Archive for March 25th, 2008

Woman’s “cell hell” after yob row - BBC News

“A woman who told a gang of swearing teenage girls to be quiet spent 16 hours in a police cell after being falsely accused of assault.”

Full story

BBC News, 25th March 2008

Source: www.bbc.co.uk

Bus passengers in EU law “farce” - BBC News

“Passengers across the UK have been hit by EU rules on working hours meant to protect drivers, bus companies say.”

Full story

BBC News, 25th March 2008

Source: www.bbc.co.uk

Alcohol law claims only one victim - The Times

“Only one person has been found guilty of selling alcohol to a drunk person since the 2003 Licensing Act was introduced, a minister has admitted.”

Full story

The Times, 25th March 2008

Source: www.timesonline.co.uk

Recent Statutory Instruments - OPSI

The Street Works (Fixed Penalty) (Wales) (Amendment) Regulations 2008

The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2008

The Education (Assisted Places) (Amendment) (Wales) Regulations 2008

The Education (Assisted Places) (Incidental Expenses) (Amendment) (Wales) Regulations 2008

The Control of Salmonella in Poultry (Wales) Order 2008

The Honey (Wales) (Amendment) Regulations 2008

The Control of School Premises (Wales) (Amendment) Regulations 2008

The Local Authorities (Capital Finance and Accounting) (Wales) (Amendment) Regulations 2008

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

The European Grouping of Territorial Cooperation (Amendment) Regulations 2008

The Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2008

The Insolvency (Amendment) Rules 2008

The Non-automatic Weighing Instruments (Amendment) Regulations 2008

The Companies (Tables A to F) (Amendment) Regulations 2008

The Regional Learning and Skills Councils Regulations 2008

The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 3) Order 2008

The Charities Act 2006 (Commencement No. 3, Transitional Provisions and Savings) Order 2008

The Wireless Telegraphy (Licence Award) Regulations 2008

The East Suffolk Internal Drainage Board Order 2008

The Children Act 2004 (Commencement No. 9) Order 2008

The Hydrocarbon Oil, Biofuels and Other Fuel Substitutes (Determination of Composition of a Substance and Miscellaneous Amendments) Regulations 2008

The Serious Crime Act 2007 (Commencement No. 2 and Transitional and Transitory Provisions and Savings) Order 2008

The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) (Amendment) Order 2008

The Social Security (Jobcentre Plus Interviews for Partners) Amendment Regulations 2008

The Landfill Tax (Amendment) Regulations 2008

CJC pushes for overhaul of UK class action system - The Lawyer

“Procedures governing group actions could be overhauled to improve access to justice, the Civil Justice Council (CJC) has told The Lawyer.”

Full story

The Lawyer, 24th March 2008

Source: www.thelawyer.com

Pensions Regulator gets tough on conflicts - The Lawyer

“Firms with burgeoning pensions practices could face a threat to their client lists under conflicts of interest guidance set out by the Government’s Pensions Regulator.”

Full story

The Lawyer, 24th March 2008

Source: www.thelawyer.com

Civil Serf blogger faces disciplinary action - OUT-LAW.com

“A senior civil servant who detailed the inner workings of Government has reportedly been suspended pending an investigation into her conduct. The author of the popular Civil Serf blog is reported to have confessed to a Government investigating team.”

Full story

OUT-LAW.com, 20th March 2008

Source: www.out-law.com

Web business closed after site fails to appear - OUT-LAW.com

“A company behind a non-existent crime awareness website has been closed after a Government investigation into its business.”

Full story

OUT-LAW.com, 25th March 2008

Source: www.out-law.com

Free law pioneer will publish vital precedents free for the first time - OUT-LAW.com

“A free law publication charity will publish the UK’s 3,000 most important legal decisions freely for the first time by June. The project will involve publishing vital rulings, dating back to the nineteenth century, on which UK common law is based.”

Full story

OUT-LAW.com, 20th March 2008

Source: www.out-law.com

Care proceedings reforms - Ministry of Justice

“The government is implementing key reforms to the child care proceedings system in England and Wales, following a review of the system completed in 2006.”

Full press release

Ministry of Justice, 19th March 2008

Source: www.justice.gov.uk

Review of the use of restraint in juvenile secure settings - Ministry of Justice

“Justice Minister David Hanson has made a written ministerial statement on the review of the use of restraint in juvenile secure settings.”

Full press release

Ministry of Justice, 20th March 2008

Source: www.justice.gov.uk

Solicitor General speech: CPS - racist and religious crimes - Attorney General’s Office

“Speech by Vera Baird, Solicitor General, for the CPS Racist and Religious Crimes Policy Refresh, at the Mermaid Conference and Event Centre, London 19 March 2008.”

Full speech

Attorney General’s Office, 19th March 2008

Source: www.attorneygeneral.gov.uk

Prosecutors’ Investigation Code of Practice - Attorney General’s Office

The purpose of this paper is to seek stakeholder views on the proposed Code of Practice which provides guidance to the specified prosecuting authorities in England, Wales and Northern Ireland on the use of the powers of investigation which are provided by POCA.”

Full consultation

Attorney General’s Office, 19th March 2008

Source: www.attorneygeneral.gov.uk

BSB moves to strengthen chamber’s complaints handling - Bar Standards Board

“The way in which chambers handle complaints is set to change after the Bar Standards Board (BSB) approved a set of important new measures designed to improve chambers’ complaints handling.”

Full press release

Bar Standards Board, 18th March 2008

Source: www.barstandardsboard.org.uk

R v Ngyuen - WLR Daily

R v Ngyuen [2008] EWCA Crim 585; [2008] WLR (D) 94

The mere fact that the Crown chose to rely on bad character evidence which it had decided not to make the subject of a criminal charge could not of itself have such an adverse effect on the fairness of the proceedings that the court ought not to admit that evidence.”

WLR Daily, 20th 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.

Lichter & Schwarz (a partnership) v Rubin - WLR Daily

Lichter & Schwarz (a partnership) v Rubin [2008] EWHC 450 (Ch D); [2008] WLR (D) 93

On an interim application for the disclosure of ‘information about relevant property or assets which are or may be the subject of an application for a freezing injunction’ pursuant to CPR r 25.1(1)(g), it was only necessary to show that a freezing order could be applied for and whether or not that application would be successful was not a matter on which the court could form a view at that stage; it need only be satisfied that there were credible grounds for making an application if so advised.”

WLR Daily, 20th 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.

Westminster City Council v IC (a protected party by his litigation friend) and others - WLR Daily

Westminster City Council v IC (a protected party by his litigation friend) and others [2008] EWCA Civ 198; [2008] WLR (D) 92

A judge did not have jurisdiction to make a declaration that a marriage based on lack of consent was not valid under English law, since such a marriage was voidable and not void ab intitio. The judge should have declared that the marriage was not recognised as a valid marriage in this jurisdiction.”

WLR Daily, 20th 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.

Wakefield Metropolitan District Council v T - WLR Daily

Wakefield Metropolitan District Council v T [2008] EWCA Civ 199; [2008] WLR (D) 91

A supervision order made pursuant to s 31 of and para 6 of Sch 3 to the Children Act 1989 had an initial life of 12 months and could be extended for a further two years maximum.”

WLR Daily, 20th 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.

B v B - WLR Daily

B v B [2008] EWCA Civ 543; [2008] WLR (D) 90

In ancillary relief cases the source and origin of assets was one of the factors that had to be taken into account in determining distribution since the primary objectives of the exercise were fairness and an absence of discrimination between the parties.”

WLR Daily, 20th 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.

Halabi (a Bankrupt) v Camden London Borough Council and Another - Times Law Reports

Halabi (a Bankrupt) v Camden London Borough Council and Another

Chancery Division

“The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.”

The Times, 25th 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.

Omar v Westminster City Council - Times Law Reports

Omar v Westminster City Council

Court of Appeal

“An officer reviewing a local authority decision that it had discharged its housing duty by offering suitable acccommodation had to examine the facts as they appeared at the date of that decision.”

The Times, 25th 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.

Giles v Rhind and Another (No 2) - Times Law Reports

Giles v Rhind and Another (No 2)

Court of Appeal

“The court had power to extend the limitation period where a party, allegedly in breach of duty, had entered into a transaction defrauding creditors.”

The Times, 25th 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.

Drake v Harbour - Times Law Reports

Drake v Harbour

Court of Appeal

“Where a claimant proved both that a defendant was negligent and that loss ensued which was of a kind likely to have resulted from such negligence, that would ordinarily be enough to enable a court to infer that it was probably so caused, even if the claimant was unable to prove positively the precise mechanism.”

The Times, 24th 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.

EB (Togo) and Another v Secretary of State for the Home Department - Times Law Reports

EB (Togo) and Another v Secretary of State for the Home Department

Court of Appeal

“Very lengthy delay in processing an application for indefinite leave to remain by a National Health Service employee who had returned to the UK despite a deportation order did not invalidate the order.”

The Times, 24th 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.

Smith (Jean) v Northamptonshire County Council - Times Law Reports

Smith (Jean) v Northamptonshire County Council

Court of Appeal

“A council which had no control over a ramp not on its property was not strictly liable to an employee who was injured on it.”

The Times, 24th 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.

Britain and France join forces on immigration - The Independent

“Plans for a joint drive by Britain and France against illegal immigration could backfire by forcing ’soft targets’ to return to dangerous countries, refugee groups have warned.”

Full story

The Independent, 25th March 2008

Source: www.independent.co.uk

Family complains after patient was ‘left to die’ - Daily Telegraph

“An elderly woman was left to die in hospital after doctors made an order not to resuscitate her without her family’s knowledge, it has been claimed.”

Full story

Daily Telegraph, 25th March 2008

Source: www.telegraph.co.uk

Family justice system is at risk, warns new chief judge - The Times

“The first woman Attorney-General was enthusing in Law last week about government moves to combat domestic violence. A starkly different message comes this week from the first woman to lead the 455-judge strong Association of District Judges. Edwina Millward believes that recent reforms to curb domestic violence are having the reverse effect — and that cases coming to trial are in decline.”

Full story

The Times, 25th March 2008

Source: www.timesonline.co.uk

Wrong bottles cost winemaker £30,000 - The Times

“An award-winning winemaker whose wares are sold at the royal palaces is facing a £30,000 bill after European bureaucrats ruled that he was using the wrong-shaped bottles.”

Full story

The Times, 25th March 2008

Source: www.timesonline.co.uk

Plea to ban employers trawling Facebook - The Times

“A powerful coalition of children’s charities is urging ministers to make it illegal for companies to trawl Facebook and other social networking websites for information on prospective recruits.”

Full story

The Times, 25th March 2008

Source: www.timesonline.co.uk

Why judges find ways to ignore the law in gun crime sentences - The Times

“Passing sentence in the case of the death of Kamilah Peniston, Mr Justice Holland condemned Britain’s gang-gun culture.

According to the judge, there were ‘exceptional circumstances’ that allowed him to hand down a sentence below the five-year minimum term set down in law.”

Full story

The Times, 25th March 2008

Source: www.timesonline.co.uk

Police chief condemns judges on gun crime - The Times

“The fight against gun crime is being undermined by judges who fail to ensure that tough penalties set down in law are imposed in the courts, a senior police chief has told The Times.”

Full story

The Times, 25th March 2008

Source: www.timesonline.co.uk

Bail suspects commit one in six murders - Daily Telegraph

“One in six murders was committed last year by someone who was out on bail for another offence, figures disclosed suggest.”

Full story

Daily Telegraph, 24th March 2008

Source: www.telegraph.co.uk

Divorce ruling serves as warning on behaviour and assets - The Guardian

“An heiress who married a penniless Kosovan refugee and was ordered by the divorce courts to hand him a £1m car wash she had bought for him to run has been told by the appeal court that she can keep half the business.”

Full story

The Guardian, 24th March 2008

Source: www.guardian.co.uk

Justice reforms urged to win back public confidence - The Guardian

“Further fundamental reform of the criminal justice system is crucial if the government is to overcome a lack of public confidence, Gordon Brown has been warned by his own strategy unit.”

Full story

The Guardian, 24th March 2008

Source: www.guardian.co.uk

Ministers back radical plan for voting reform - The Guardian

“A significant overhaul of electoral legislation to give voters a second vote, open polling stations at weekends and make it compulsory to participate is being proposed by the government to increase turnout and improve the legitimacy of the Commons.”

Full story

The Guardian, 24th March 2008

Source: www.guardian.co.uk

DNA test ‘puts innocent at risk’ of convictions - The Times

“A new DNA technology hailed as having the potential to solve thousands of murders, rapes and other serious crimes could lead to innocent people being convicted, one of Britain’s most respected forensic scientists has warned.”

Full story

The Times, 24th March 2008

Source: www.timesonline.co.uk

Report warns alcohol abuse and drugs ‘are behind most crimes’ - The Times

“Hard drug use and heavy drinking have been highlighted as key problems for Britain in a study by the Government’s Strategy Unit.”

Full story

The Times, 24th March 2008

Source: www.timesonline.co.uk

Waitrose in row over meat-labelling - ‘mongrel meat’ labelled as rare native breed of pig - The Times

“Supermarket meat that is labelled as coming from a rare native breed is little more than ‘mongrel meat’, say breeders who have complained to trading standards officers.”

Full story

The Times, 24th March 2008

Source: www.timesonline.co.uk

Privacy alarm over fingerprinting at Heathrow’s fifth terminal - The Times

“BAA and the Government are at odds over plans to fingerprint passengers at Heathrow’s new fifth terminal. The Home Office denies having told the Spanish-owned airport operator to use fingerprinting as an extra security measure and the privacy watchdog says that the plan may be illegal.”

Full story

The Times, 24th March 2008

Source: www.timesonline.co.uk

Embryology Bill: Bishop’s ‘Frankenstein’ attack smacks of ignorance, say scientists - The Times

“Senior scientists have offered to meet Roman Catholic bishops and MPs to explain the need for legislation to allow experiments on embryos that are part-human and part-animal.”

Full story

The Times, 24th March 2008

Source: www.timesonline.co.uk

Cigarettes to be sold under shop counters - The Times

“Cigarettes are to be forced beneath shop counters with supermarkets and cornershops banned from displaying tobacco products, The Times has learnt.”

Full story

The Times, 24th March 2008

Source: www.timesonline.co.uk

Wordsworth’s village bakers fight over their gingerbread - The Observer

“The tranquil village of Grasmere has long drawn visitors seeking out the serene Lakeland setting that inspired William Wordsworth. But the peace of this small community has been shattered as a battle rages over its most famous commodity, Grasmere Gingerbread.”

Full story

The Observer, 23rd March 2008

Source: http://observer.guardian.co.uk

Payout threat to asbestos cancer victims - The Observer

“Patients with an asbestos-related form of cancer who had been hoping for compensation now fear they will run out of time under new government rules on payouts.”

Full story

The Observer, 23rd March 2008

Source: http://observer.guardian.co.uk

Ban on protests at Parliament to be lifted - The Observer

“A controversial ban on protests outside the Houses of Parliament will be scrapped by Home Secretary Jacqui Smith this week in a symbolic victory for freedom of speech campaigners.”

Full story

The Observer, 23rd March 2008

Source: http://observer.guardian.co.uk/

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