Current Awareness

“It was irrational for the Secretary of State for the Home Department to rely on a discretionary policy relating to settlement entry for Gurkha veterans where that discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors.”

The Times, 7th 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.

Smith orders police race review – BBC News

Posted October 7th, 2008 in news, police, race discrimination by sally

“Home Secretary Jacqui Smith has announced an assessment of how ethnic minority officers are treated in police forces throughout England and Wales.”

Full story

BBC News, 6th October 2008

Source: www.bbc.co.uk

Women make breakthrough to High Court bench – The Times

Posted October 7th, 2008 in judiciary, news, women by sally

“Women are finally breaking through the glass ceiling of senior judicial appointments.”

Full story

The Times, 7th October 2008

Source: www.timesonline.co.uk

‘Crippled’ prisons risk violence – BBC News

Posted October 7th, 2008 in news, prisons by sally

“The president of the Prison Governors Association is to warn of a ‘serious risk’ of disturbances in jails because of a shortage of resources.”

Full story

BBC News, 7th October 2008

Source: www.bbc.co.uk

Sacked gardener cleared of poisoning judge’s lawn – The Guardian

Posted October 7th, 2008 in criminal damage, news by sally

“A country gardener has been cleared of poisoning a retired high court judge’s lawn after being sacked following a long-running feud with the judge’s horticulturist wife.”

Full story

The Guardian, 6th October 2008

Source: www.guardian.co.uk

Grandmother jailed for smuggling cocaine worth £1m into UK – The Guardian

Posted October 6th, 2008 in drug trafficking, news, sentencing by sally

“A grandmother who smuggled cocaine worth £1m into the UK in her mobility vehicle was today jailed along with her daughter for 13 years.”

Full story

The Guardian, 6th October 2008

Source: www.guardian.co.uk

Law Society regulatory powers – views sought on draft Order – Ministry of Justice

Posted October 6th, 2008 in news, solicitors by sally

“The Ministry of Justice is seeking views on a draft order amending the Law Society’s regulatory powers.”

Full story

Ministry of Justice, 6th October 2008

Source: www.justice.gov.uk

Recent Statutory Instruments – OPSI

Posted October 6th, 2008 in legislation by sally

The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008

The Judicial Appointments Order 2008

The Immigration and Nationality (Fees) (Amendment No. 3) Regulations 2008

The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (Commencement No. 1) Order of Council 2008

The Nursing and Midwifery Council (Constitution) Order 2008

The General Medical Council (Constitution) Order 2008

The Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) (Amendment) Order 2008

The National Information Governance Board Regulations 2008

The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008

The Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008

The Social Fund Cold Weather Payments (General) Amendment Regulations 2008

Source: www.opsi.gov.uk

Former goalkeeper Luke McCormick given seven years for fatal car crash – The Guardian

Posted October 6th, 2008 in alcohol abuse, dangerous driving, news, sentencing by sally

“A former Championship goalkeeper was today jailed for seven years and four months after admitting killing two young brothers while driving dangerously at twice the legal alcohol limit.”

Full story

The Guardian, 6th October 2008

Source: www.guardian.co.uk

‘Modern Ripper’ jailed for life – BBC News

Posted October 6th, 2008 in murder, news, sentencing, sexual offences by sally

“A serial sex attacker convicted of killing two mothers whose bodies have never been found has been jailed for life at the Old Bailey.”

Full story

BBC News, 6th October 2008

Source: www.bbc.co.uk

Criminal Procedure (Amendment) Rules 2008 come into force – Ministry of Justice

Posted October 6th, 2008 in criminal procedure, news by sally

“The Criminal Procedure Rule Committee has made amendments to the Criminal Procedure Rules, which will come into force from today (6 October 2008).”

Full story

Ministry of Justice, 6th October 2008

Source: www.justice.gov.uk

Gomez and others v Gomez-Vives and others – WLR Daily

Posted October 6th, 2008 in breach of trust, conflict of laws, EC law, jurisdiction, law reports by sally

Gomez and others v Gomez-Vives and others [2008] EWCA Civ 1065; [2008] WLR (D) 305

“The fact that a trust was expressed to be subject to English law might not be conclusive to establish its domicile in England but it was very difficult to see what other circumstances would be sufficient to outweigh it.”

WLR Daily, 3rd 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.

R (Limbu and Others) v Secretary of State for the Home Department and Others – WLR Daily

Posted October 6th, 2008 in armed forces, Gurkhas, immigration, law reports by sally

R (Limbu and Others) v Secretary of State for the Home Department and Others; [2008] WLR (D) 304

“It was irrational for the Home Secretary to rely on the discretionary policy relating to settlement entry for Gurkha veterans where discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors.”

WLR Daily, 3rd 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.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – Times Law Reports

Posted October 6th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc)

Court of Appeal

“A mortgage lender who instructed a surveyor to value a property as security, was entitled to damages from the surveyor for the losses suffered after the borrower defaulted on the loan, and it was discovered that the wrong property had been valued in breach of an unqualified obligation to inspect the particular property.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

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

Donaldson v O’Sullivan (Official Receiver intervening) – Times Law Reports

Posted October 6th, 2008 in law reports, trustees in bankruptcy by sally

Donaldson v O’Sullivan (Official Receiver intervening)

Court of Appeal

“The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from that office under section 298 of that Act, without a creditors’ meeting.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

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

Regina (St Helens Borough Council) v Manchester Primary Care Trust and Another – Times Law Reports

Posted October 6th, 2008 in health, judicial review, law reports, social services by sally

Regina (St Helens Borough Council) v Manchester Primary Care Trust and Another

Court of Appeal

“The decision whether the care needs of a woman who required constant and expensive care should be met by the health service or by social services was one for the primary care trust acting on behalf of the Secretary of State for Health. That decision was capable of challenge by judicial review, but the social services authority did not have the power to reach its own decision.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

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

Britain decides against a new lower limit for drink-driving – The Times

Posted October 6th, 2008 in alcohol abuse, news, road traffic offences by sally

“Britain is to become the only European country that allows motorists to have at least one alcoholic drink and still be legally fit to drive.”

Full story

The Times, 6th October 2008

Source: www.timesonline.co.uk