Archive for July 27th, 2007

Cleaner cleared of blackmailing judge in sex video case – The Independent

“The Brazilian cleaner Roselane Driza walked free from court today after charges that she stole two sexy videos from a male judge and blackmailed a female judge were dropped.”

Full story

The Independent, 27th July 2007

Source: www.independent.co.uk

Fountain Court silk to succeed Vos as Bar chair – Legal Week

“The Bar Council has elected Timothy Dutton QC of Fountain Court Chambers as its new chairman the body announced today (27 July).”

Full story

Legal Week, 27th July 2007

Source: www.legalweek.com

Recent Statutory Instruments – OPSI

The Gambling Act 2005 (Amendment of Schedule 6) Order 2007

The Excise Duties (Small Non-Commercial Consignments) Relief (Amendment) (Revocation) Regulations 2007

The Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2007

The Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 2007

The Insurance Companies (Overseas Life Assurance Business) (Excluded Business) (Amendment) Regulations 2007

The Value Added Tax (Amendment) (No. 5) Regulations 2007

The Welfare of Farmed Animals (England) Regulations 2007

The Income Tax (Pay as You Earn) (Amendment No. 2) Regulations 2007

The Social Security (Contributions) (Amendment No. 5) Regulations 2007

Source: www.opsi.gov.uk

Commissioners for Revenue and Customs v. Thorn Baker Ltd., Paradise and Another interested parties – Times Law Reports

No sick pay for short-term agency worker

Commissioners for Revenue and Customs v. Thorn Baker Ltd., Paradise and Another interested parties

“An agency worker who had entered into a contract of service for a period of less than three months was not entitled to statutory sick pay.”

The Times, 27th 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.

McLaughlin v. Governor of the Cayman Islands – Times Law Reports

Void dismissal entitles officeholder to full salary and pension rights

McLaughlin v. Governor of the Cayman Islands

“Where a court of competent jurisdiction had held that a decision to dismiss a public office holder was void, the officeholder remained entitled to his full salary and pension rights until such time as his tenure of office was lawfully ended.”

The Times, 27th 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.

R (Madan) v. Secretary of State for the Home Department – WLR Daily

R (Madan) v. Secretary of State for the Home Department: R (Kapoor) v. Secretary of State for the Home Department [2007] EWCA 770 

“The Court of Appeal emphasised the importance of making prompt applications for judicial review against deportation decisions and stated the principles to be followed in future cases.”

WLR Daily, 25th 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 (F (Mongolia)) v. Secretary of State for the Home Department – WLR Daily

R (F (Mongolia)) v. Secretary of State for the Home Department [2007] EWCA Civ 769 

“Judicial review remained unavailable in respect of the refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge’s decision.”

WLR Daily, 25th 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.

Lewisham London Borough Council v. Malcolm (Disability Rights Commission intervening) – WLR Daily

Lewisham London Borough Council v. Malcolm (Disability Rights Commission intervening) [2007] EWCA Civ 763 

“A landlord, in bringing proceedings for possession against a tenant who had unlawfully sublet his premises, unlawfully discriminated against the tenant since the tenant had a mental impairment which had a ‘substantial effect on his ability to carry out normal day-to-day activities’ so that he was disabled for the purposes of s 1(1) of the Disability Discrimination Act 1995.”

WLR Daily, 25th 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.

In re Leeds United Association Football Club Ltd. – WLR Daily

In re Leeds United Association Football Club Ltd. [2007] EWHC 1761 (Ch) 

“Damages for wrongful dismissal were not payable in priority to other expenses pursuant to para 99(4) to (6) of Sch B1 to the Insolvency Act 1986.”

WLR Daily, 25th 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.

OFT launches test case on unauthorised overdraft charges – Government News Network

“The OFT will tomorrow commence proceedings in the High Court for a declaration on the application of the law in respect of unauthorised overdraft charges.”

Full story

Office of Fair Trading press release, 26th July 2007

Source: www.gnn.gov.uk

Huge boost for women and carers as Pensions Act 2007 becomes law – Wired-GOV

“Women and carers received a huge boost today thanks to the reforms to the state pension system in the Pensions Act 2007, which has received Royal Assent.”

Full story

Department for Work and Pensions press release, 26th July 2007

Source: www.wired-gov.net

Legal battle for right to die man – BBC News

“A man who had intended to end his life by the time of his 48th birthday has delayed it because of legal wrangles.”

Full story

BBC News, 26th July 2007

Source: www.bbc.co.uk

BME judicial review withdrawn – Law Society’s Gazette

“The Black Solicitors Network (BSN) and the Society of Asian Lawyers (SAL) have withdrawn their joint judicial review action over the government’s legal aid reforms.”

Full story

Law Society’s Gazette, 26th July 2007

Source: www.lawgazette.co.uk

Costs of creating the Ministry of Justice up to 31 May 2007 – Ministry of Justice

“The costs of creating the Ministry of Justice up to 31 May 2007.  They include policy costs, IT costs, project management costs, commercial costs, estates costs, communications costs, human resources costs, private office costs and committed expenditure.”

Costs of creating the Ministry of Justice up to 31 May 2007 (PDF)

Mininstry of Justice, 26th July 2007

Source: www.justice.gov.uk

New law to prevent forced marriage – Ministry of Justice

“Legislation aimed at protecting the victims of forced marriages and preventing them from taking place has received Royal Assent, the Ministry of Justice announced today.”

Full story

Ministry of Justice press release, 26th July 2007

Source: www.justice.gov.uk

CPS advocates launch appeals over quality grades – Law Society’s Gazette

“Nearly 20% of external applicants for Crown Prosecution Service (CPS) advocacy work in the capital have appealed against the skills and experience grades they have been awarded as part of a new quality assurance and monitoring scheme, the Gazette has learned.”

Full story

Law Society’s Gazette, 26th July 2007

Source: www.lawgazette.co.uk

Asbos mean failure, says minister – BBC News

“Children’s Secretary Ed Balls has said he wants to end the era of anti-social behaviour orders (Asbos) saying every one that is issued is a ‘failure’.”

Full story

BBC News, 27th July 2007

Source: www.bbc.co.uk

Child abuse report urges refocus – BBC News

“More should be done by the government to stop child abuse before it happens rather than focusing on protecting abused children, a report says.”

Full story

BBC News, 26th July 2007

Source: www.bbc.co.uk

Ministers blasted over treatment of judiciary – The Times

“Government ministers were castigated today over their ‘bungled’ creation of the Ministry of Justice and ‘insensitive’ treatment of judges in two separate Parliamentary reports.”

Full story

The Times, 26th July 2007

Source: www.timesonline.co.uk  

Data retention law passed in UK – OUT-LAW.com

“UK telecoms companies will have to keep phone call logs for a year under a new law to come into force in October. The law does not apply to records of internet activity, such as web surfing, email and Voice over Internet Protocol (VoIP) phone calls.”

Full story

OUT-LAW.com, 27th July 2007

Source: www.out-law.com

New money laundering rules will lead to more red tape, law firms warn – The Times

“Regulations set to come into force in December will be costly and could lead to a drop in competitiveness, according to a survey.”

Full story

The Times, 26th July 2007

Source: www.timesonline.co.uk

Corporate Manslaughter and Corporate Homicide Act gains approval – The Lawyer

“The Corporate Manslaughter and Corporate Homicide Act received its Royal Assent today (26 July) after 10 years of campaigning by unions and pressure groups.”

Full story

The Lawyer, 26th July 2007

Source: www.thelawyer.com

Surrogate mother must return boy – BBC News

“Appeal judges have ordered a surrogate mother who refused to give up her baby boy to return the child to his father.”

Full story

BBC News, 26th July 2007

Source: www.bbc.co.uk

How to get divorced without losing your shirt – The Times

“Marriage on the rocks? Two big money divorce lawyers tell you 20 ways to make the split less painful.”

Full story

The Times, 26th July 2007

Source: www.timesonline.co.uk

Catch-all Heathrow protest injunction could bar millions – The Guardian

“Heathrow airport is targeting climate change activists with a sweeping injunction which could prevent members of the RSPB and the National Trust, plus millions more affiliated to environmental organisations, from attending a green protest.”

Full story

The Guardian, 27th July 2007

Source: www.guardian.co.uk

Family businesses to lose out in tax review – The Times

“Hundreds of thousands of small businesses and family partnerships will be forced to pay more tax under reforms proposed by the Government today.”

Full story

The Times, 26th July 2007

Source: www.timesonline.co.uk  

Attorney general outlines ways to reform her job – The Guardian

“The attorney general’s legal advice could be made public and the attorney could lose the right to take prosecution decisions under a range of options for radical reform of the job outlined by the government yesterday.”

Full story

The Guardian, 27th July 2007

Source: www.guardian.co.uk

Legal basis for war may be disclosed in future – The Times

“The Attorney-General could in future have to explain before Parliament the legal basis for going to war, under reforms proposed yesterday. He or she could also give up any role in deciding prosecutions.”

Full story

The Times, 26th July 2007

Source: www.timesonline.co.uk

Tutor sent to jail over ID fraud – BBC News

“A university tutor who taught students about computer security and identity theft has been jailed for two years for identity fraud offences.”

Full story

BBC News, 26th July 2007

Source: www.bbc.co.uk

Tears as Shambo is led to slaughter – Daily Telegraph

“Police officers armed with bolt cutters had to be called in last night to help government officials seize Shambo, the sacred Hindu bullock wanted for slaughter.”

Full story

Daily Telegraph, 27th July 2007

Source: www.telegraph.co.uk

Deadline set for decision on fate of Guantanamo inmate – The Independent

“The High Court set a deadline yesterday for Jacqui Smith, the Home Secretary, to decide whether a terrorist suspect held at Guantanamo prison should be allowed back into the Britain.”

Full story

The Independent, 27th July 2007

Source: www.independent.co.uk

High court to hear test case on ‘illegal’ banking charges – The Guardian

“Britain’s high street banks and the main consumer watchdog will today go to court to seek a test-case ruling aimed at resolving the uncertainty over ‘illegal’ bank penalty charges.”

Full story

The Guardian, 27th July 2007

Source: www.guardian.co.uk

‘Rape claim’ father of twins goes to court over his parental rights – The Times

“A man accused of drugging and raping a woman, and getting her pregnant with twins, is fighting for access to the children.”

Full story

The Times, 27th July 2007

Source: www.timesonline.co.uk


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