May 2008 – Page 21 – Current Awareness

Regina (Warden and Fellows of Winchester College and Another) v Hampshire County Council – Times Law Reports

Posted May 8th, 2008 in law reports, rights of way by sally

Regina (Warden and Fellows of Winchester College and Another) v Hampshire County Council

Court of Appeal

“Statutory requirements governing the making of an application to change the status of a right of way were to be adhered to strictly.”

The Times, 8th May 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 v Ibrahim and Others – Times Law Reports

Posted May 8th, 2008 in evidence, law reports, police interviews, terrorism by sally

Regina v Ibrahim and Others

Court of Appeal (Criminal Division)

“Evidence obtained during safety interviews held with a defendant in the absence of his solicitor was admissible at his subsequent trial subject to the ordinary principles governing a fair trial and excluding unfair evidence.”

The Times, 8th May 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.

Children and Adoption Act 2006 – Court Rules – Ministry of Justice

Posted May 8th, 2008 in consultations, contact orders, family courts by sally

“This consultation seeks views on draft court rules and forms to support the implementation of the remaining provisions of the Children and Adoption Act 2006. These enable courts to use contact activities to help resolve child contact disputes and give them more flexible powers to enforce contact orders.”

Full story

Ministry of Justice, 7th May 2008

Source: www.justice.gov.uk

The Supreme Court and Other Constitutional Changes in the UK – Speech by Lord Phillips of Worth Matravers

Posted May 8th, 2008 in constitutional law, courts, speeches by sally

The Supreme Court and Other Constitutional Changes in the UK (PDF)

Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales

Address to members of the Royal Court, The Jersey Law Society, and members of the States of Jersey, 2nd May 2008

Source: www.judiciary.gov.uk

Fraser v Judicial and Legal Services Commission and another – WLR Daily

Posted May 8th, 2008 in constitutional law, law reports, magistrates, Saint Lucia by sally

Fraser v Judicial and Legal Services Commission and another [2008] UKPC 25; [2008] WLR (D) 139

“A magistrate, on a fixed term appointment in Saint Lucia, enjoyed the same constitutional rights against summary dismissal as a member of the higher judiciary, regardless of any contractual term to the contrary.”

WLR Daily, 7th May 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.

BAILII: Recent Decisions

Posted May 8th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Kempster, R v [2008] EWCA Crim 975 (07 May 2008)

Court of Appeal (Civil Division)

Seele Austria GmbH & Co KG v Tokio Marine Europe Insurance Ltd [2008] EWCA Civ 441 (07 May 2008)

Secretary of State for the Home Department v Lord Alton of Liverpool & Ors [2008] EWCA Civ 443 (07 May 2008)

Murray v Big Pictures (UK) Ltd [2008] EWCA Civ 446 (07 May 2008)

Arnup v MW White Ltd. [2008] EWCA Civ 447 (07 May 2008)

High Court (Chancery Division)

Walbrook Trustees (Jersey) Ltd & Ors v William Fattal & Ors [2008] EWHC 991 (Ch) (07 May 2008)

High Court (Queen’s Bench Division)

Isle of Anglesey County Council & Anor v Welsh Ministers & Ors [2008] EWHC 921 (QB) (06 May 2008)

High Court (Administrative Court)

Warren, R (on the application of) v Her Majesty’s Assistant Coroner for Northamptonshire [2008] EWHC 966 (Admin) (29 April 2008)

X v An NHS Trust [2008] EWHC 986 (Admin) (07 May 2008)

High Court (Patents Court)

Abbott Laboratories Ltd v Evysio Medical Devices ULC [2008] EWHC 800 (Pat) (21 April 2008)

Source: www.bailii.org

Rock shareholders begin legal bid – BBC News

Posted May 8th, 2008 in banking, compensation, nationalisation, news by sally

“Shareholders in nationalised bank Northern Rock are launching a court challenge over compensation they are due to receive.”

Full story

BBC News, 8th May 2008

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted May 8th, 2008 in legislation by sally

The Extradition Act 2003 (Amendment to Designations) Order 2008

The Mental Health (Nurses) (England) Order 2008

The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008

The Disabled Facilities Grants (Maximum Amounts and Additional Purposes) (England) Order 2008

The Housing Renewal Grants (Amendment) (England) Regulations 2008

The Mental Health (Mutual Recognition) Regulations 2008

The Mental Health (Conflicts of Interest) (England) Regulations 2008

The Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008

The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008

The British Overseas Territories Citizenship (Designated Service) (Amendment) Order 2008

Source: www.opsi.gov.uk

Schillings wins Appeal Court victory for author JK Rowling – The Lawyer

Posted May 8th, 2008 in children, media, news, privacy by sally

“Media law firm Schillings scored a victory in the Court of Appeal today (7 May), which held that the privacy of client and Harry Potter author JK Rowlings’ five-year-old son had been infringed.”

Full story

The Lawyer, 7th May 2008

Source: www.thelawyer.com

Paediatrician to face GMC again – BBC News

Posted May 8th, 2008 in doctors, news, professional conduct by sally

“The General Medical Council is due to begin a new investigation into the work of paediatrician David Southall.”

Full story

BBC News, 8th May 2008

Source: www.bbc.co.uk

Plan to increase abortion sites – BBC News

Posted May 7th, 2008 in abortion, news by sally

“A consultation is to be launched over whether to relax abortion rules by allowing terminations outside hospital settings in England, ministers say.”

Full story

BBC News, 7th May 2008

Source: www.bbc.co.uk

Barrister shot dead in London police siege – The Guardian

Posted May 7th, 2008 in firearms, news, police by sally

“A gunman shot dead after repeatedly opening fire on police during a five-hour stand-off in an exclusive west London square has been named locally as a practising barrister who may also have recently served in the British army.”

Full story

The Guardian, 7th May 2008

Source: www.guardian.co.uk

How did no-win no-fee change things? – BBC News Magazine

Posted May 7th, 2008 in fees, special report by sally

“It’s a decade since no-win no-fee rules were extended to most civil court cases, but what change has the now notorious “conditional fee agreement” brought?”

Full story

BBC News Magazine, 7th May 2008

Source: www.bbc.co.uk

Cannabis laws to be strengthened – The Independent

Posted May 7th, 2008 in drug offences, news by sally

” Jacqui Smith defied the Government’s own experts today by announcing that laws on cannabis will be toughened up.”

Full story

The Independent, 7th May 2008

Source: www.independent.co.uk

UK’s ‘terror’ ban appeal denied – BBC News

Posted May 7th, 2008 in news, proscribed organisations, terrorism by sally

“The government has been denied permission to challenge an order that it take an Iranian opposition group off a list of banned terror organisations.”

Full story

BBC News, 7th May 2008

Source: www.bbc.co.uk

Boris bans alcohol on buses and tube – The Independent

Posted May 7th, 2008 in alcohol abuse, London, news, transport by sally

” New London Mayor Boris Johnson today announced an alcohol ban on transport in the capital.”

Full story

The Independent, 7th May 2008

Source: www.independent.co.uk

New national reoffending measures – a guide – Ministry of Justice

Posted May 7th, 2008 in crime, news, recidivists, statistics by sally

“An explanation of changes to the way the government is measuring reoffending rates.”

Full story

Ministry of Justice, 7th May 2008

Source: www.justice.gov.uk

Lords linger over extreme porn definition – The Register

Posted May 7th, 2008 in parliament, pornography, special report by sally

“The camel that is the UK Government’s answer to what it terms ‘extreme porn’ lumbers onward. Although, by the time it escaped the Lords last week it really was beginning to look like a particularly moth-eaten dromedary.”

Full story

The Register, 5th May 2008

Source: www.theregister.co.uk