Recent Statutory Instruments – OPSI

The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2008

The A1(M) Motorway and the M62 Motorway (Holmfield Interchange Link Roads) (Speed Limit) Regulations 2008

The Pensions Act 2007 (Actuarial Guidance) (Consequential Provisions) Order 2008

Source: www.opsi.gov.uk

Legal aid wrangle risks miscarriage of justice – The Times

“A teenager accused of the murder of Rhys Jones has been left without a QC with only a month to go before trial.”

Full story

The Times, 2nd September 2008

Source: www.timesonline.co.uk

Youth Justice: The Scaled Approach launched – Youth Justice Board

“The YJB today publishes Youth Justice: The Scaled Approach to support youth offending teams (YOTs) in their preparation for the biggest improvements to youth justice in almost a decade.”

Full story

Youth Justice Board, 2nd September 2008

Source: www.yjb.gov.uk

Related link: Youth Justice: the Scaled Approach

Is sex on the beach legal? – BBC News Magazine

“Two Britons have appeared in court in Dubai after allegedly having sex on a beach in the Muslim emirate. What would happen if a couple got frisky on a beach in the UK?”

Full story

BBC News Magazine, 2nd September 2008

Source: www.bbc.co.uk

Action over ‘indecent’ Jesus art – BBC News

“A Christian group is taking an art centre to court, claiming it displayed an indecent statue of Jesus Christ.”

Full story

BBC News, 2nd September 2008

Source: www.bbc.co.uk

House of Lords has south-east bias, says report – The Guardian

“The House of Lords, whose members once formed a roll-call of the shires of Britain, is now ‘unacceptably dominated’ by peers who live in London and the south-east of England, according to a new report.”

Full story

The Guardian, 2nd September 2008

Source: www.guardian.co.uk

Civil Procedure Rules – 47th Update – The Bar Council

“The latest Civil Procedure Rules (CPR) are due to come into force fully on 1 October 2008. There are changes in a large number of areas.”

Full story

The Bar Council, 2nd September 2008

Source: www.barcouncil.org.uk

New Criminal Bar Chairman calls for fresh focus on training – The Bar Council

“Peter Lodder QC, who starts work as Chairman of the Criminal Bar Association today (1st September), has called for improvements to the way in which potential barristers are trained.”

Full story

The Bar Council, 1st September 2008

Source: www.barcouncil.org.uk

Government sets out tougher community work for offenders – Ministry of Justice

“Steps to further toughen up [sic] the demanding physical work offenders carry out on community payback were outlined today (1st September) by Justice Minister David Hanson.”

Full story

Ministry of Justice, 1st September 2008

Source: www.justice.gov.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Attorney General of Zambia v Meer Care & Desai (A Firm) & Ors [2008] EWCA Civ 1007 (31 July 2008)

High Court (Chancery Division)

Dayman v Lawrence Graham (a firm) [2008] EWHC 2036 (Ch) (28 August 2008)

High Court (Family Division)

Stodgell v Stodgell [2008] EWHC 1925 (Fam) (18 July 2008)

M v F & Ors [2008] EWHC 2049 (Fam) (20 August 2008)

Source: www.bailii.org

Field Common Ltd v Elmbridge Borough Council – WLR Daily

Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch); [2008] WLR (D) 298

“The correct approach to the assessment of damages on a landowner’s claim against a council in respect of its tenants’ trespasses was the hypothetical negotiation approach, based on what the council would have paid on a hypothetical negotiation between the claimant and the council for the grant to the council of the necessary rights.”

WLR Daily, 1st September 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.

R v M – WLR Daily

R v M; [2008] WLR (D) 297

“Where a defendant in criminal proceedings was said to have breached a restraint order, imposed under the Proceeds of Crime Act 2002, by making certain prohibited transactions a judge of the Crown Court had jurisdiction to try an application made by the prosecution for the defendant to be committed for contempt.”

WLR Daily, 1st September 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.

R v B and others – WLR Daily

R v B and others: [2008] WLR (D) 296

“Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence.”

WLR Daily, 1st September 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.

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners – Times Law Reports

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners

House of Lords

“Expenditure on a warehouse which was used for storage of goods which the taxpayer was in the business of importing and selling was not expenditure on an industrial building so as to qualify under section 18 of the Capital Allowances Act 1990.”

The Times, 2nd September 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.

Asian officer loses racial bias case against Met – The Independent

“One of the two senior Asian officers suing the Metropolitan Police for racial discrimination has lost his claim after alleging that a ‘golden circle’ of white officers had been chosen to run Britain’s largest force.”

Full story

The Independent, 2nd September 2008

Source: www.independent.co.uk

Britons ‘passive against crime’ – BBC News

“British people are the least likely in Europe to be ‘have-a-go heroes’ and get involved if they witness a crime, research from a think tank claims.”

Full story

BBC News, 2nd September 2008

Source: www.bbc.co.uk

Is Helen Mirren right about date rape? – The Independent

“The actress stepped into a political and social minefield when she claimed date rape should not be a matter for the courts. Paul Vallely examines an issue which raises divisive issues of women’s rights and personal responsibility.”

Full story

The Independent, 2nd September 2008

Source: www.independent.co.uk

Charity Nacro in bid to run two new prisons – Daily Telegraph

“Nacro, which attempts to cut crime by finding practical work for offenders, has formed a consortium with the private security firm G4S, a drugs charity and a construction company, its chief executive Paul Cavadino has confirmed.”

Full story

Daily Telegraph, 2nd September 2008

Source: www.telegraph.co.uk

Hacker appeals to home secretary – BBC News

“Lawyers for a Briton accused of hacking into secret military and Nasa computers are asking the home secretary to ensure he is not jailed in the US.”

Full story

BBC News, 1st September 2008

Source: www.bbc.co.uk