Archive for June 9th, 2009

Recent Statutory Instruments – OPSI

The Asian Development Bank (Ninth Replenishment of the Asian Development Fund) Order 2009

The Legal Services Act 2007 (Commencement No. 5, Transitory and Transitional Provisions) Order 2009

The FCO Services Trading Fund (Variation) Order 2009

The Audit Commission for Local Authorities and the National Health Service in England (Specified Organisations) (England) Order 2009

The Gas and Electricity (Dispute Resolution) Regulations 2009

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

The Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009

The European Communities (Definition of Treaties) (Cariforum Economic Partnership Agreement) Order 2009

The Work and Families (Increase of Maximum Amount) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Shah v Ul-Haq & Ors [2009] EWCA Civ 542 (09 June 2009)

Baker v Quantum Clothing Group & Ors [2009] EWCA Civ B12 (05 June 2009)

Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490 (09 June 2009)

High Court (Commercial Court)

Webster Thompson Ltd v J G Pears (Newark) Ltd & Ors [2009] EWHC 1070 (Comm) (18 May 2009)

High Court (Patents Court)

Folding Attic Stairs Ltd v The Loft Stairs Company Ltd & Anor [2009] EWHC 1221 (Pat) (09 June 2009)

Source: www.bailii.org

Jack Straw accused of passing buck over French student murders – The Guardian

“David Scott, the chief probation officer who resigned over the murder of two French students by a convicted violent criminal and his accomplice, has launched a scathing attack on the justice secretary, Jack Straw.”

Full story

The Guardian, 9th June 2009

Source: www.guardian.co.uk

Murder pleas ‘had to be dropped’ – BBC News

“Two brothers convicted of killing a bank chief expected to face a murder trial until their court case started.”

Full story

BBC News, 9th June 2009

Source: www.bbc.co.uk

Time spent in error counts towards FOI rejections, says Information Tribunal – OUT-LAW.com

“An organisation is allowed to count time spent on errors in calculating when it can refuse a Freedom Of Information (FOI) Act request, the Information Tribunal has ruled.”

Full story

OUT-LAW.com, 9th June 2009

Source: www.out-law.com

Hacker ‘too fragile’ to extradite – BBC News

“A British computer hacker who targeted Nasa should be tried in the UK not the US because his mental state is so fragile, the High Court has heard.”

Full story

BBC News, 9th June 2009

Source: www.bbc.co.uk

Proposed reforms help most in need and deliver significant savings – Ministry of Justice

“Plans to divert more legal aid funds to those most in need while delivering better value for taxpayers’ money are on track following the publication of the government’s response to a consultation on Crown Court means testing and Central Funds reforms.”

Full story

Ministry of Justice, 8th June 2009

Source: www.justice.gov.uk

AB and others v Ministry of Defence – WLR Daily

AB and others v Ministry of Defence [2009] EWHC 1225 (QB); [2009] WLR (D) 174

“In relation to a group action the issue as to when a claimant had “knowledge” for the purposes of ss 12 and 14 of the Limitation Act 1980 was primarily one of fact The state of the claimant’s belief was to be considered, as also whether he thought it necessary to refer his belief to experts, medical or legal, or others. In relation to words used by a witness when being asked about his state of mind at a particular time in the past, his actions (or inactions) at the time about which he was being asked might require the words used or accepted in evidence to be viewed with circumspection.”

WLR Daily, 8th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

Defendants must help pay own legal fees, government announces – The Guardian

“Defendants in some serious criminal ­trials including cases of murder, manslaughter and rape will have to contribute to their own legal fees under plans announced by the ­government today.”

Full story

The Guardian, 8th June 2009

Source: www.guardian.co.uk

Cherie Booth turns mediator to cut legal costs for companies – The Times

“Cherie Booth, QC, and Lord Woolf, the former Lord Chief Justice, will spearhead a new scheme today aimed at saving big companies millions of pounds in legal costs by settling disputes out of court.”

Full story

The Times, 9th June 2009

Source: www.timesonline.co.uk

Man jailed over erectile dysfunction drugs – The Independent

“A former bankrupt businessman who funded a luxury lifestyle by selling millions of pounds worth of unlicensed Viagra-like drugs over the internet was jailed for two years yesterday.”

Full story

The Independent, 9th June 2009

Source: www.independent.co.uk

Fertility doctor Mohamed Taranissi awarded libel settlement with BBC – The Times

“The BBC faces a multimillion-pound legal bill after settling a libel battle with one of Britain’s most successful fertility doctors.”

Full story

The Times, 9th June 2009

Source: www.timesonline.co.uk

Judge accused of using racial slur against gypsies – Daily Telegraph

“A judge has been accused of using a ‘racial slur’ against gypsies while sentencing a conman, who he said had ‘gypped’ a student out of money.”

Full story

Daily Telegraph, 9th June 2009

Source: www.telegraph.co.uk

DNA policy ‘stigmatises children’ – BBC News

“DNA samples are being taken from children in a London borough at the rate of nearly one a day, figures show.”

Full story

BBC News, 8th June 2009

Source: www.bbc.co.uk

Justice at last for the 29 victims of Omagh bombing – The Independent

“A landmark legal victory for relatives of victims of the Omagh bombing could open the way for those bereaved in London’s 7/7 attacks to sue the perpetrators for damages, it was claimed yesterday.”

Full story

The Independent, 9th June 2009

Source: www.independent.co.uk


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