Reforming insurance contract law: two summaries of responses to consultation – Law Commission

Posted October 14th, 2008 in consultations, contracts, insurance, news by sally

“On 13 October 2008, the Law Commissions published a summary of responses on business insurance reform.”

Full story

Law Commission, 13th October 2008

Source: www.lawcom.gov.uk

Working with the third sector to reduce reoffending – Ministry of Justice

Posted October 14th, 2008 in news, recidivists, voluntary organisations by sally

“The Ministry of Justice and the National Offender Management Service have announced their commitment to further improve partnership work with the voluntary and community sector.”

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Ministry of Justice, 13th October 2008

Source: www.justice.gov.uk

Home Office preps fudgetastic ISP data rules – The Register

Posted October 14th, 2008 in data protection, internet, news by sally

“A Home Office official has baffled ISPs by telling them new laws will on paper require them all to retain data, but in practice some probably won’t be forced to because it could cost the government too much money.”

Full story

The Register, 13th October 2008

Source: www.theregister.co.uk

R (Saunders) v Independent Police Complaints Commission and another; R (Tucker) v Independent Police Complaints Commission and another – WLR Daily

Posted October 14th, 2008 in complaints, firearms, judicial review, law reports, police by sally

R (Saunders) v Independent Police Complaints Commission and another; R (Tucker) v Independent Police Complaints Commission and another; [2008] WLR (D) 315

“The Independent Police Complaints Commission did not act incompatibly with Convention rights in not giving a direction to chief officers to prohibit conferring between officers following a fatal shooting by police officers.”

WLR Daily, 13th October 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.

Hammersmith and Fulham London Borough Council v Food City Express Ltd – WLR Daily

Posted October 14th, 2008 in law reports, licensing, magistrates by sally

Hammersmith and Fulham London Borough Council v Food City Express Ltd; [2008] WLR (D) 314

“On an appeal against a decision of a licensing authority on a point of procedure a magistrates’ court may not displace a lawful decision and remit the case on the basis that the authority’s discretion should have been exercised differently.”

WLR Daily, 13th October 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.

Regina (C) v Secretary of State for Justice – Times Law Reports

Regina (C) v Secretary of State for Justice

Court of Appeal

“Secondary legislation laid before Parliament three weeks after a report sent by the Youth Justice Board to the directors of privatised secure training centres holding children, following two deaths in custody, was quashed as procedurally flawed and in breach of the European Convention on Human Rights.”

The Times, 14th October 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.

Fertility reform held up by MPs, says watchdog – The Guardian

Posted October 14th, 2008 in abortion, embryology, news by sally

“Plans to overhaul Britain’s fertility laws have been held up by political squabbling over abortion rights, the head of the country’s fertility watchdog said yesterday.”

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The Guardian, 14th October 2008

Source: www.guardian.co.uk

An end to the free ride against legal aid opponents – The Times

Posted October 14th, 2008 in news, pro bono work by sally

“It may have been heralded with a champagne reception at Coutts attended by the legal great and the good but the launch last week of the Access to Justice Foundation had little to do with the world of high finance.”

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The Times, 14th October 2008

Source: www.timesonline.co.uk

Mother was seduced by 14-year-old boy, says judge – Daily Telegraph

Posted October 14th, 2008 in children, drug offences, news, sentencing, sexual offences by sally

“A judge allowed a mother who had sex with a 14-year-old boy to walk free, saying that the boy seduced her.”

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Daily Telegraph, 14th October 2008

Source: www.telegraph.co.uk

Tory candidate spared jail for ‘vile’ hate campaign against rivals – The Guardian

Posted October 14th, 2008 in criminal damage, harassment, news, political parties, sentencing by sally

“A former Tory prospective parliamentary candidate today escaped a jail sentence after mounting a vicious hate campaign against political rivals in his constituency.”

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The Guardian, 13th October 2008

Source: www.guardian.co.uk

One in ten tribunal awards ‘ignored by rogue employers’ – The Times

Posted October 14th, 2008 in employment, news, tribunals by sally

“About 1,500 people who win tribunal claims each year over their treatment in the workplace do not receive their awards because of a flaw in the system, a report concludes.”

Full story

The Times, 14th October 2008

Source: www.timesonline.co.uk

Call for ban on primates as pets – BBC News

Posted October 14th, 2008 in animals, news by sally

“A loophole in animal welfare laws that allows primates to be kept as household pets should be closed, an MP has urged.”

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BBC News, 13th October 2008

Source: www.bbc.co.uk

Commons Speaker to investigate Ecclestone affair – The Guardian

Posted October 14th, 2008 in news, parliament by sally

“Commons Speaker Michael Martin is to investigate reports that former prime minister Tony Blair ‘deliberately misled’ parliament, he said today.”

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The Guardian, 13th October 2008

Source: www.guardian.co.uk

Falconer leads assault on 42-day plan – The Guardian

Posted October 14th, 2008 in detention, news, terrorism by sally

“Tony Blair’s former lord chancellor, Lord Falconer, yesterday dismissed as ‘fanciful’ the government’s argument that the fight against terrorism would be assisted by extending to 42 days the maximum period a suspect can be detained without charge. Leading a cross-party assault on the plan in the House of Lords, which last night overwhelmingly rejected the measure by 309 votes to 118, Falconer said he had decided to vote against his government with a ‘heavy heart’.”

Full story

The Guardian, 14th October 2008

Source: www.guardian.co.uk

House of Lords deals fatal blow to 42-day terror detention plans – The Times

Posted October 14th, 2008 in detention, news, terrorism by sally

“Plans to give police up to 42 days to question terrorism suspects were crushed by the House of Lords last night, halting a three-year, high-wire political battle begun in the aftermath of the 7/7 bombings.”

Full story

The Times, 14th October 2008

Source: www.timesonline.co.uk

Counter Terrorism Bill Debate (Video)

Posted October 13th, 2008 in news, parliament, terrorism by sally

Watch the Lords debate the Counter-Terrorism Bill

Link to video

Source: www.parliament.uk

New penalties for cannabis users announced – The Guardian

Posted October 13th, 2008 in drug offences, news by sally

“Cannabis users face new penalties when the drug is upgraded to class B from January next year, the home secretary said today.”

Full story

The Guardian, 13th October 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted October 13th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Velev, R v [2008] EWCA Crim 2162 (12 September 2008)

Thomas, R v [2008] EWCA Crim 2151 (18 September 2008)

Saldana, R v [2008] EWCA Crim 2154 (23 September 2008)

Belaid, R v [2008] EWCA Crim 2153 (23 September 2008)

Court of Appeal (Civil Division)

KS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1080 (24 September 2008)

Deutsche Bank AG & Ors v Asia Pacific Broadband Wireless Communications Inc & Anor [2008] EWCA Civ 1091 (13 October 2008)

High Court (Chancery Division)

Tower MCashback LLP 1 & Anor v HM Revenue & Customs [2008] EWHC 2387 (Ch) (13 October 2008)

High Court (Queen’s Bench Division)

Mahdi & Ors v Al-Habi & Ors [2008] EWHC 2374 (QB) (09 September 2008)

High Court (Administrative Court)

Capel Parish Council, R (on the application of) v Surrey County Council [2008] EWHC 2364 (Admin) (5 September 2008)

P, R (on the application of) v Haringey London Borough Council [2008] EWHC 2357 (Admin) (15 September 2008)

Kennedy, R (on the application of) v Able UK Ltd (Health & Safety Executive of) [2008] EWHC 2313 (Admin) (29 September 2008)

Edwards, R (on the application of) v Criminal Cases Review Commission [2008] EWHC 2389 (Admin) (13 October 2008)

High Court (Commercial Court)

Equitas Ltd & Anor v Horace Holman & Company Ltd & Anor [2008] EWHC 2287 (Comm) (3 October 2008)

High Court (Technology and Construction Court)

Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd & Anor [2008] EWHC 2379 (TCC) (10 October 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted October 13th, 2008 in legislation by sally

The Sustainable Communities Regulations 2008

The Landfill Tax (Material from Contaminated Land) (Phasing out of Exemption) Order 2008

The European Single Currency (Taxes) (Amendment) Regulations 2008

The Child Maintenance and Other Payments Act 2008 (Commencement No. 4 and Transitional Provision) Order 2008

The Special Educational Needs (Information) Act 2008 (Commencement) Order 2008

Source: www.opsi.gov.uk

Menezes officer changed evidence – BBC News

Posted October 13th, 2008 in firearms, inquests, news, police by sally

“An investigation has begun after a senior officer admitted changing evidence during the inquest into the death of Jean Charles de Menezes.”

Full story

BBC News, 13th October 2008

Source: www.bbc.co.uk