JAC makes first two High Court appointments – Legal Week

Posted September 6th, 2007 in judges, judicial appointments commission, news by sally

“The first High Court judges to be appointed under the new Judicial Appointments Commission (JAC) selection process were announced today (6 September) by Justice Secretary Jack Straw.”

Full story

Legal Week, 6th September 2007

Source: www.legalweek.com

Recent Statutory Instruments – OPSI

Posted September 6th, 2007 in legislation by sally

The Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment No.2) Order 2007

The National Park Authorities’ Traffic Orders (Procedure) (England) Regulations 2007

The Natural Environment and Rural Communities Act 2006 (Commencement No. 1) (England) Order 2007

The Independent Living Fund (2006) Order 2007

The Insolvency (Scotland) Amendment Rules 2007

 Source: www.opsi.gov.uk

The debt claim process: helping people in debt to engage with the problem – Ministry of Justice

Posted September 6th, 2007 in consultations, debts by sally

“This consultation paper seeks views on options for encouraging debtor engagement and consequential possible streamlining of procedures for dealing with non-defended debt claims. It will help to inform any proposed changes on handling debt problems in England and Wales.”

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Ministry of Justice, 5th September 2007

Source: www.justice.gov.uk 

Regina v Montgomery – Times Law Report

Posted September 6th, 2007 in escape from custody, law reports, prisons by sally

Prisoner failing to return is not an escaper

Regina v Montgomery

Court of Appeal (Criminal Division)

“Where a prisoner who was on temporary release from prison failed to return to prison at the expiry of his release period, he could not be said to have escaped from custody and could not therefore be guilty of the common-law offence of escape from custody.”

The Times, 6th September 2007

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. 

Regina v Ukpabio – Times Law Reports

Posted September 6th, 2007 in law reports, live link evidence by sally

Court has common-law power to let accused appear by video link

Regina v Ukpabio

Court of Appeal (Criminal Division)

“The court had no power outside the statutory provisions of the Youth Justice and Criminal Evidence Act 1999 to direct that an accused could give evidence at his trial by live video link; however, in exceptional circumstances where it was appropriate for the defendant not to be present in court, it did have power to direct that he could participate in his trial by other means such as live video link.”

The Times, 6th September 2007

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. 

UK firms poised to reap rewards of class action litigation upswing – Legal Week

Posted September 6th, 2007 in class actions, consumer protection, news by sally

“The UK legal community is united in the belief that US-style class action litigation is set to take off throughout Europe, with product liability cited as a key growth sector. Claire Ruckin reports on the results of the latest Big Question survey.”

Full story

Legal Week, 6th September 2007

Source: www.legalweek.com

HR professionals criticise equality law overhaul – OUT-LAW.com

Posted September 6th, 2007 in equality, news by sally

“Proposed equality legislation is not clear enough for UK employers to follow and will not result in a more diverse workplace, according to the human resources professional body. The new laws will result in ‘box ticking’, the body said.”

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OUT-LAW.com, 5th September 2007
Source: www.out-law.com

HSBC back in court over £5m gay claim – The Times

Posted September 6th, 2007 in news, sexual orientation discrimination by sally

“HSBC is due back in court tomorrow to face the latest round in a £5 million discrimination claim brought by a gay former high-flyer.”

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The Times, 5th September 2007

Source: www.timesonline.co.uk

Cohabitation laws too expensive, says Haworth & Nutall – The Lawyer

Posted September 6th, 2007 in cohabitation, news by sally

“Blackburn-based firm Haworth & Nuttall has claimed that changes to cohabitation laws will ‘fall at the first hurdle’ due to extra costs.”

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The Lawyer, 5th September 2007

Source: www.thelawyer.com 

Police want gun witness anonymity – BBC News

Posted September 6th, 2007 in anonymity, firearms, news, witnesses by sally

“Witnesses to gun crime should be given a guarantee they will not be identified in court, police chiefs say.”

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BBC News, 6th September 2007

Source: www.bbc.co.uk

Watchdog ends ban on part-human part-animal embryo research – The Guardian

Posted September 6th, 2007 in embryology, news by sally

“British stem cell scientists celebrated the end of a lengthy battle to create embryos which are part-human and part-animal yesterday after the research was approved by the government’s fertility watchdog.”

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The Guardian, 6th September 2007

Source: www.guardian.co.uk

Depressed judge leapt to his death from flat – The Times

Posted September 6th, 2007 in inquests, judges, news by sally

“A judge killed himself by jumping 50ft from his third-floor apartment because he was suffering from depression and anxiety – induced partly by drugs that were prescribed for his high blood pressure, an inquest was told yesterday.”

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The Times, 6th September 2007

Source: www.timesonline.co.uk

Women climb career ladder faster – but are paid less for doing same job – The Times

Posted September 5th, 2007 in equal pay, news, women by sally

“Women are beating men up the career ladder but are still being paid less and getting smaller bonuses for doing similar work.”

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The Times, 5th September 2007

Source: www.timesonline.co.uk

Regina v Cottrell; Regina v Fletcher – Times Law Reports

Posted September 5th, 2007 in appeals, Criminal Cases Review Commission, law reports by sally

Change-of-law appeals should not be referred

Regina v Cottrell; Regina v Fletcher

Court of Appeal (Criminal Division)

“Where the Court of Appeal, Criminal Division, would not normally extend time in which to renew an application for leave to appeal against conviction on the basis of a change in the law, the Criminal Cases Review Commission should not normally refer a conviction.”

The Times, 5th September 2007

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.

Regina (A) v Secretary of State for the Home Department – Times Law Reports

Posted September 5th, 2007 in asylum, deportation, detention, law reports by sally

Continued detention of failed asylum-seeker is lawful

Regina (A) v Secretary of State for the Home Department

Court of Appeal

“The continued detention, pending deportation, of a failed asylum-seeker after the end of a term of imprisonment because the safety of the public would be at risk and there was a high risk that he would abscond, was not unlawful.”

The Times, 5th September 2007

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.

Recent Statutory Instruments – OPSI

Posted September 5th, 2007 in legislation by sally

The Financial Assistance Scheme (Halting Annuitisation) Regulations 2007

The Social Security (Contributions) (Amendment No. 8 ) Regulations 2007

The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007

The Hallmarking Act 1973 (Exemption) (Amendment No. 2) Order 2007

The Manufactured Interest (Tax) Regulations 2007

The Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2007

The Sale and Repurchase of Securities (Modification of Enactments) Regulations 2007

The Sale and Repurchase of Securities (Modification of Schedule 13 to the Finance Act 2007) Regulations 2007

The Sale and Repurchase of Securities (Amendment of Instruments) Order 2007

The Finance Act 2007 (Schedules 13 and 14) Order 2007

Source: www.opsi.gov.uk

Privacy guidance explains when DVLA can share car owner’s details – OUT-LAW.com

“The Driver and Vehicle Licensing Agency (DVLA) may pass on individuals’ personal details if there is good reason, such as the prevention or detection of crime, according to guidance published today by the Information Commissioner’s Office (ICO).”

Full story

OUT-LAW.com, 4th September 2007

Source: www.out-law.com

Put everyone on DNA database, says judge – Daily Telegraph

Posted September 5th, 2007 in DNA, news by sally

“A senior appeal court judge has called for a national DNA database recording everyone living in or entering the country.”

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Daily Telegraph, 5th September 2007

Source: www.telegraph.co.uk

Parents must keep barred pupils at home – The Guardian

Posted September 5th, 2007 in news, school exclusions by sally

“Parents whose children are suspended from school because of bad behaviour will be required to keep them indoors or face fines of up to £1,000. Laws coming into force this week will compel parents to put excluded pupils under home detention and prevent them from roaming the streets during the first five days of an exclusion order.”

Full story

The Guardian, 5th September 2007

Source: www.guardian.co.uk

Magistrates discharge student who rested feet on train seat – The Guardian

Posted September 5th, 2007 in byelaws, news, railways by sally

“A railway company was rebuked by magistrates yesterday as they gave a student an absolute discharge for resting her feet on a train seat.”

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The Guardian, 5th September 2007

Source: www.guardian.co.uk