April 2008 – Page 22 – Current Awareness

Shepherds Bush Housing Association v Porter – Times Law Reports

Posted April 2nd, 2008 in housing, law reports, trespass by sally

Shepherds Bush Housing Association v Porter

Court of Appeal

“A tolerated trespasser could not seek the discretion of the court to revise a possession order made under the Housing Act 1985 suspended on terms, or to vary the terms, or to extend time to comply with the terms.”

The Times, 2nd April 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.

Lambeth London Borough Council v TK and Another – Times Law Reports

Posted April 2nd, 2008 in children, law reports by sally

Lambeth London Borough Council v TK and Another

Court of Appeal

“When, in family proceedings, a court had made a direction under section 37 of the Children Act 1989 that a local authority should investigate the circumstances of a person claiming to be a child and, in response, the local authority concluded that the person was not a child, the court had power to order a fact-finding hearing to determine the issue.”

The Times, 2nd April 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.

M. and J. Polymers Ltd v Imerys Minerals Ltd – Times Law Reports

Posted April 2nd, 2008 in contracts, law reports, penalties, sale of goods by sally

M. and J. Polymers Ltd v Imerys Minerals Ltd

Queen’s Bench Division

“A take-or-pay clause in a supply contract could, as a matter of principle, amount to a penalty.”

The Times, 2nd April 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.

Cabinet split emerges over 42 day detention – The Guardian

Posted April 2nd, 2008 in detention, news, terrorism by sally

“The first signs of a high-level Cabinet split over proposals to extend suspects’ detention to 42 days emerged yesterday as the government faced criticism from Labour backbenchers. Gordon Brown has been counselled by senior colleagues that there is no real need to push ahead with the extension, adding to the pressure from leading figures in the judiciary, including the director of public prosecutions, Sir Ken Macdonald.”

Full story

The Guardian, 2nd April 2008

Source: www.guardian.co.uk

80 prosecuted since smoking ban – BBC News

Posted April 2nd, 2008 in news, prosecutions, smoking, Wales by sally

“Seventy nine people and one business have been prosecuted for flouting the smoking ban in the year since it was introduced in Wales, figures show.”

Full story

BBC News, 2nd April 2008

Source: www.bbc.co.uk

Straw confirms expansion of dedicated drugs courts – Ministry of Justice

Posted April 2nd, 2008 in courts, drug offences, press releases by sally

“Jack Straw has confirmed that drug courts, dedicated to tackling drug misuse and related crime, are to be extended to up to four more magistrates’ courts.”

Full story

Ministry of Justice, 1st April 2008

Source: www.justice.gov.uk

Coroner accuses Paul Burrell, Diana’s butler, of blindingly obvious deceit – The Times

Posted April 2nd, 2008 in inquests, news, royal family by sally

“Paul Burrell, the butler and self-styled ‘rock’ of Diana, Princess of Wales, was once a loyal servant of the Crown but ‘cashed in’ on his experience, the coroner said at her inquest yesterday.”

Full story

The Times, 2nd April 2008

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted April 1st, 2008 in legislation by sally

The Guardian’s Allowance Up-rating Regulations 2008

The Income Tax (Payments on Account) (Amendment) Regulations 2008

The Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008

The Employment and Support Allowance (Transitional Provisions) Regulations 2008

The Employment and Support Allowance Regulations 2008

The Local Government and Public Involvement in Health Act 2007 (Commencement No.5 and Transitional, Saving and Transitory Provision) Order 2008

The Statistics and Registration Service Act 2007 (Commencement No. 2 and Transitional Provision) Order 2008

The Income Tax (Professional Fees) Order 2008

The A456 Trunk Road (Detrunking) Order 2008

The Tax Credits Up-rating Regulations 2008

The Child Benefit Up-rating Order 2008

The Guardian’s Allowance Up-rating Order 2008

The Guardian’s Allowance Up-rating (Northern Ireland) Order 2008

Source: www.opsi.gov.uk

Email halts Diana inquest summing-up – The Independent

Posted April 1st, 2008 in inquests, news, royal family by sally

“The inquest into the death of Diana, Princess of Wales hit a last-minute glitch today, hours before it was due to conclude, after the discovery of potentially new evidence.”

Full story

The Independent, 1st April 2008

Source: www.independent.co.uk

Lord Phillips of Worth Matravers appointed as Senior Lord of Appeal in Ordinary – 10 Downing Street

Posted April 1st, 2008 in judges, news by sally

“The Queen has been pleased to approve that The Right Honourable the Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales, be appointed Senior Lord of Appeal in Ordinary, in succession to the Right Honourable The Lord Bingham of Cornhill KG, who retires on 30 September 2008.”

Full story

10 Downing Street, 1st April 2008

Source: www.pm.gov.uk

Dedicated drug court pilots: a process report – Ministry of Justice

Posted April 1st, 2008 in courts, drug offences, reports by sally

“In December 2005, the then Department of Constitutional Affairs announced a commitment to pilot Dedicated Drug Courts as part of the government’s agenda to reduce drug-related crime.

Matrix Knowledge Group has produced an independent process evaluation of the pilots in England and Wales: Leeds Magistrates’ Court and West London Magistrates’ Court.”

Dedicated drug court pilots – a process report (PDF)

Ministry of Justice, 31st March 2008

Source: www.justice.gov.uk

Business faces Corporate Manslaughter Act – BBC News

Posted April 1st, 2008 in corporate manslaughter, health & safety, news by sally

“A new era of health and safety regulation for businesses, which could face considerable penalties if they are found guilty of the offence, is being ushered in on 6 April when the Corporate Manslaughter and Corporate Homicide Act comes into force.”

Full story

BBC News, 31st March 2008

Source: www.bbc.co.uk

Hoax 999 caller jailed for 40-year campaign – Daily Telegraph

Posted April 1st, 2008 in news, nuisance by sally

“An unemployed man described as Britain’s worst serial hoaxer has been jailed following a 40-year campaign of prank 999 calls estimated to have cost the taxpayer more than £1 million.”

Full story

Daily Telegraph, 1st April 2008

Source: www.telegraph.co.uk

The Lord Chief Justice’s Review of the Administration of Justice in the Courts – Judiciary of England and Wales

Posted April 1st, 2008 in courts, reports by sally

The Lord Chief Justice’s Review of the Administration of Justice in the Courts (PDF)

Judiciary of England and Wales, 31st March 2008

Source: www.judiciary.gov.uk

Lauren Holden, who invented an evil stalker named Casanova, is spared jail – The Times

Posted April 1st, 2008 in harassment, news, police by sally

“A fantasist who wasted 235 hours of police time when she invented a sinister stalker named Casanova has been given a suspended prison sentence.”

Full story

The Times, 1st April 2008

Source: www.timesonline.co.uk

DPP Sir Ken Macdonald: Detaining terror suspects for over four weeks is not needed – The Times

Posted April 1st, 2008 in detention, news, terrorism by sally

“Powers to allow terrorist suspects to be detained without charge for 42 days are not needed and are unlikely to find favour with the judges who would have to approve them, the Director of Public Prosecutions said yesterday.”

Full story

The Times, 1st April 2008

Source: www.timesonline.co.uk

PM seeks retreat on bill to outlaw press spying – The Guardian

Posted April 1st, 2008 in data protection, media, news by sally

“Gordon Brown has demanded the scrapping of longstanding plans for a clampdown on newspapers that illegally buy personal data, such as health, bank and telephone records, the Guardian has learned. This has provoked criticism that he has bowed to pressure from the media.”

Full story

The Guardian, 1st April 2008

Source: www.guardian.co.uk

Who will become head of the first United Kingdom supreme court? – The Times

Posted April 1st, 2008 in courts, judiciary, news by sally

“A far-reaching reshuffle of top judicial posts is about to be triggered with the announcement of the next senior law lord, or top judge in the highest court of the land. The post is key because that person will become head of the first United Kingdom supreme court when it opens its doors for business in October next year.”

Full story

The Times, 1st April 2008

Source: www.timesonline.co.uk

Terrified, humiliated – and innocent: the evidence against 42-day detention – The Independent

Posted April 1st, 2008 in detention, special report, terrorism by sally

“A young Muslim woman has spoken about the appalling conditions she had to endure when she was held for 12 days without charge by police using existing powers to detain suspects in terrorist cases.”

Full story

The Independent, 1st April 2008

Source: www.independent.co.uk