Archive for March 10th, 2008

Recent Statutory Instruments - OPSI

Law Society backs in-house lawyers in landmark privilege case - The Times

“The Law Society of England and Wales has formally applied for permission to intervene in a closely-watched European case that has threatened the ability of in-house lawyers to claim professional privilege.”

Full story

The Times, 10th March 2008

Source: www.timesonline.co.uk

Rowling revives privacy case over photo of son - Reuters

“Author J.K. Rowling has revived her bid to ban the further publication of a long-lens photograph of her young son after the initial privacy claim was thrown out by a London court last year.”

Full story

Reuters, 10th March 2008

Source: www.reuters.com

Civil Service blogger sparks online crackdown - Daily Telegraph

“The emergence of Civil Service blogger who used the internet to lampoon her employers and cabinet ministers has forced the Government to set out new guidance for its staff covering blogging and online social networks.”

Full story

Daily Telegraph, 10th March 2008

Source: www.telegraph.co.uk

Prisons, probation and the press under examination - Ministry of Justice

“Jack Straw has given a speech to the Guardian Criminal Justice Summit on prisons, probation and the press.”

Full story

Ministry of Justice, 10th March 2008

Source: www.justice.gov.uk

‘Home alone’ mother is sentenced - BBC News

“A mother who left her 14-year-old daughter home alone for six weeks has been given a 13-week suspended jail sentence.”

Full story

BBC News, 10th March 2008

Source: www.bbc.co.uk

Heroin photo used in BNP leaflet - BBC News

“Parents of a heroin addict are to take legal action against the British National Party (BNP) for using a picture of their dead daughter.”

Full story

BBC News, 10th March 2008

Source: www.bbc.co.uk

Revenue & Customs bankrupts man over 88p debt - The Guardian

“A man who owed 88p in taxes was made bankrupt after a blunder by HM Revenue & Customs, it was claimed today.”

Full story

The Guardian, 10th March 2008

Source: www.guardian.co.uk

Why murderers deserve a good lawyer - The Times

“In a civilised society everyone has the right to a fair trial, no matter how horrible the offence or how fantastic the defence may be.”

Full story

The Times, 7th March 2008

Source: www.timesonline.co.uk

The Best Law Firms to Work For - The Times

The Sunday Times has published its annual survey of Britain’s 100 Best Companies to work for, ranking employers on such criteria as leadership, pay and benefits, social contribution and career prospects. There were 11 law firms on this year’s list.”

Full story

The Times, 10th March 2008

Source: www.timesonline.co.uk

Appeal over baby death conviction - BBC News

“An appeal has been lodged by lawyers for a child carer convicted of violently shaking a baby to death.”

Full story

BBC News, 10th March 2008

Source: www.bbc.co.uk

Honorary Queen’s Counsel 2008 - Ministry of Justice

“Her Majesty The Queen has approved the appointment of five Queen’s Counsel honoris causa.”

Full story

Ministry of Justice, 10th March 2008

Source: www.gnn.gov.uk

Specialist courts planned to tackle domestic violence - The Times

“A network of up to 100 specialist courts to tackle domestic violence should be set up to increase prosecutions for wife battering and domestic assaults, the Attorney-General said yesterday.”

Full story

The Times, 8th March 2008

Source: www.timesonline.co.uk

Recent Statutory Instruments - OPSI

The Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008

The NHS Professionals Special Health Authority (Establishment and Constitution) (Amendment) Order 2008

The Postgraduate Medical Education and Training Board (Fees) Rules Order 2008

The Medicines (Products for Human Use-Fees) Regulations 2008

The Education (Student Loans) (Repayment) (Amendment) Regulations 2008

The Teachers’ Pensions (Miscellaneous Amendments) Regulations 2008

The Education (Student Support) Regulations 2008

The Assets Recovery Agency (Abolition) Order 2008

The Finance Act 2007, Schedule 24 (Commencement and Transitional Provisions) Order 2008

The Defence Support Group Trading Fund Order 2008

The Public Rights of Way (Combined Orders) (England) Regulations 2008

The Statutory Auditors and Third Country Auditors (Amendment) Regulations 2008

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008

The Medical Devices (Fees Amendments) Regulations 2008

The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2008

The Housing (Right to Buy)(Service Charges)(Amendment) (England) Order 2008

The Police Act 1997 (Criminal Records)(Disclosure) Regulations (Northern Ireland) 2008

The National Health Service (Dental Charges) Amendment Regulations 2008

The Medicines for Human Use (Prohibition) (Senecio and Miscellaneous Amendments) Order 2008

The National Health Service (Optical Charges and Payments) Amendment Regulations 2008

The Seed Potatoes (England) (Amendment) Regulations 2008

The Tyne and Wear Fire and Rescue Authority (Increase in Number of Members) Order 2008

The Home Information Pack (Amendment) Regulations 2008

The Social Security (Contributions) (Re-rating) Order 2008

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2008

The Industrial Training Levy (Construction Industry Training Board) Order 2008

The Immigration (Registration Card) Order 2008

The Occupational Pension Schemes (Levies) (Amendment) Regulations 2008

The A556 (M) Motorway (M6 to M56 Link) and Connecting Roads Scheme 1996 (Revocation) Order 2008

The A556 (M) Motorway (M6 to M56 Link) and Supplementary Connecting Roads Scheme 1996 (Revocation) Order 2008

The A556 Trunk Road (Turnpike Wood, Over Tabley-A56 Bowdon Roundabout) (Detrunking) Order 1996 (Revocation) Order 2008

The A556 Trunk Road (Church Farm-Turnpike Wood, Over Tabley) Order 1996 (Revocation) Order 2008

Source: www.opsi.gov.uk

Fresh questions on torture flights spark demands for inquiry - The Guardian

“MPs and human rights groups yesterday demanded an independent inquiry into the use of UK territory by CIA ‘torture flights’ as fresh questions emerged over the government’s handling of the issue.”

Full story

The Guardian, 10th March 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Legal Services Commission v Rasool [2008] EWCA Civ 154 (05 March 2008)

Revenue & Customs v Dunwood Travel Ltd [2008] EWCA Civ 174 (07 March 2008)

AIC Ltd v Marine Pilot Ltd [2008] EWCA Civ 175 (07 March 2008)

Research In Motion UK Ltd v Visto Corporation [2008] EWCA Civ 153 (06 March 2008)

City Inn (Jersey) Ltd v Ten Trinity Square Ltd [2008] EWCA Civ 156 (06 March 2008)

Court of Appeal (Criminal Division)

Bright, R v [2008] EWCA Crim 462 (06 March 2008)

O, J and S, R v [2008] EWCA Crim 463 (06 March 2008)

High Court (Queen’s Bench Division)

Burnley Local Government Election, Re [2008] EWHC 316 (QB) (05 February 2008)

Rath v Guardian News and Media Ltd & Anor [2008] EWHC 398 (QB) (05 March 2008)

W v JH & Anor [2008] EWHC 399 (QB) (05 March 2008)

High Court (Chancery Division)

Donaldson v O’Sullivan [2008] EWHC 387 (Ch) (29 February 2008)

Birkdale School, Sheffield v HM Revenue & Customs [2008] EWHC 409 (Ch) (05 March 2008)

Greenland Bank Ltd v American Express Bank Ltd [2008] EWHC 421 (Ch) (06 March 2008)

High Court (Family Division)

X Council v B & Ors [2008] EWHC 270 (Fam) (18 February 2008)

High Court (Administrative Court)

G, R (on the application of) v Nottingham City Council [2008] EWHC 400 (Admin) (05 March 2008)

Escobar v DPP [2008] EWHC 422 (Admin) (06 March 2008)

Paschayan v Government of Switzerland [2008] EWHC 388 (Admin) (06 March 2008)

Tabernacle v Secretary of State for Defence [2008] EWHC 416 (Admin) (06 March 2008)

Chen, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 437 (Admin) (02 March 2008)

Kucera v District Court of Karvina, Czech Republic [2008] EWHC 414 (Admin) (07 March 2008)

High Court (Commercial Court)

M & J Polymers Ltd v Imerys Minerals Ltd [2008] EWHC 344 (Comm) (29 February 2008)

High Court (Technology and Construction Court)

Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & Anor [2008] EWHC 413 (TCC) (06 March 2008)

Charlton & Anor v Northern Structural Services Ltd [2008] EWHC 66 (TCC) (08 February 2008)

Source: www.bailii.org

Expandable Ltd and Others v Rubin - Times Law Reports

Expandable Ltd and Others v Rubin

Court of Appeal

“The mention of a document in a witness statement did not constitute an automatic waiver of legal professional privilege so as entitle the other party to inspection of it.”

The Times, 10th March 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.

Piggott v Director of Public Prosecutions - Times Law Reports

Piggott v Director of Public Prosecutions

Queen’s Bench Divisional Court

“While there was no obligation on a driver, asked to provide a specimen of breath for analysis, to declare a medical condition which might make it difficult or impossible for her to meet that requirement, in some cases that might be regarded as a refusal to do so.”

The Times, 10th March 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.

Breakspear and Others v Ackland and Another - Times Law Reports

Breakspear and Others v Ackland and Another

Court of Appeal

“In the absence of special terms, the confidentiality in which a wish letter was enfolded was something given to the trustees for them to use, on a fiduciary basis, in accordance with their best judgment and as to the interests of the beneficiaries and the sound administration of the trust.”

The Times, 10th March 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.

Equality watchdog wants ’spot checks’ at work - Daily Telegraph

“Britain’s equality watchdog wants tough new powers to tackle employers who fail to hire or promote staff from ‘disadvantaged’ groups.”

Full story

Daily Telegraph, 10th March 2008

Source: www.telegraph.co.uk

TV cameras to be kept out of court as Straw kills off Falconer initiative - The Guardian

“Plans to allow parts of court cases in England and Wales to be broadcast on TV have been shelved, a Whitehall source has told the Guardian.”

Full story

The Guardian, 10th March 2008

Source: www.guardian.co.uk

Artificial sperm use plans ignite embryo row - Daily Telegraph

“The controversy over legislation on embryology grew last night following proposals to allow babies to be conceived using ‘artificial’ sperm and eggs.”

Full story

Daily Telegraph, 10th March 2008

Source: www.telegraph.co.uk

£15,000 for asylum seeker illegally detained in UK - The Guardian

“The case of an asylum seeker who was raped and tortured in her native Cameroon could have far-reaching legal implications for others making the same claims whose applications for asylum have been refused. Although the case was resolved last month, details were only published in the high court on Friday, and it has been welcomed by organisations in the field.”

Full story

The Guardian, 10th March 2008

Source: www.guardian.co.uk

Simon Mann in legal row over interview - Daily Telegraph

“A legal wrangle has broken out over an interview with Simon Mann, the Old Etonian and former SAS officer who is in prison in Equatorial Guinea on charges of plotting a coup in the oil-rich African country.”

Full story

Daily Telegraph, 9th March 2008

Source: www.telegraph.co.uk

Cohabitation law delay ’shoddy’ - BBC News

“A government delay on new rights for cohabiting couples has been slammed by family lawyers.”

Full story

BBC News, 8th March 2008
Source: www.bbc.co.uk

DNA register ‘labels children as criminals’ - The Guardian

“Nearly 1.5 million 10 to 18-year-olds will have been entered on the national DNA database by this time next year, sparking claims that Britain’s youths are being criminalised and disproportionately ‘targeted’.”

Full story

The Guardian, 9th March 2008

Source: www.guardian.co.uk

Treason laws outdated, says Lord Goldsmith - Daily Telegraph

“Britain’s ancient laws of treason are out of date and should be overhauled, a senior government adviser will tell the Prime Minister this week.”

Full story

Daily Telegraph, 8th March 2008

Source: www.telegraph.co.uk

Law allowing all-women shortlists extended - The Independent

“All-women shortlists for selecting parliamentary candidates will remain legal until 2030 under new plans to help create a ‘critical mass’ of 200 female MPs.”

Full story

The Independent, 7th March 2008

Source: www.independent.co.uk

New ‘fairness’ Act to replace equality laws - Daily Telegraph

“A powerful new anti-discrimination Bill is to be unveiled by the Government, ushering in the biggest overhaul of equality legislation in 40 years.”

Full story

Daily Telegraph, 9th March 2008

Source: www.telegraph.co.uk

Drugs law to be tightened as Seroxat firm is rebuked - The Independent

“Ministers promised to strengthen laws to protect patients after a drugs company was criticised for withholding information about clinical trials showing links between its anti-depressant drug and possible suicides among teenagers.”

Full story

The Independent, 7th March 2008

Source: www.independent.co.uk

60 lawyers caught up in mortgage fraud crackdown - The Times

“The Solicitors Regulatory Authority (SRA), the body that regulates the legal profession in England and Wales, is investigating up to 60 lawyers on suspicion of mortgage fraud.”

Full story

The Times, 6th March 2008

Source: www.timesonline.co.uk

Domestic abuse convictions ‘rise’ - BBC News

“Dedicated courts that prosecute domestic violence cases in England and Wales have an average success rate of almost 70%, figures show.”

Full story

BBC News, 8th March 2008

Source: www.bbc.co.uk

FSA drops plan to force banks to inform on clients - The Times

” The Financial Services Authority (FSA) has dropped a plan to force investment banks to inform on companies they brought to market long after the initial flotation was completed, the regulator confirmed today.”

Full story

The Times, 6th March 2008

Source: www.timesonline.co.uk

Former spy faces court battle to publish book - Daily Telegraph

“The Government has launched a legal battle to stop a former MI5 undercover agent publishing a book on the inner workings of the secret service.”

Full story

Daily Telegraph, 9th March 2008

Source: www.telegraph.co.uk

Woman who lied about five ‘rapes’ - Daily Telegraph

“A woman who made a string of false rape complaints which led to the arrest of five different men has walked free.”

Full story

Daily Telegraph, 8th March 2008

Source: www.telegraph.co.uk