Archive for July 16th, 2007

Your boss may own your Facebook details - Daily Telegraph

“Employees who use social networking sites like Facebook, Myspace and Bebo could find their bosses own part of the content, lawyers have warned.”

Full story

Daily Telegraph, 16th July 2007

Source: www.telegraph.co.uk

Recent Statutory Instruments - OPSI

The Regulatory Reform (Financial Services and Markets Act 2000) Order 2007

The Company and Business Names (Amendment) Regulations 2007

The Home Information Pack (Redress Scheme) (No.2) Order 2007

The Gambling Act 2005 (Club Gaming Permits) (Authorised Gaming) Regulations 2007

The Gambling Act 2005 (Exempt Gaming in Clubs) Regulations 2007

The Gambling Act 2005 (Gaming in Clubs) Regulations 2007

The Gambling Act 2005 (Exempt Gaming in Alcohol-Licensed Premises) Regulations 2007

The Police Pension Fund Regulations 2007

The Court of Protection Rules 2007

The Vaccine Damage Payments Act 1979 Statutory Sum Order 2007

The Occupational Pensions Schemes (Winding Up, Winding Up Notices and Reports etc.) (Amendment) Regulations 2007

The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007

The Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007

The Mental Capacity Act 2005 (Commencement No. 2) Order 2007

The Education (Penalty Notices) (England) Regulations 2007

The Traffic Management Act 2004 (Commencement No. 4 and Transitional Provisions) (England) Order 2007

The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007

The Education (Parenting contracts and Parenting Orders) (England) Regulations 2007

Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007

The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2007

The Coal Mines (Control of Inhalable Dust) Regulations 2007

Source: www.opsi.gov.uk

New cremation regulations to prevent another Shipman - Ministry of Justice

“Bereaved families will have the right to inspect the medical forms of a deceased family member before cremation, under new proposals published today. The proposals are designed to help stop a repeat of the murders by Harold Shipman.”

Full story

Ministry of Justice press release, 16th July 2007

Source: www.justice.gov.uk

OAP’s rapist jailed indefinitely - BBC News

“A rapist who described his attack on an elderly woman ‘monstrous’ has been given an indefinite prison sentence.”

Full story

BBC News, 16th July 2007

Source: www.bbc.co.uk

Judge grants Shambo reprieve - The Guardian

“Shambo, the temple bullock ordered destroyed after a test suggested he may have TB, was reprieved by a high court judge today.”

Full story

The Guardian, 16th July 2007

Source: www.guardian.co.uk

Cadbury faces ‘unlimited’ fine in outbreak case - The Times

“Cadbury Schweppes will attempt this morning to temper a potential million-pound fine set to be levied upon the drinks and confectionery group as the case against the company for causing a national outbreak of salmonella reaches its conclusion.”

Full story

The Times, 16th July 2007

Source: www.timesonline.co.uk

Top law firm ‘closed its eyes’ to laws on age discrimination - The Times

“Its partners earn millions of pounds a year advising clients on employment and benefits issues, but Freshfields Bruckhaus Deringer omitted to check that changes to its own pension scheme were legal, it emerged yesterday.”

Full story

The Times, 14th July 2007

Source: www.timesonline.co.uk

‘Chastity ring’ girl loses case - BBC News

“A 16-year-old girl was not discriminated against after she was banned from wearing a ‘purity ring’ in school, the High Court has ruled.”

Full story

BBC News, 16th July 2007

Source: www.bbc.co.uk

Luxim Corpn. v. Ceravision Ltd. - WLR Daily

Luxim Corpn. v. Ceravision Ltd. [2007] EWHC 1624 (Ch.) 

“The discretion given to the Comptroller General under s 12(2) of the Patents Act 1977 to decline to deal with entitlement proceedings because the question referred to him involved matters which would more properly be determined by the court was not restricted to highly complex cases.”

WLR Daily, 9th July 2007

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.

Awoyomi v. Radford and another - WLR Daily

Awoyomi v. Radford and another [2007] EWHC 1671 

“The effect of the decision of the House of Lords in Arthur JS Hall & Co v Simons [2002] 1 AC 615 was that advocates had ceased to enjoy immunity from suit by 1991. The cause of action in respect of alleged negligence in 1995 had therefore accrued at that time and not at the date of the decision.”

WLR Daily, 12th July 2007

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.

Samengo-Turner and others v. J & H Marsh & McLennan (Services) Ltd. and others - WLR Daily

Samengo-Turner and others v. J & H March & McLennan (Services) Ltd. and others [2007] EWCA Civ 723 

“Where parallel employment-related proceedings were taking place in New York and London it was open to the court, in an appropriate case and where the terms of s 5 of Council Regulation 44/2001 were satisfied, to grant an anti-suit injunction restraining the New York proceedings.”

WLR Daily, 12th 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.

R v. P Ltd. and another - WLR Daily

R v. P Ltd. and another 

“An offence committed by a body corporate under the Health and Safety at Work etc Act 1974 was attributable to neglect by an officer of that body (or person acting in such a capacity), thereby amounting to an offence by that officer under s 37(1) of the 1974 Act, if the officer either knew of the relevant facts giving rise to the health and safety offence or, if he did not know, should by reason of the circumstances have been put on inquiry as to whether the relevant safety procedures were in place.”

WLR Daily, 11th July 2007

Source: www.lawreports.co.uk

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

House of Lords Judgments: What’s new?

In re Eurocruit Europe Ltd. (in liquidation) - Times Law Reports

Times ran out for liquidator 

In re Eurocruit Europe Ltd. (in liquidation) 

Chancery Division

“The limitation period of a claim brought by a liquidator under section 212 of the Insolvency Act 1986 was the same as that applicable to the underlying claim.”

The Times, 16th 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.

Regina (Crown Prosecution Service) v. Guildford Crown Court - Times Law Reports

Divisional Court cannot correct crown court judge

Regina (Crown Prosecution Service) v. Guildford Crown Court

Queen’s Bench Divisional Court

“The High Court did not have power to quash an unlawful sentence imposed by a crown court judge.”

The Times, 16th 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.

Medical chiefs renew support for MMR - The Times

“Doctors and scientists have come together to endorse the safety of the MMR vaccine, ahead of a disciplinary hearing today involving the researchers who first linked it to health risks.”

Full story

The Times, 16th July 2007

Source: www.timesonline.co.uk

Metronet may face administration - Financial Times

“Metronet Rail, the main private contractor on the London Underground, could face administration after an arbiter on Monday awarded it only a small proportion of the emergency funding it had sought for the next year.”

Full story

Financial Times, 16th July 2007

Source: www.ft.com

Watchdogs criticise equality reform plans - The Guardian

“Official equality watchdogs are in revolt against government reforms to discrimination laws, saying that they repudiate the findings of the Stephen Lawrence inquiry and will “do enormous damage” to disabled people.”

Full story

The Guardian, 16th July 2007

Source: www.guardian.co.uk

Police want terror cases time limit to be scrapped - The Independent

“Police chiefs have called for their right to hold terrorist suspects without charge for 28 days to be lengthened to ‘as long as it takes’.”

Full story

The Independent, 16th July 2007

Source: www.independent.co.uk

Judges get tough on fathers’ rights to contact with children - The Guardian

“Senior judges have issued a strong warning to divorced and separated mothers that they risk losing the right to have their children live with them if they defy court orders and stop the children’s fathers seeing them. In two recent cases the court of appeal has upheld judgments moving children from their mother’s to their father’s home after the mothers flouted orders allowing the fathers to have regular contact with their children.”

Full story

The Guardian, 16th July 2007

Source: www.guardian.co.uk

Protest over prosecutions without lawyers - The Times

“Thousands of trials a year could be prosecuted by non-lawyers under plans for an extension of the powers of the Crown Prosecution Service’s lay staff.”

Full story

The Times, 16th July 2007

Source: www.timesonline.co.uk

Parents cleared of abuse want children back - Sunday Telegraph

“A couple whose two baby daughters were taken away by social services have been told that they will never see their children again, despite being cleared of abuse allegations.”

Full story

Sunday Telegraph, 15th July 2007

Source: www.telegraph.co.uk

Police defend longer terror limit - BBC News

“Senior police officers say their calls to be allowed to hold terror suspects for longer without charge would not mean any kind of ‘internment’.”

Full story

BBC News, 15th July 2007

Source: www.bbc.co.uk

Call for immigrant amnesty in UK - BBC News

“Half a million illegal immigrants should be given the right to stay in Britain, a think tank has said.”

Full story

BBC News, 15th July 2007

Source: www.bbc.co.uk

Met chiefs call for new terror suspects centre - Sunday Telegraph

“Police chiefs want to build a new high-security interrogation centre to hold the growing number of people detained in counter-terrorist investigations.”

Full story

Sunday Telegraph, 15th July 2007

Source: www.telegraph.co.uk

Do immigration amnesties work? - BBC News

“A think-tank is calling for an amnesty on illegal immigrants in the UK - with claims that it would bring in £1bn in tax revenue.”

Full story

BBC News, 15th July 2007

Source: www.bbc.co.uk

Public health experts fear fallout from MMR hearing - The Guardian

“Public health doctors are bracing themselves for a further decline in public confidence in the MMR jab as the long-awaited hearing into alleged serious professional misconduct by Andrew Wakefield and two other doctors gets under way at the General Medical Council on Monday.”

Full story

The Guardian, 14th July 2007

Source: www.guardian.co.uk

Fear of Islamist recruiting in jails - The Guardian

“As the four July 21 bomb plotters started their 40-year minimum sentences this week, a group of police special branch officers - the foot soldiers of the security services - based at Prison Service headquarters were quietly working to ensure that the failed bombers do not inspire a new generation of violent jihadists.”

Full story

The Guardian, 14th July 2007

Source: www.guardian.co.uk


 

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