Recent Statutory Instruments – OPSI

Posted March 25th, 2008 in legislation by sally

The Street Works (Fixed Penalty) (Wales) (Amendment) Regulations 2008

The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2008

The Education (Assisted Places) (Amendment) (Wales) Regulations 2008

The Education (Assisted Places) (Incidental Expenses) (Amendment) (Wales) Regulations 2008

The Control of Salmonella in Poultry (Wales) Order 2008

The Honey (Wales) (Amendment) Regulations 2008

The Control of School Premises (Wales) (Amendment) Regulations 2008

The Local Authorities (Capital Finance and Accounting) (Wales) (Amendment) Regulations 2008

The Street Works (Inspection Fees) (Wales) (Amendment) Regulations 2008

The European Grouping of Territorial Cooperation (Amendment) Regulations 2008

The Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2008

The Insolvency (Amendment) Rules 2008

The Non-automatic Weighing Instruments (Amendment) Regulations 2008

The Companies (Tables A to F) (Amendment) Regulations 2008

The Regional Learning and Skills Councils Regulations 2008

The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 3) Order 2008

The Charities Act 2006 (Commencement No. 3, Transitional Provisions and Savings) Order 2008

The Wireless Telegraphy (Licence Award) Regulations 2008

The East Suffolk Internal Drainage Board Order 2008

The Children Act 2004 (Commencement No. 9) Order 2008

The Hydrocarbon Oil, Biofuels and Other Fuel Substitutes (Determination of Composition of a Substance and Miscellaneous Amendments) Regulations 2008

The Serious Crime Act 2007 (Commencement No. 2 and Transitional and Transitory Provisions and Savings) Order 2008

The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) (Amendment) Order 2008

The Social Security (Jobcentre Plus Interviews for Partners) Amendment Regulations 2008

The Landfill Tax (Amendment) Regulations 2008

CJC pushes for overhaul of UK class action system – The Lawyer

Posted March 25th, 2008 in class actions, news by sally

“Procedures governing group actions could be overhauled to improve access to justice, the Civil Justice Council (CJC) has told The Lawyer.”

Full story

The Lawyer, 24th March 2008

Source: www.thelawyer.com

Pensions Regulator gets tough on conflicts – The Lawyer

Posted March 25th, 2008 in law firms, news, pensions by sally

“Firms with burgeoning pensions practices could face a threat to their client lists under conflicts of interest guidance set out by the Government’s Pensions Regulator.”

Full story

The Lawyer, 24th March 2008

Source: www.thelawyer.com

Civil Serf blogger faces disciplinary action – OUT-LAW.com

Posted March 25th, 2008 in civil servants, internet, news by sally

“A senior civil servant who detailed the inner workings of Government has reportedly been suspended pending an investigation into her conduct. The author of the popular Civil Serf blog is reported to have confessed to a Government investigating team.”

Full story

OUT-LAW.com, 20th March 2008

Source: www.out-law.com

Web business closed after site fails to appear – OUT-LAW.com

Posted March 25th, 2008 in internet, news by sally

“A company behind a non-existent crime awareness website has been closed after a Government investigation into its business.”

Full story

OUT-LAW.com, 25th March 2008

Source: www.out-law.com

Free law pioneer will publish vital precedents free for the first time – OUT-LAW.com

Posted March 25th, 2008 in internet, law reports, news, publishing by sally

“A free law publication charity will publish the UK’s 3,000 most important legal decisions freely for the first time by June. The project will involve publishing vital rulings, dating back to the nineteenth century, on which UK common law is based.”

Full story

OUT-LAW.com, 20th March 2008

Source: www.out-law.com

Care proceedings reforms – Ministry of Justice

Posted March 25th, 2008 in care orders, family courts, press releases by sally

“The government is implementing key reforms to the child care proceedings system in England and Wales, following a review of the system completed in 2006.”

Full press release

Ministry of Justice, 19th March 2008

Source: www.justice.gov.uk

Review of the use of restraint in juvenile secure settings – Ministry of Justice

Posted March 25th, 2008 in press releases, restraint, young offenders by sally

“Justice Minister David Hanson has made a written ministerial statement on the review of the use of restraint in juvenile secure settings.”

Full press release

Ministry of Justice, 20th March 2008

Source: www.justice.gov.uk

Solicitor General speech: CPS – racist and religious crimes – Attorney General’s Office

Posted March 25th, 2008 in Crown Prosecution Service, racism, speeches by sally

“Speech by Vera Baird, Solicitor General, for the CPS Racist and Religious Crimes Policy Refresh, at the Mermaid Conference and Event Centre, London 19 March 2008.”

Full speech

Attorney General’s Office, 19th March 2008

Source: www.attorneygeneral.gov.uk

Prosecutors’ Investigation Code of Practice – Attorney General’s Office

Posted March 25th, 2008 in codes of practice, consultations, proceeds of crime, prosecutions by sally

The purpose of this paper is to seek stakeholder views on the proposed Code of Practice which provides guidance to the specified prosecuting authorities in England, Wales and Northern Ireland on the use of the powers of investigation which are provided by POCA.”

Full consultation

Attorney General’s Office, 19th March 2008

Source: www.attorneygeneral.gov.uk

BSB moves to strengthen chamber’s complaints handling – Bar Standards Board

Posted March 25th, 2008 in barristers, complaints, press releases by sally

“The way in which chambers handle complaints is set to change after the Bar Standards Board (BSB) approved a set of important new measures designed to improve chambers’ complaints handling.”

Full press release

Bar Standards Board, 18th March 2008

Source: www.barstandardsboard.org.uk

R v Ngyuen – WLR Daily

Posted March 25th, 2008 in bad character, evidence, law reports by sally

R v Ngyuen [2008] EWCA Crim 585; [2008] WLR (D) 94

The mere fact that the Crown chose to rely on bad character evidence which it had decided not to make the subject of a criminal charge could not of itself have such an adverse effect on the fairness of the proceedings that the court ought not to admit that evidence.”

WLR Daily, 20th March 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.

Lichter & Schwarz (a partnership) v Rubin – WLR Daily

Posted March 25th, 2008 in disclosure, freezing injunctions, law reports by sally

Lichter & Schwarz (a partnership) v Rubin [2008] EWHC 450 (Ch D); [2008] WLR (D) 93

On an interim application for the disclosure of ‘information about relevant property or assets which are or may be the subject of an application for a freezing injunction’ pursuant to CPR r 25.1(1)(g), it was only necessary to show that a freezing order could be applied for and whether or not that application would be successful was not a matter on which the court could form a view at that stage; it need only be satisfied that there were credible grounds for making an application if so advised.”

WLR Daily, 20th March 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.

Westminster City Council v IC (a protected party by his litigation friend) and others – WLR Daily

Posted March 25th, 2008 in conflict of laws, disabled persons, jurisdiction, law reports, marriage by sally

Westminster City Council v IC (a protected party by his litigation friend) and others [2008] EWCA Civ 198; [2008] WLR (D) 92

A judge did not have jurisdiction to make a declaration that a marriage based on lack of consent was not valid under English law, since such a marriage was voidable and not void ab intitio. The judge should have declared that the marriage was not recognised as a valid marriage in this jurisdiction.”

WLR Daily, 20th March 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.

Wakefield Metropolitan District Council v T – WLR Daily

Posted March 25th, 2008 in children, law reports, supervision orders by sally

Wakefield Metropolitan District Council v T [2008] EWCA Civ 199; [2008] WLR (D) 91

A supervision order made pursuant to s 31 of and para 6 of Sch 3 to the Children Act 1989 had an initial life of 12 months and could be extended for a further two years maximum.”

WLR Daily, 20th March 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.

B v B – WLR Daily

Posted March 25th, 2008 in divorce, law reports by sally

B v B [2008] EWCA Civ 543; [2008] WLR (D) 90

In ancillary relief cases the source and origin of assets was one of the factors that had to be taken into account in determining distribution since the primary objectives of the exercise were fairness and an absence of discrimination between the parties.”

WLR Daily, 20th March 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.

Halabi (a Bankrupt) v Camden London Borough Council and Another – Times Law Reports

Posted March 25th, 2008 in bankruptcy, jurisdiction, law reports by sally

Halabi (a Bankrupt) v Camden London Borough Council and Another

Chancery Division

“The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.”

The Times, 25th March 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.

Omar v Westminster City Council – Times Law Reports

Posted March 25th, 2008 in homelessness, housing, law reports, local government by sally

Omar v Westminster City Council

Court of Appeal

“An officer reviewing a local authority decision that it had discharged its housing duty by offering suitable acccommodation had to examine the facts as they appeared at the date of that decision.”

The Times, 25th March 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.

Giles v Rhind and Another (No 2) – Times Law Reports

Posted March 25th, 2008 in jurisdiction, law reports, limitations by sally

Giles v Rhind and Another (No 2)

Court of Appeal

“The court had power to extend the limitation period where a party, allegedly in breach of duty, had entered into a transaction defrauding creditors.”

The Times, 25th March 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.

Drake v Harbour – Times Law Reports

Posted March 25th, 2008 in causation, law reports, negligence by sally

Drake v Harbour

Court of Appeal

“Where a claimant proved both that a defendant was negligent and that loss ensued which was of a kind likely to have resulted from such negligence, that would ordinarily be enough to enable a court to infer that it was probably so caused, even if the claimant was unable to prove positively the precise mechanism.”

The Times, 24th March 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.