R v Harries – Times Law Reports

Posted July 9th, 2007 in law reports by sally

Care needed in drafting

R v. Harries

Court of Appeal (Criminal Division)

“Where an offence was committed over two or more days which straddled the coming into force of the dangerous offender provisions, a term of imprisonment for public protection should not be imposed where it was not clear when the offence was actually committed.”

The Times, 9th July 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   

R (Niazi) v Secretary of State for the Home Department – Times Law Reports

Posted July 9th, 2007 in compensation, law reports, miscarriage of justice by sally

Compensation scheme withdrawal is lawful

R (Niazi) v. Secretary of State for the Home Department

Queen’s Bench Division

“The withdrawal, without notice or consultation, of the ex gratia scheme for compensation for miscarriages of justice was not unlawful.”

 The Times, 9th July 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   

Client hospitality comes under the spotlight in Bar standards review – Legal week

Posted July 9th, 2007 in barristers, news by sally

“Bar Standards Board unveils “blush test” as key plank of new guidance on chambers hospitality as senior Bar figures say the regulator has managed a deft balancing act.”

Full story

Legal Week, 5th July 2007

Source: www.legalweek.com

Review of Part 6 of the Civil Procedure Rules: service of documents – Ministry of Justice

Posted July 9th, 2007 in civil procedure rules, consultations, service by sally

“This consultation paper seeks views on proposals to simplify the rules in Part 6 of the Civil Procedure Rules 1998 on service of documents within the jurisdiction and for service out of the jurisdiction.”

 Review of  Part 6 of the Civil Procedure Rules: service of documents

Ministry of Justice, 9th July 2007 

Source: www.justice.gov.uk

MP bids to lift secrecy in family courts – The Daily Telegraph

Posted July 9th, 2007 in adoption, family courts, news by sally

“A legal bid to lift the secrecy surrounding children taken from parents and put up for adoption has been launched by an MP.”

Full story

The Daily Telegraph, 7th July 2007

Source: www.telegraph.co.uk

City lawyer in age-discrimination battle – The Times

Posted July 9th, 2007 in age discrimination, news by sally

“One of the legal world’s most eagerly awaited spectacles for years is to start at an employment tribunal today when a senior City lawyer accuses his former partners of age discrimination. Peter Bloxham, the 54-year-old former head of restructuring for Freshfields Bruckhaus Deringer, will take the stand at the London Central Employment Tribunal to give evidence against former colleagues in the elite City of London law firm.”

Full story

The Times, 9th July 2007

Source: www.timesonline.co.uk

Synod agrees deal over discipline to head off church rift over gay clergy – The Guardian

Posted July 9th, 2007 in Church of England, news by sally

“The Church of England yesterday bowed to pleas from two archbishops to help draw up a disciplinary covenant for the worldwide Anglican communion, despite fears that it will led to the expulsion of liberal believers.”

Full story

The Guardian, 9th July 2007

Source: www.guardian.co.uk

Ethnic minority firms challenge Straw in High Court over legal aid – The Guardian

Posted July 9th, 2007 in law firms, legal aid, minorities, news by sally

“Jack Straw will face his first court challenge as Lord Chancellor next week when the Law Society, the Commission for Racial Equality and  ethnic minority lawyers go to the High Court to try to halt the government’s controversial shake-up of legal aid.”

Full story

The Guardian, 9th July 2007

Source: www.guardian.co.uk

Veteran sues over NHS’s refusal to pay for eye drugs – The Independent

Posted July 9th, 2007 in medicines, news by sally

“A pensioner aged 84 is suing an NHS trust over its refusal to pay for drugs to save his sight in the first such case to be backed by Britain’s leading charity for the blind.”

Full story

The Independent, 9th July 2007

Source: www.independent.co.uk

ISP told to block file-sharing in landmark case – OUT-LAW.com

Posted July 6th, 2007 in copyright, EC law, internet by michael

“An internet service provider in Belgium must screen traffic for music piracy, a court has ruled in a decision which overturns conventional thinking on how two major European directives relate to one another.”

Full story

OUT-LAW.com, 6th July 2007

Source: www.out-law.com

House of Lords Judgments: What’s new?

Posted July 6th, 2007 in law reports by michael

Lonsdale (t/a Lonsdale Agencies) (Appellant) v. Howard & Hallam Limited (Respondents)

Seal (FC) (Appellant) v. Chief Constable of South Wales Police (Respondent)

Source: www.parliament.uk

CPS has ‘all evidence it needs’ in honours case – The Guardian

Posted July 6th, 2007 in news, peerages & dignities by michael

“The Crown Prosecution Service said today it had ‘all the evidence we need to make a decision’ on whether to bring charges in the cash-for-honours affair.”

Full story

Guardian, 6th July 2007

Source: www.guardian.co.uk

Ellis v Bristol City Council – WLR Daily

Posted July 6th, 2007 in codes of practice, health & safety, law reports by michael

Ellis v Bristol City Council [2007] EWCA Civ 685

“The Code of Practice issued by the Health and Safety Commission was aimed to give guidance to the construction of health and safety regulations; a judge in construing the meaning of a regulation, should have regard to its meaning and purpose, any relevant judicial authority and also the Code of Practice when considering whether a place of work was unsafe for the employees working there.”

 WLR Daily, 6th July 2007

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Abdirahman v. Secretary of State for Work and Pensions – WLR Daily

Posted July 6th, 2007 in law reports, social security by michael

Abdirahman v Secretary of State for Work and Pensions: Abdirahman v Leicester City Council and another: Ullusow v Secretary of State for Work and Pensions

“When considering applications made by EU and EEA nationals living in the United Kingdom for social security benefits who were neither economically active nor self-sufficient, lawful presence in the United Kingdom was not to be equated with a right to reside within the meaning of reg 21(3G) of the Income Support (General) Regulations 1987 for the purposes of entitlement to social security benefits.”

WLR Daily, 6th July 2007

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man jailed over terror cell plans – BBC News

Posted July 6th, 2007 in news, sentencing, terrorism by michael

“A man who stored up what police called a ‘vast library of terrorist material’ has been jailed for nine years.”

Full story

BBC News, 6th July 2007

Source: www.bbc.co.uk

Judge limits payout to Paddington crash killer – The Guardian

Posted July 6th, 2007 in compensation, news by michael

“A judge today limited the compensation claim of a Paddington train crash survivor who said he had been turned into a killer by post-traumatic stress disorder.”

Full story

The Guardian, 6th July 2007

Source: www.guardian.co.uk

Our data retention is not data protection watchdogs’ business, says Google privacy boss – OUT-LAW.com

Posted July 6th, 2007 in data protection, internet, news by michael

“The retention of search engine query data is a security matter and not one for Europe’s data protection officials, according to Google’s global privacy chief. Peter Fleischer said that its retention of user search data was ‘just not their field.”

Full story

OUT-LAW.com, 6th July 2007

Source: www.out-law.com

R (OSS Group Ltd) v Environment Agency – Times Law Reports

Posted July 6th, 2007 in environmental protection, law reports, waste by sally

Waste Directive does not cover old lubricating oil used as fuel

R (OSS Group Ltd) v. Environment Agency

Court of Appeal

“Lubricating oil collected after use and processed into fuel oil for burning could cease to be waste before it was burnt.”

The Times, 6th July 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   

R (Rowley and others) v Secretary of State for Work and Pensions – Times Law Reports

Posted July 6th, 2007 in child support, duty of care, law reports by sally

No duty of care owed over child support

R (Rowley and others) v. Secretary of State for Work and Pensions

Court of Appeal

“The Secretary of State for Work and Pensions did not owe a common law duty of care in discharging his functions under the Child Support Act 1991”

The Times, 6th July 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   

Shala v Birmingham City Council – Times Law Reports

Posted July 6th, 2007 in housing, law reports by sally

Councils must not shelter behind doctors

Shala v. Birmingham City Council

Court of Appeal

“Local authorities had to take care not to appear to be using professional medical advisers simply to provide or shore up their reasons to refuse applicants’ applications for housing as persons in priority need.”

The Times, 6th July 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