Red tape on stop and search to be cut – The Times

Posted January 31st, 2008 in news, stop and search by sally

“Form-filling by police officers who stop and search people on the streets is to be drastically reduced under plans to be announced next week to reduce the red tape in policing.”

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The Times, 31st January 2008

Source: www.timesonline.co.uk

Thousands are dodging community punishment by claiming ‘I overslept’ – Daily Telegraph

Posted January 31st, 2008 in community service, news by sally

“Thousands of offenders who fail to turn up for community punishments are avoiding being returned to court if they claim to have overslept or produce their own sick note, the public spending watchdog says today.”

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The Times, 31st January 2008

Source: www.timesonline.co.uk

Hilali v Governor of Whitemoor Prison and another – WLR Daily

Posted January 31st, 2008 in extradition, jurisdiction, law reports by sally

Hilali v Governor of Whitemoor Prison and another [2008] UKHL 3; [2008] WLR (D) 18

“In a case where there was a right of appeal under Pt 1 of the Extradition Act 2003 from a judge’s decision to make an extradition order, habeas corpus was excluded by s 34. To grant it on the ground of a fundamental change of circumstances would be contrary to the principle of mutual recognition given effect by the Act.”

WLR Daily, 30th January 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.

GAB Robins (UK) Ltd v Triggs – WLR Daily

Posted January 31st, 2008 in contract of employment, law reports, unfair dismissal by sally

GAB Robins (UK) Ltd v Triggs [2008] EWCA Civ 17; [2008] WLR (D) 17

“An employee who had been constructively dismissed was not entitled in proceedings for unfair dismissal to claim damages for the consequences prior to the dismissal of the employer’s repudiatory breach of the employment contract. It was the employee’s acceptance, by her resignation, of the employer’s repudiation of the contract which caused the dismissal, not the repudiatory conduct itself.”

WLR Daily, 30th January 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.

Boss Holdings Ltd v Grosvenor West End Properties and another – WLR Daily

Posted January 31st, 2008 in landlord & tenant, law reports by sally

Boss Holdings Ltd v Grosvenor West End Properties and another [2007] UKHL 5; [2008] WLR (D) 16

“A property which had been ‘designed … for living in’ when it was originally built, and which remained substantially so designed, was a ‘house’ within the meaning of s 2(1) of the Leasehold Reform Act 1967 regardless of whether it had subsequently become internally dilapidated and incapable of immediate residential occupation.”

WLR Daily, 30th January 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.

Disturbed patients refused help in squabble over cash – The Times

Posted January 31st, 2008 in mental health, news by sally

“The Mental Health Act Commission has found that practitioners are being told to delay sectioning people with urgent mental health needs until primary care trusts ascertain who should pay for their treatment.”

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The Times, 31st January 2008

Source: www.timesonline.co.uk

Churches, schools and charities braced for flood of claims after ruling on Lotto rapist, Iorworth Hoare – The Times

Posted January 31st, 2008 in damages, news, personal injuries, sexual offences, time limits by sally

“Thousands of victims of sexual abuse including a woman whose life was ruined by the so-called Lotto rapist are preparing to lodge compensation claims after a landmark ruling by Britain’s highest court yesterday.”

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The Times, 31st Janaury 2008

Source: www.timesonline.co.uk

Muslims ‘let down by race law’ – The Guardian

Posted January 31st, 2008 in Islam, news, religious discrimination by sally

“Anti-Muslim prejudice is dealt with less seriously than other forms of discrimination, a university study found.”

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The Guardian, 31st January 2008

Source: www.guardian.co.uk

Mother faces new fight to keep baby – The Independent

Posted January 31st, 2008 in children, mental health, news, social services by sally

“A teenage mother reunited with her newborn baby by a judge yesterday will today face a social services application to take the boy away again.”

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The Independent, 31st January 2008

Source: www.independent.co.uk

Jury to decide if mum threw away apple core – Daily Telegraph

Posted January 31st, 2008 in news, waste by sally

“A young mother-of-three is to be tried by a crown court jury after being accused of throwing an apple core from her car on to the pavement.”

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Daily Telegraph, 31st January 2008

Source: www.telegraph.co.uk

Disability rights ruling expected – BBC News

Posted January 31st, 2008 in disability discrimination, news by sally

“Rights in the workplace for millions of people, who care for relatives who are elderly or have disabilities, could be strengthened later.”

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BBC News, 31st January 2008

Source: www.bbc.co.uk

House of Lords Judgments: What’s new?

Posted January 31st, 2008 in law reports by sally

In Re Hilali (Respondent) (application for a writ of Habeas Corpus) [2008] UKHL 3 (30 January 2008)

In re Duffy (FC) (Appellant) (Northern Ireland) [2008] UKHL 4 (30 January 2008)

Boss Holdings Limited (Appellants) v Grosvenor West End Properties and others (Respondents) [2008] UKHL 5 (30 January 2008)

A (Appellant) v Hoare (Respondent), C (FC) (Appellant) v Middlesbrough Council (Respondents), X (FC) and another (FC) (Appellants) v London Borough of Wandsworth (Respondents) (Conjoined Appeals), H (FC) (Appellant v Suffolk County Council (Respondents),Young (FC) (Appellant) v Catholic Care (Diocese of Leeds) and others (Respondents) [2007] UKHL 6 (30 January 2008)

Source: www.parliament.uk

Aikens flags up Box Clever case as trial run for litigation reforms – Legal Week

Posted January 31st, 2008 in case management, Commercial Court, news by sally

“Senior commercial judge Mr Justice Aikens has earmarked the ongoing Box Clever dispute as a ‘guinea pig’ case, in which he will test the post-BCCI working party recommendations to streamline large-scale commercial litigation.”

Full story

Legal Week, 31st January 2008

Source: www.legalweek.com

A v Hoare X and Another v Wandsworth London Borough Council – Times Law Reports

Posted January 31st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and Another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Counci; Young v Catholic Care (Diocese of Leeds) and Another

House of Lords

“A claim for damages for personal injuries caused by a sexual assault had a limitation period of three years from the date when the victim first considered the injury sufficiently serious to justify proceedings but judges could extend that period if thought equitable.”

The Times, 31st Janaury 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. 

Sentencing Guidelines Newsletter – Sentencing Guidelines Council

Posted January 31st, 2008 in news, sentencing by sally

“The 8th edition of the Sentencing Guidelines newsletter provides practitioners with detailed information about sentences for all ranges of offences down to local court or youth offending team level.  It covers the period for 2002 to 2006 for adults and 2002 to the end of March 2007 for youths.”

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Sentencing Guidelines Council, 31st January 2008

Source: www.sentencing-guidelines.gov.uk

Related link: The Sentence (PDF)

Recent Statutory Instruments – OPSI

Posted January 30th, 2008 in legislation by sally

The Merchant Shipping (Liner Conferences) Act 1982 (Repeal) Regulations 2008

The William Parker School (Designation as having a Religious Character) Order 2008

The Grants to the Churches Conservation Trust Order 2008

The Representation of the People (Scotland) (Amendment) Regulations 2008

The Civil Aviation (Allocation of Scarce Capacity) Regulations 2007

The Legislative Reform (Health and Safety Executive) Order 2008

The Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008

The Social Security Benefits Up-rating Order 2008

The Scottish Parliament (Elections etc.) (Amendment) Order 2008

Source: www.opsi.gov.uk

Legal victory for child abuse man – BBC News

Posted January 30th, 2008 in news, sexual offences, time limits by sally

“A North Yorkshire man who suffered sexual abuse as a child has won the right to sue his tormentors in a landmark ruling by Law Lords.”

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BBC News, 30th January 2008

Source: www.bbc.co.uk

Archbishop of Canterbury calls for new law to punish ‘thoughtless or cruel’ words – The Times

Posted January 30th, 2008 in blasphemy, freedom of expression, inciting religious hatred, news by sally

“The Archbishop of Canterbury, Dr Rowan Williams, has called for new laws to protect religious sensibilities that would punish ‘thoughtless and cruel’ styles of speaking.”

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The Times, 29th January 2008

Source: www.timesonline.co.uk

Brothel manager escapes jail term – BBC News

Posted January 30th, 2008 in news, prostitution, sentencing by sally

“A woman who ran four brothels has escaped a jail term after a judge ruled that ‘no-one was harmed’.”

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BBC News, 30th Janaury 2008

Source: www.bbc.co.uk

Confidence down for first time in six years – poll – Legal Week

Posted January 30th, 2008 in news by sally

“UK lawyers are more downbeat about the future of their businesses than at any time in the last six years, according to new research from accountancy firm Smith & Williamson.”

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Legal Week, 30th January 2008

Source: www.legalweek.com