Bar Council Constitution – The Bar Council

Posted June 9th, 2008 in barristers, news by sally

“The Bar Council’s Constitution is under review. The changes are be discussed at the forthcoming Bar Council meeting and at the AGM. For ease of reference, the proposed changes are marked as track changes. Any comments should be submitted to Andrew Hill.”

Proposed changes (Word)

The Bar Council, 9th June 2008

Source: www.barcouncil.org.uk

Legal Services Reform Update – Ministry of Justice

Posted June 9th, 2008 in complaints, legal services, Legal Services Board, news by sally

“The Legal Services Act was given Royal Assent on 30 October 2007. The Legal Services Reform Programme was established to oversee the implementation of two of the key proposals in the Act – the establishment of the Legal Services Board and the Office for Legal Complaints.

This update sets out the latest position in the implementation timetable.”

Legal Services Reform Update (PDF)

Ministry of Justice, 9th June 2008

Source: www.justice.gov.uk

Law Reform, Victims and Witnesses Bill – Ministry of Justice

Posted June 9th, 2008 in bills, criminal justice, news, victims, witnesses by sally

“The Law Reform, Victims and Witnesses Bill aims to deliver a more effective, transparent and responsive justice system for victims, witnesses and the wider public.”

Full story

Ministry of Justice, 9th June 2008

Source: www.justice.gov.uk

BAILII: Recent Decisions

Posted June 9th, 2008 in law reports by sally

High Court (Chancery Division)

McPhail & Anor v Bourne & Anor [2008] EWHC 1235 (Ch) (06 June 2008)

High Court (Commercial Court)

Mansel Oil Ltd & Anor v Troon Storage Tankers SA [2008] EWHC 1269 (Comm) (09 June 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 9th, 2008 in legislation by sally

The Local Authorities (Alcohol Disorder Zones) Regulations 2008

The Building Societies (Financial Assistance) Order 2008

The Mutilations (Permitted Procedures) (England) (Amendment) Regulations 2008

The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2008

The Criminal Justice Act 1988 (Offensive Weapons) (Amendment No. 2) Order 2008

The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008

The Probate Services (Approved Bodies) Order 2008

The Appeals from the Upper Tribunal to the Court of Appeal Order 2008

The Reconstitution of the Welland and Deepings Internal Drainage Board Order 2008

The Reconstitution of the Black Sluice Internal Drainage Board Order 2008

The Criminal Justice Act 2003 (Commencement No. 21) Order 2008

The Manchester College of Arts and Technology and City College, Manchester (Dissolution) Order 2008

The Assembly Learning Grants (European Institutions) (Wales) (Amendment) Regulations 2008

The National Health Service (General Medical Services Contracts) (Wales) (Amendment) Regulations 2008

The Abortion (Amendment) (Wales) Regulations 2008

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008

Source: www.opsi.gov.uk

Online legal scheme threatens high street – The Lawyer

Posted June 9th, 2008 in internet, legal services, news, solicitors by sally

“Hugh James, Nelsons and Pannone have signed up to a post-Legal Services Act internet trading scheme called MyLawyer.co.uk that could challenge the position of the high street solicitor.”

Full story

The Lawyer, 9th June 2008

Source: www.thelawyer.com

Jill Dando murder: Barry George faces retrial – Daily Telegraph

Posted June 9th, 2008 in murder, news, retrials by sally

“A man obsessed with female television celebrities and guns murdered Jill Dando nine years ago, the Old Bailey heard today.”

Full story

Daily Telegraph, 9th June 2008

Source: www.telegraph.co.uk

Ex-employee must disclose online contacts, rules UK court – OUT-LAW.com

Posted June 9th, 2008 in confidentiality, disclosure, news by sally

“An ex-employee of recruitment firm Hays has been ordered to disclose details of his profile at social networking site LinkedIn. Mark Ions set up a rival agency and is accused of using LinkedIn to steal clients. He says Hays encouraged his use of the site.”

Full story

OUT-LAW.com, 9th June 2008

Source: www.out-law.com

Chairman of the Bar addresses Institute of Barristers’ Clerks – The Bar Council

Posted June 9th, 2008 in barristers, legal services, speeches by sally

“The Chairman of the Bar, Tim Dutton QC, has today addressed the Institute of Barristers’ Clerks annual conference, and warned that the Bar must maintain its focus on excellence as it moves into a new era of Alternative Business Structures ushered in by the Legal Services Act 2007.”

Full story

The Bar Council, 7th June 2008

Source: www.barcouncil.org.uk

Address to the Association of Women Barristers’ Annual General Meeting – Speech by the Rt Hon Lady Justice Arden DBE

Posted June 9th, 2008 in barristers, judiciary, women by sally

Address to the Association of Women Barristers’ Annual General Meeting (PDF)

Speech by the Rt Hon Lady Justice Arden DBE

Judiciary of England and Wales, 3rd June 2008

Source: www.judiciary.gov.uk

Recent Statutory Instruments – OPSI

Posted June 9th, 2008 in legislation by sally

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2008

The National Minimum Wage Regulations 1999 (Amendment) Regulations 2008

Source: www.opsi.gov.uk

Khan v Commissioner of Police of the Metropolis – WLR Daily

Posted June 9th, 2008 in law reports, search & seizure, warrants by sally

Khan v Commissioner of Police of the Metropolis; [2008] WLR (D) 182

“S 18 of the Police and Criminal Evidence Act 1984 (as amended by s 111, Sch 7, Pt 3 of the Serious Organised Crime and Police Act 2005), which gave the police the power to enter and search a premises occupied or controlled by a person under arrest without a warrant, should be construed literally so that the power could only be used where the premises were, in fact, occupied or controlled by a person who was under arrest.”

WLR Daily, 6th June 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.

Governors of the Peabody Trust v Reeve – Times Law Reports

Posted June 9th, 2008 in landlord & tenant, law reports, unfair contract terms by sally

Governors of the Peabody Trust v Reeve

Chancery Division

“A social landlord could not vary its tenancy agreement unilaterally; excluding changes in rent, any variation would need the agreement in writing of both parties.”

The Times, 9th June 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 C (Mental disorder: Sexual activity) – Times Law Reports

Posted June 9th, 2008 in law reports, mental health, sexual offences by sally

Regina v C (Mental disorder: Sexual activity)

Court of Appeal (Criminal Division)

“The effect of a mental disorder had to be severe before it would have the effect that a person was unable to choose whether to submit to sexual activity. If a complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity.”

The Times, 9th June 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.

Briton sues over deportation as failed asylum seeker – The Guardian

Posted June 9th, 2008 in asylum, deportation, false imprisonment, news by sally

“A 30-year-old British citizen with schizophrenia was taken into custody and flown by immigration officers to a foreign country where he had no connections and was allegedly beaten up because he could not speak the language and could not make himself heard.”

Full story

The Guardian, 7th June 2008

Source: www.guardian.co.uk

‘Disaster’ planning law opposed – BBC News

Posted June 9th, 2008 in environmental protection, news, planning by sally

“Environmental groups are campaigning against planning laws they claim will lead to ‘faceless bureaucrats’ taking decisions on major projects.”

Full story

BBC News, 9th June 2008

Source: www.bbc.co.uk

Child Maintenance and Other Payments Act 2008

Posted June 9th, 2008 in child support, compensation, industrial injuries, legislation by sally

Child Maintenance and Other Payments Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

High Court pressed for early hearing on Rock shareholders’ battle with Treasury – The Times

Posted June 9th, 2008 in banking, nationalisation, news by sally

“The Government has called for an early hearing of the court case in which Northern Rock shareholders are suing the Treasury over the nationalisation of the bank, The Times has learnt.”

Full story

The Times, 7th June 2008

Source: www.timesonline.co.uk

Revealed: how drugs trade took hold of British prisons – The Guardian

Posted June 9th, 2008 in drug trafficking, news, prisons by sally

“The government says it’s under control but a devastating new report reveals that a sophisticated new drugs trade is flooding British prisons with record levels of cocaine, cannabis and even heroin. In many cases it’s aided and abetted by corrupt prison guards. Jamie Doward reports.”

Full story

The Guardian, 8th June 2008

Source: www.guardian.co.uk

Almost 70,000 criminal suspects fail to answer bail – Daily Telegraph

Posted June 9th, 2008 in bail, news by sally

“More than 67,000 criminal suspects fail to answer bail every year, new figures have disclosed.”

Full story

Daily Telegraph, 6th June 2008

Source: www.telegraph.co.uk