Recent Statutory Instruments – OPSI

The Penwith College, Penzance (Dissolution) Order 2008

The Local Government Finance (New Parishes) (England) Regulations 2008

The Local Government (Parishes and Parish Councils) (England) Regulations 2008

The Occupational Pension Schemes (Non-European Schemes Exemption) Regulations 2008

The Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2008

The Tax Credits (Miscellaneous Amendments) Regulations 2008

The Young Offender Institution (Amendment) Rules 2008

The Offender Management Act 2007 (Establishment of Probation Trusts) Order 2008

The Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008

The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2008

The Personal Injuries (Civilians) (Amendment) Scheme 2008

The FCO Services Trading Fund Order 2008

The Street Works (Inspection Fees) (England) (Amendment) Regulations 2008

The Companies (Cross-Border Mergers) (Amendment) Regulations 2008

The Town and Country Planning (Mayor of London) Order 2008

The Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008

The Income Tax (Purchased Life Annuities) Regulations 2008

The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2008

The Value Added Tax (Amendment) Regulations 2008

The Pensions Act 2004 (Commencement No. 11) Order 2008

The Electoral Administration Act 2006 (Commencement No.6) Order 2008

The Greater London Authority Act 2007 (Commencement No. 3) Order 2008

The Agriculture and Horticulture Development Board Order 2008

Source: www.opsi.gov.uk

An ancient law with modern resonance – The Times

“Ask a group of schoolchildren what they know about treason and they are most likely to mention Guy Fawkes and Ann Boleyn – but a closer look at the law brings some more recent names to mind.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

The rise and rise of judicial review – BBC Law in Action

“Does the growing power and readiness of judges to question government decisions threaten to unbalance our democracy?”

Full story

BBC Law in Action, 11th March 2008

Source: www.bbc.co.uk

Man jailed for possessing terror manual – The Independent

” A man who admitted possessing an al Qai’da training manual was jailed for 16 months today.”

Full story

The Independent, 11th March 2008

Source: www.independent.co.uk

Court staff ‘let hundreds of offenders walk free’ – The Guardian

“Staff at Leeds magistrates court are facing disciplinary action for serious errors which resulted in hundreds of offenders escaping prosecution, the Ministry of Justice said today.”

Full story

The Guardian, 11th March 2008

Source: www.guardian.co.uk

Investing in alternatives to custody – Ministry of Justice

“Justice Minister David Hanson has made a written ministerial statement on investing in community sentences.”

Full story

Ministry of Justice, 11th March 2008

Source: www.justice.gov.uk

What are the laws on treason? – BBC News Magazine

“There are plans afoot to change the laws on treason in the UK, with a commission on citizenship led by Lord Goldsmith recommending reform, but what is the law?”

Full story

BBC News Magazine, 11th March 2008

Source: www.bbc.co.uk

Privacy watchdog investigates Phorm – OUT-LAW.com

“Privacy watchdog the Information Commissioner is investigating advertising technology company Phorm over a deal it has cut with the UK’s top internet service providers.”

Full story

OUT-LAW.com, 11th March 2008

Source: www.out-law.com

Commons clamps down on MPs’ expenses – The Guardian

“MPs will have to submit receipts when they claim office expenses worth more than £25 per item, it was announced today.”

Full story

The Guardian, 11th March 2008

Source: www.guardian.co.uk

Accountant sues M&S for £300,000 over ‘grape injury’ – The Times

“An accountant who says his business suffered after he slipped on a grape in a Marks & Spencer store and hurt his leg is claiming more than £300,000 compensation from the retail giant.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

High Court (Chancery Division)

Johnson v Revenue and Customs [2008] EWHC 412 (Ch) (06 February 2008)

High Court (Administrative Court)

Flenley & Anor, R (on the application of) v London Borough of Hammersmith & Fulham [2008] EWHC 366 (Admin) (11 February 2008)

Cocktails Ltd, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2008] EWHC 380 (Admin) (21 February 2008)

Secretary of State for the Home Department v AF [2008] EWHC 453 (Admin) (10 March 2008)

Olum, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 407 (Admin) (15 February 2008)

Source: www.bailii.org

Goldsmith unveils proposals to strengthen citizenship – The Times

“Plans to make schoolchildren take part in citizenship ceremonies, pledging allegiance to the Queen, and a new public holiday to celebrate ‘Britishness’ were announced today as part of wide-ranging proposals to strengthen British citizenship.”

Full story

The Guardian, 11th March 2008

Source: www.timesonline.co.uk

The equality watchdog that failed its own test – The Times

“Britain’s anti-discrimination quango had to be bailed out by ministers to avoid its breaching the law over its own internal equality scheme, The Times has learnt.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

Church conmen jailed for £3.2m swindle of faithful – The Times

“A gang of Seventh-Day Adventists who conned millions of pounds from fellow churchgoers to fund a life of wild extravagance have been jailed.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

Life sentences for pair who beat and stabbed faith healer to death – The Guardian

“Two men were jailed for life yesterday for the murder of a faith healer who took money from clients but failed to fulfil his promises. The victim offered cures for everything from immigration problems to infertility and baldness in exchange for large sums.”

Full story

The Guardian, 11th March 2008

Source: www.guardian.co.uk

Regina v Y (Hearsay evidence) – Times Law Reports

Regina v Y (Hearsay evidence)

Court of Appeal (Criminal Division)

“Some rulings by trial judges could properly be described both as relating to counts on the indictment as well as being evidentiary.”

The Times, 11th 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.

Kosmar Villa Holidays plc v Trustees of Syndicate 1243 – Times Law Reports

Kosmar Villa Holidays plc v Trustees of Syndicate 1243

Court of Appeal

“Where insurers acknowledged a claim under a policy knowing that the insured had failed to comply with a condition precedent in the notification clause, they did not elect to waive the insured’s failure and accept liability.”

The Times, 11th 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.

Caudle v LD Law Ltd – WLR Daily

Caudle v LD Law Ltd [2008] EWHC 374 (QB); WLR (D) 78

“A person who intends to exercise his entitlement to apply for a grant of letters of administration of an estate does not have an enforceable right to immediate possession of property formerly owned by the deceased unless it is necessary that he takes possession to safeguard the estate.”

WLR Daily, 10th March 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.

Reinwood Ltd v L Brown & Sons Ltd – WLR Daily

Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12; WLR (D) 77

“Where under the JCT Standard Form of Building Contract, 1998 ed, Private with Quantities the architect granted the contractor an extension of time after the employer had served a withholding notice and paid under an interim certificate on the assumption that it had the right to rely on a non-completion certificate previously served, the grant of the extension of time did not deprive the employer of that right since it did not cancel the non-completion notice restrospectively.”

WLR Daily, 10th March 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.

Bar Chairman Calls For Policy Change: Boost in Drugs Rehabilitation Programmes to Tackle Offending Before it Happens – The Bar Council

“Extra resources should be ploughed into prisons’ drugs rehabilitation programmes, the Chairman of the Bar said today.”

Full story

The Bar Council, 11th March 2008

Source: www.barcouncil.org.uk

Consultation sentencing guideline and advice on theft and burglary (non-dwelling) – Sentencing Guidelines Council

“The Sentencing Guidelines Council published a consultation guideline on the sentencing of adult offenders convicted of theft and burglary (non-dwelling) offences on 10 March 2008.”

Full story

Sentencing Guidelines Council, 11th March 2008

Source: www.sentencing-guidelines.gov.uk

Barristers told: last chance to sign up for legal aid contract – The Times

“This Friday is the deadline, no ifs or buts, says Lord Hunt of Kings Heath, the minister in charge of the change.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

Britain can’t afford to be corrupt – The Times

“The decision to stop the BAE investigation raises questions about the rule of law and fairness in deciding which cases to prosecute.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

Stealing from the elderly or a school ’should mean jail’ – The Times

“Thieves who target the elderly should be jailed for at least 18 weeks and longer if they take items worth more than £2,000 or with high sentimental value, a sentencing watchdog said yesterday.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

Straw warns judges not to overreact to coverage of big trials – The Guardian

“Judges, magistrates and MPs were warned yesterday not to overreact to the overwhelming media coverage of recent horrific murder trials and drive the record prison population to even higher levels.”

Full story

The Guardian, 11th March 2008

Source: www.guardian.co.uk

More than 2,000 serious criminal cases thrown out after prosecutors were not ready – The Times

“More than 2,000 cases that should have gone to trial in the Crown Court were thrown out last year because they were not ready, a watchdog says today.”

Full story

The Times, 11th March 2008

Source: www.timesonline.co.uk

Couple who want deaf child angry at IVF ban – Daily Telegraph

“A deaf father who wishes to have a deaf child has spoken of his anger that a clause in new fertility legislation will make it illegal to use embryos with a genetic abnormality in IVF treatment, when ones without the same defect are available.”

Full story

Daily Telegraph, 11th March 2008

Source: www.telegraph.co.uk

Labour retreat over attorney general’s role – The Guardian

“The government is poised to let the attorney general retain the power to stop prosecutions such as the corruption case against BAE Systems on national security grounds, the Guardian has learned.”

Full story

The Guardian, 11th March 2008

Source: www.guardian.co.uk

Has Sally Clark’s case changed attitudes to infant death? – Daily Telegraph

“In 2003 Sally Clark was released from jail after being falsely accused of murdering her two sons. She never recovered from the trauma and died a year ago, effectively of a broken heart. Cassandra Jardine looks at how such a gross miscarriage of justice could occur and asks whether lessons have been learnt.”

Full story

Daily Telegraph, 11th March 2008

Source: www.telegraph.co.uk

Lighter sentences proposed for thieves – The Times

“Stealing from vulnerable victims should not automatically lead to a jail term, sentencing advisory body says.”

Full story

The Times, 10th March 2008

Source: www.timesonline.co.uk