Recent Statutory Instruments – OPSI

Posted January 10th, 2008 in legislation by sally

The European Regional Development Fund (North East Operational Programme) (Implementation) Regulations 2007

The European Regional Development Fund (Yorkshire and the Humber Operational Programme) (Implementation) Regulations 2007

The European Regional Development Fund (West Midlands Operational Programme) (Implementation) Regulations 2007

The General Commissioners and Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2007

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

The Education (School Performance Information) (Wales) (Amendment) Regulations 2007

The Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2007

The Compulsory Purchase (Inquiries Procedure) Rules 2007

The Courts-Martial (Royal Navy) Rules 2007

The Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) (Amendment) Order 2007The Companies (Trading Disclosures) Regulations 2008

Source: www.opsi.gov.uk

Practice Direction (Court Dress) (No 4) – WLR Daily

Posted January 10th, 2008 in court dress, practice directions by sally

Practice Direction (Court Dress) (No 4): [2007] WLR (D) 347

“Solicitors and other advocates with rights of audience have the option to wear wigs in circumstances where they would be worn by members of the Bar.”

WLR Daily, 8th January 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 Miell – WLR Daily

Posted January 10th, 2008 in evidence, law reports, perjury, retrials by sally

R v Miell [2007] EWCA Crim 3130; [2007] WLR(D) 346

“In deciding whether to quash an acquittal, the Court of Appeal (Criminal Division) had to form its own view as to whether the acquitted person’s subsequent guilty plea to perjury at his trial constituted compelling evidence that he had committed the offence charged.”

WLR Daily, 8th January 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.

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) – WLR Daily

Posted January 10th, 2008 in breach of trust, fraud, law reports by sally

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) [2007] EWCA Civ 1382

“The liability of a knowing recipient of money transferred in breach of trust did not depend solely on such receipt in breach of trust but on his retaining the money or paying it away in circumstances where it was unconscionable to do so; therefore, adopting a wide view of s 1 of the Civil Liability (Contribution) Act 1978, the liability to make good the loss could properly be referred to as liability to compensate the party defrauded, and came within the scope of the Act. There was no rule of law or practice that the knowing recipient should bear 100% of the loss; that would impose an unjustified restriction on the discretion conferred by the wide scope of s 2 of the 1978 Act. The matter would depend on the facts of the particular case, which could only be assessed at trial.”

WLR Daily, 8th January 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.

Daily Telegraph Law Reports, 10th January 2008

Posted January 10th, 2008 in law reports by sally

Crane v Canons Leisure Centre

Re G (Abduction: withdrawal of proceedings, acquiescence, habitual residence)

R v XU & Others

Crown Prosecution Service v Brown

R (McKeon) v DPP

Evans v Birmingham & Black Country Strategic HA

Daily Telegraph, 10th January 2008

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are available online for one week only.

Crane v Canons Leisure Centre – Times Law Reports

Posted January 10th, 2008 in costs, fees, law reports, solicitors by sally

Crane v Canons Leisure Centre

Court of Appeal

“When costs consultants were instructed by solicitors to conduct a detailed costs assessment under a collective conditional fee agreement, where the solicitors remained responsible for the proper conduct of the work, the satellite fees were base costs, not disbursements and a success fee was payable on them.”

The Times, 10th January 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.

Regina (Siborurema) v Office of the Independent Adjudicator for Higher Education – Times Law Reports

Posted January 10th, 2008 in complaints, education, law reports by sally

Regina (Siborurema) v Office of the Independent Adjudicator for Higher Education

Court of Appeal

“The Office of the Independent Adjudicator for Higher Education was entitled to take into account the regulations and procedures of a higher education institution against which a student had made a complaint and was not obliged to conduct an investigation into the underlying facts.”

The Times, 10th January 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. 

Consultation sentencing guideline and advice on driving offences – causing death by driving – Sentencing Guidelines Council

Posted January 10th, 2008 in consultations, road traffic offences, sentencing by sally

“The Sentencing Guidelines Council published a consultation guideline on the sentencing of adult offenders convicted of a causing death by driving offence, on 9 January 2008. The Sentencing Advisory Panel also published its advice on this subject on the same day.  The Panel also published the report of research into attitudes to the sentencing of these offences:

Consultation guideline: Causing death by driving

Covering letter for causing death by driving consultation guideline

Advice: Driving offences – causing death by driving

Press notice for causing death by driving consultation guideline and advice

Research report: Attitudes to the sentencing of offences involving death by driving

Sentencing Guidelines Council, 10th January 2008

Source: www.sentencing-guidelines.gov.uk

New Bar Council head Dutton moves to ensure revamped silk round really is an annual event – Legal Week

Posted January 10th, 2008 in news, queen's counsel by sally

“Newly-appointed Bar Council chairman Timothy Dutton QC has called for an improvement in the QC selection process to make sure it is completed annually, warning that an overly bureaucratic system could put candidates off.”

Full story

Legal Week, 10th January 2008

Source: www.legalweek.com

Ministerial compromise averts backbench revolt over repeal of blasphemy offence – The Guardian

Posted January 10th, 2008 in blasphemy, news by sally

“The Church of England gave a cautious welcome last night to the government’s pledge to consult it before taking a final decision on repealing the ancient offence of blasphemy.”

Full story

The Guardian, 10th January 2008

Source: www.guardian.co.uk

Civil servant who leaked rendition secrets goes free – The Guardian

Posted January 10th, 2008 in civil servants, news, official secrets act by sally

“Secrets charges against a Foreign Office civil servant were dramatically dropped at the Old Bailey yesterday after it emerged that senior figures within his own department had privately admitted no harm was done by his leaking a series of Whitehall documents.”

Full story

The Guardian, 10th January 2008

Source: www.guardian.co.uk

Careless drivers who kill face up to three years in jail – The Guardian

Posted January 10th, 2008 in road traffic offences, sentencing by sally

“Motorists who kill through carelessness will face jail sentences for the first time when the new offence of causing death by careless driving comes into force in March or April.”

Full story

The Guardian, 10th January 2008

Source: www.guardian.co.uk

Banks set to fight back against sub-prime law suits – The Times

Posted January 10th, 2008 in banking, news by sally

“Investment banks are facing a wave of litigation bigger than the Enron scandal but are unlikely to roll over this time, lawyers said.”

Full story

The Times, 9th January 2008

Source: www.timesonline.co.uk

‘Neighbour from hell’ is banned by court from living in his own home – The Times

Posted January 10th, 2008 in harassment, news, restraining orders by sally

“A homeowner who terrorised his next-door neighbours for five years has been banned from living and sleeping in his own house in what could be a legal first.”

Full story

The Times, 10th January 2008

Source: www.timesonline.co.uk

UK bank charges hearing to kick-start test case – The Guardian

Posted January 10th, 2008 in banking, news by sally

“A test case on whether British bank charges are legal and fair begins in earnest next week when the High Court hears evidence on the fees in a key phase of a potentially long legal battle.”

Full story

The Guardian, 9th January 2008

Source: www.guardian.co.uk

Brown cooling towards compulsory ID cards, MPs believe – The Guardian

Posted January 10th, 2008 in identity cards, news by sally

“Senior Labour MPs yesterday seized on comments by Gordon Brown to suggest that he intends to shelve a compulsory universal identity card scheme. They interpreted his remarks at prime minister’s questions as a sign that he is cooling towards a compulsory scheme and may instead settle for a scheme that applies to foreign nationals.”

Full story

The Guardian, 10th January 2008

Source: www.guardian.co.uk