Month: May 2008

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted May 7th, 2008 in law reports, race discrimination, victimisation by sally

Oyarce v Cheshire County Council (Equality and Human Rights Commission intervening); [2008] WLR (D) 138

“S 54A of the Race Relations Act 1976, which implemented Council Directive 2000/43/EC, on its true construction shifted the burden of proof upon a respondent to disprove discrimination in relation only to a complaint of discrimination and not to a complaint of victimisation.”

WLR Daily, 6th 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.

Recent Statutory Instruments – OPSI

Posted May 7th, 2008 in legislation by sally

The Primary Ophthalmic Services Transitional Provisions Regulations 2008

The Defence Aviation Repair Agency Trading Fund (Revocation) Order 2008

The Primary Ophthalmic Services Regulations 2008

The Air Navigation (Restriction of Flying) (Scottish Highlands) Regulations 2008

The Teesport (Land Acquisition) Order 2008

The General Ophthalmic Services Contracts Regulations 2008

Source: www.opsi.gov.uk

Burden and Another v United Kingdom (Application No 13378/05) – Times Law Reports

Posted May 7th, 2008 in law reports by sally

Burden and Another v United Kingdom (Application No 13378/05)

European Court of Human Rights

“Sisters who shared a house could not be compared to a couple united by law so as to invoke provisions prohibiting discrimination.”

The Times, 7th 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 (Eisai Ltd) v National Institute for Health and Clinical Excellence – Times Law Reports

Posted May 7th, 2008 in law reports, medicines, mental health by sally

Regina (Eisai Ltd) v National Institute for Health and Clinical Excellence

Court of Appeal

“Procedural fairness required the National Institute for Health and Clinical Excellence to release a fully executable version of an economic model to those consulted in the course of an appraisal process and not simply a read-only version. To do otherwise would place drug companies at a significant disadvantage in challenging the reliability of those models.”

The Times, 7th 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.

More lie detectors to curb fraud – BBC News

Posted May 7th, 2008 in benefits, fraud, news by sally

“Fifteen councils across Britain are to be offered lie detectors to help catch out benefit cheats who cost taxpayers up to £400m a year.”

Full story

BBC News, 7th May 2008

Source: www.bbc.co.uk

The Big Question: Are CCTV cameras a waste of money in the fight against crime? – The Independent

Posted May 7th, 2008 in closed circuit television, crime, special report by sally

“Why are we asking this now?

This is one man’s view of how effective CCTV has been so far: ‘It’s been an utter fiasco: only 3 per cent of crimes were solved by CCTV. There’s no fear of CCTV. Why don’t people fear it? (They think) the cameras are not working.’ This is not some disgruntled or ill-informed citizen talking. The speaker is Detective Chief Inspector Mick Neville, head of the Visual Images, Identifications and Detections Office (Viido) at New Scotland Yard, speaking this week at a security World Conference.”

Full story

The Independent, 7th May 2008

Source: www.independent.co.uk

BAE wants review of SFO inquiry – BBC News

Posted May 7th, 2008 in bribery, news, Saudi Arabia by sally

“BAE Systems is urging the Serious Fraud Office (SFO) to review its abandoned investigation into the company’s £43bn arms deal with Saudi Arabia.”

Full story

BBC News, 7th May 2008

Source: www.bbc.co.uk

Clarke urges Brown to drop 42-day detention – The Guardian

Posted May 7th, 2008 in detention, news, terrorism by sally

“Charles Clarke, the former home secretary, has urged Gordon Brown to signal a change in his leadership style by abandoning his controversial plans to extend the detention without charge limit to 42 days.”

Full story

The Guardian, 7th May 2008

Source: www.guardian.co.uk

Reefer madness: Do the drug laws work? – The Independent

Posted May 7th, 2008 in drug offences, special report by sally

“Defying the weight of medical and scientific opinion, Gordon Brown is to order tougher new laws today on cannabis possession. The Prime Minister has decided to overrule his own expert advisers and reverse the downgrading four years ago of Britain’s favourite illegal drug from a class B to a class C substance, threatening cannabis smokers with five-year prison terms.”

Full story

The Independent, 7th May 2008

Source: www.independent.co.uk

Home Information Packs delayed again – Daily Telegraph

Posted May 7th, 2008 in home information packs, news by sally

“The packs, which have been dogged by delays and controversy over the past 18 months, have now been hit by the slowdown in the property market … ”

Full story

Daily Telegraph, 7th May 2008

Source: www.telegraph.co.uk

Payout to injured baby’s parents – BBC News

Posted May 6th, 2008 in compensation, dangerous driving, news, personal injuries by sally

“A couple whose baby daughter suffered brain damage in a crash caused by a dangerous driver have received £800,000 in compensation.”

Full story

BBC News, 6th May 2008

Source: www.bbc.co.uk

Guantánamo Briton sues UK over ‘torture evidence’ – The Guardian

Posted May 6th, 2008 in detention, evidence, news, torture by sally

“The last British resident left in Guantánamo Bay is suing the UK government for refusing to produce evidence that he was a victim of extraordinary rendition and torture.”

Full story

The Guardian, 6th May 2008

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted May 6th, 2008 in legislation by sally

The Discretionary Housing Payments (Grants) Amendment Order 2008

The Transmissible Spongiform Encephalopathies (No. 2) (Amendment) Regulations 2008

The Protection of Cultural Objects on Loan (Publication and Provision of Information) Regulations 2008

The Commission for Healthcare Audit and Inspection (Defence Medical Services) Regulations 2008

The Food Labelling (Declaration of Allergens) (England) Regulations 2008

The Further Education and Training Act 2007 (Commencement No. 2) (Wales) Order 2008

The Civil Enforcement of Parking Contraventions (County of Rutland) Designation Order 2008

The Civil Enforcement of Parking Contraventions (County of Gloucestershire) (Forest of Dean District) Designation Order 2008

Source: www.opsi.gov.uk

Straw rejects absconding fears over open prisons – The Guardian

Posted May 6th, 2008 in dangerous offenders, news, prisons by sally

“The justice secretary, Jack Straw, yesterday denied a claim by a prison officers’ leader that the public was placed at ‘massive risk’ by dangerous criminals being moved to open prisons.”

Full story

The Guardian, 6th May 2008

Source: www.guardian.co.uk

A, K, M, Q and G v HM Treasury – Times Law Reports

Posted May 6th, 2008 in freezing injunctions, law reports, prerogative powers, terrorism by sally

A, K, M, Q and G v HM Treasury

Queen’s Bench Division

“Orders in Council, made purportedly to give effect to United Nations resolutions freezing the assets of terrorist organisations and their adherents, were to be quashed since, among other faults, they had been improperly made outside the parliamentary process and were bad as creating criminal law of insufficient certainty.”

The Times, 5th 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 T (Child: Doli incapax) – Times Law Reports

Posted May 6th, 2008 in children, doli incapax, law reports by sally

Regina v T (Child: Doli incapax)

Court of Appeal (Criminal Division)

“The statutory abolition of the rebuttable presumption that a child aged 10 or over was incapable of committing an offence also abolished the common law defence of doli incapax.”

The Times, 5th 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 (Edwards and Another) v Environment Agency and Others – Times Law Reports

Posted May 6th, 2008 in appeals, confidentiality, disclosure, judgments, law reports by sally

Regina (Edwards and Another) v Environment Agency and Others

House of Lords

“It was an abuse of the procedure of the House of Lords for legal representatives to seek to reargue the case having been sent in confidence advance copies of draft speeches which the Law Lords proposed to deliver, for the sole purpose of correcting misprints, inadvertent errors of fact or ambiguities of expression.”

The Times, 6th 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.

Curistan v Times Newspapers Ltd – Times Law Reports

Posted May 6th, 2008 in defamation, law reports, parliament, privilege by sally

Curistan v Times Newspapers Ltd

Court of Appeal

“The privilege which attached to a fair and accurate report of parliamentary proceedings was not necessarily lost because of the addition of extraneous nonprivileged material in the same article.”

The Times, 6th 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.

BAE review seeks bribery controls – BBC News

Posted May 6th, 2008 in bribery, company directors, news by sally

“A review into business practices at defence firm BAE Systems has called for tougher anti-bribery measures.”

Full story

BBC News, 6th May 2008

Source: www.bbc.co.uk

Related link: Ethical business conduct in BAE Systems (PDF)

Law on rip-off to be simplified – The Times

Posted May 6th, 2008 in consumer protection, news by sally

“A bill of consumer rights that will protect people from rip-offs and give them an instant right to redress is to be drawn up by the government.”

Full story

The Times, 4th May 2008

Source: www.timesonline.co.uk