relating to property of a company that was, inter alia, in administration, excluded from participation in any distribution from the ‘prescribed part’ of a company’s net property, as defined in s 176A(6) of the Act, secured creditors who had unsecured debts due to a shortfall in the value of their security.”

WLR Daily, 6th February 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.

Fraud and white-collar crime: Fees, fraud and angry lawyers – Legal Week

Posted February 7th, 2008 in barristers, fees, fraud, news by sally

“Government proposals to cut the cost of complex fraud cases have resulted in a stand-off between barristers and the Legal Services Commission. Reduced fees could mean the quality of representation in complex fraud cases will plummet, as law firms and barristers desert the practice. Jon Robins reports.”

Full story

Legal Week, 7th February 2008

Source: www.legalweek.com

Jail for child porn ex-policeman – BBC News

Posted February 7th, 2008 in children, internet, pornography, sentencing by sally

“A retired Metropolitan Police officer has been sentenced to three years in prison for distributing 1,863 indecent images of children on the internet.”

Full story

BBC News, 6th February 2008
Source: www.bbc.co.uk

MPs’ anger over jury ban plans – BBC News

Posted February 7th, 2008 in inquests, juries, news by sally

“Government plans to give the home secretary powers to remove juries from some inquests are ‘astonishing’, an influential group of MPs says.”

Full story

BBC News, 7th February 2008
Source: www.bbc.co.uk

Youth games exclusion ‘unlawful’ – BBC News

Posted February 7th, 2008 in disability discrimination, news, sport by sally

“Children with learning disabilities will no longer be left out of the UK schools’ equivalent of the Olympics after a threat of legal action.”

Full story

BBC News, 7th February 2008
Source: www.bbc.co.uk

Regins v Clarke Regina v McDaid – Times Law Reports

Posted February 7th, 2008 in indictments, law reports by sally

Regina v Clarke; Regina v McDaid

House of Lords

“Where there had been no signed indictment during most of a criminal trial, the proceedings were invalid.”

The Times, 7th February 2008

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.

Bendy bus woman makes £500K claim – BBC News

Posted February 7th, 2008 in damages, news, personal injuries by sally

“A woman who suffered ‘catastrophic’ brain damage after she was hit by a bendy bus could receive more than £500,000 in damages.”

Full story

BBC News, 6th February 2008

Source: www.bbc.co.uk

Intelligence services demand veto on use of bugging evidence – The Independent

Posted February 7th, 2008 in evidence, intelligence services, interception, news, veto by sally

“The use of intercept evidence in court for the first time could be stalled by demands from the intelligence services for a right of veto over the use of the transcripts from their secret bugging operations. The CIA is also unhappy that its intercepted phone calls or conversations between suspected terrorists could be produced in British courts.”

Full story

The Independent, 7th February 2008

Source: www.independent.co.uk

Court delivers justice by mobile phone – The Guardian

Posted February 7th, 2008 in news, telephone hearings by sally

“Britain’s courts took another step yesterday towards ditching the law’s reputation for delay, when a judge agreed to hear a case by mobile phone. The unexpected illness of a woman charged with money-laundering led to the pioneering step, which avoided a costly adjournment of the brief proceedings.”

Full story

The Guardian, 7th February 2008

Source: www.guardian.co.uk

So few women are in the High Court – Daily Telegraph

Posted February 7th, 2008 in judiciary, minorities, women by sally

“Dame Heather Hallett of the Judicial Appointments Commission says it is trying hard to encourage diversity, but progress is slow.”

Full story

Daily Telegraph, 7th February 2008

Source: www.telegraph.co.uk

More than half of 13-year-olds have drunk alcohol, says home secretary – The Guardian

Posted February 7th, 2008 in alcohol abuse, children, news by sally

“The majority of Britain’s 13-year-olds have drunk alcohol, marking a worrying ‘tipping point’ for underage drinking, the home secretary, Jacqui Smith, warned yesterday as she promised to step up enforcement action.”

Full story

The Guardian, 7th February 2008

Source: www.guardian.co.uk

City may dispute casino decision – BBC News

Posted February 7th, 2008 in gambling, news by sally

“Manchester officials have said they will consider a legal challenge if a government decision to axe the city’s planned super-casino is confirmed.”

Full story

BBC News, 7th February 2008

Source: www.bbc.co.uk

Civilians ‘could do many police jobs better’ – The Independent

Posted February 7th, 2008 in news, police by sally

“A review of the future of policing suggests that many police duties would be performed better by civilians, it was reported today.”

Full story

The Independent, 7th February 2008

Source: www.independent.co.uk