Archive for November 4th, 2010

Appeal court ruling clears way for councils to cut social care services – The Guardian

“Local councils have been given the green light by the courts to cut social care services to elderly and disabled people previously assessed by law as needing them.”

Full story

The Guardian, 4th November 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

The Up-rating of Basic Pension etc. (Designated Tax Year) Order 2010

The Reserve Forces Act 1996 (Isle of Man) Regulations 2010

The Reserve Forces Appeal Tribunals (Isle of Man) Rules 2010

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Amendment (No.2) Regulations 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Supreme Court

Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46 (03 November 2010)

Manchester City Council v Pinnock [2010] UKSC 45 (03 November 2010)

Court of Appeal (Civil Division)

Malone & Ors v British Airways Plc [2010] EWCA Civ 1225 (03 November 2010)

High Court (Queen’s Bench Division)

Withers LLP v Harrison [2010] EWHC 2769 (QB) (03 November 2010)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd & Anor [2010] EWHC 2747 (Ch) (29 October 2010)

Source: www.bailii.org

Bar Council to Consult on New CPS Advocates’ Panel – The Bar Council

“The Bar Council, which represents barristers in England and Wales, is today launching a consultation on outline proposals for revising the Crown Prosecution Service’s (CPS) process for the selection of self-employed advocates. The proposals have been drawn up following lengthy discussions between the Bar Council and CPS about the new Panel Scheme which the CPS wishes to introduce.”

Full story

The Bar Council, 3rd November 2010

Source: www.barcouncil.org.uk

Regina (Savva) v Kensington and Chelsea Royal London Borough Council – WLR Daily

Regina (Savva) v Kensington and Chelsea Royal London Borough Council [2010] EWCA Civ 1209; [2010] WLR (D) 275

“When exercising its duty under s 2 of the Chronically Sick and Disabled Persons Act 1970 to make arrangements to meet an individual’s needs, a local authority was entitled to consider what that individual’s needs were in relative terms as the starting point for calculating the personal budget allocated to meet them, and had to give reasons for its decision.”

WLR Daily, 3rd November 2010

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.

Regina v Williams (Jason John) – WLR Daily

Regina v Williams (Jason John) [2010] EWCA Crim 2552; [2010] WLR (D) 274

“As a matter of statutory construction, fault or other blameworthy conduct on the part of the defendant was not required to establish that he was guilty of an offence under s 3ZB of the Road Traffic Act 1988 of causing the death of another person by driving while unlicensed, disqualified or uninsured; and it was sufficient that the driving was a cause of the death, provided that it was a more than negligible or de minimis cause.”

WLR Daily, 3rd November 2010

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.

Judge questions father’s kidnap charge – The Independent

“A judge questioned why a father who grabbed an abusive teenager and made him apologise to younger children following a squabble was charged with kidnapping the youth.”

Full story

The Independent, 3rd November 2010

Source: www.independent.co.uk


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