Government announces new law for increased data sharing – OUT-LAW.com

Posted November 25th, 2008 in data protection, news by sally

“The powers of Government to share data will be increased under new laws announced yesterday. Legislation will introduce a fast-track procedure to allow data sharing whenever ‘a robust case’ can be made for sharing, said a Ministry of Justice report.”

Full story

OUT-LAW.com, 25th November 2008

Source: www.out-law.com

The UK does not need a data breach notification law, says Government – OUT-LAW.com

Posted November 25th, 2008 in data protection, news, privacy by sally

“The Government has rejected calls for a law that would require significant data security breaches to be notified to the country’s privacy regulator. It said that notification to the Information Commissioner should be a matter of good practice, not law.”

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OUT-LAW.com, 25th November 2008

Source: www.out-law.com

BAILII: Recent Decisions

Posted November 25th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Times Newspapers Ltd & Ors v Soldier B [2008] EWCA Crim 2559 (24 October 2008)

Rowe, R. v [2008] EWCA Crim 2712 (04 November 2008)

Court of Appeal (Civil Division)

Sava v SS Global Ltd & Ors [2008] EWCA Civ 1308 (25 November 2008)

Law Society v Salsbury [2008] EWCA Civ 1285 (25 November 2008)

High Court (Administrative Court)

Murtati v Government of the Republic of Albania [2008] EWHC 2856 (Admin) (25 November 2008)

Source: www.bailii.org

25 life terms for ‘British Fritzl’ – The Independent

Posted November 25th, 2008 in incest, news, rape, sentencing by sally

“A man who repeatedly raped his two daughters was jailed for life today at Sheffield Crown Court. He made them pregnant 19 times and seven of the children are still alive.”

Full story

The Independent, 25th November 2008

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted November 25th, 2008 in legislation by sally

The Local Loans (Increase of Limit) Order 2008

The Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008

The Offshore Installations (Safety Zones) (No. 4) Order 2008

The Education (Student Support) (Amendment) (No. 3) Regulations 2008

The Rodbaston College, Cannock Chase Technical College and Tamworth and Lichfield College (Dissolution) Order 2008

The Race Relations Act 1976 (Amendment) Regulations 2008

Source: www.opsi.gov.uk

Hannah Foster’s killer jailed for 24 years – Daily Telegraph

Posted November 25th, 2008 in murder, news, rape, sentencing by sally

“The man convicted of kidnapping, raping and strangling teenager Hannah Foster – before going on the run to India – has been sentenced to a minimum of 24 years in jail.”

Full story

Daily Telegraph, 25th November 2008

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted November 25th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Hasan, R (on the application of) v Secretary of State for Trade and Industry [2008] EWCA Civ 1311 (25 November 2008)

High Court (Administrative Court)

Hilali, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2892 (Admin) (25 November 2008)

Murtati v Government of the Republic of Albania [2008] EWHC 2856 (Admin) (25 November 2008)

Source: www.bailii.org

High price of fraud is not worth paying – The Times

Posted November 25th, 2008 in fraud, special report by sally

“For a business executive, it is the stuff of nightmares. A seemingly routine payment to a local fixer by a remote subsidiary results, years later, in an investigation by authorities in the company’s home country. The company is forced to spend millions on legal fees, its reputation is tarnished and its share price plummets. Senior managers may even find themselves in court facing criminal charges.”

Full story

The Times, 25th November 2008

Source: www.timesonline.co.uk

Law firms look outside as market prepares for ‘Big Bang’ – The Times

Posted November 25th, 2008 in alternative business structures, law firms, legal services, news by sally

“Four in five law firms expect to join forces with other professionals under the reforms to be introduced by the Legal Services Act, a new survey has found.”

Full story

The Times, 25th November 2008

Source: www.timesonline.co.uk

Mayor and Commonalty and Citizens of the City of London v Sancheti – WLR Daily

Posted November 25th, 2008 in arbitration, law reports, stay of proceedings by sally

Mayor and Commonalty and Citizens of the City of London v Sancheti [2008] EWCA Civ 1283; [2008] WLR (D) 364

“A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient.”

WLR Daily, 24th November 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.

In re Phonographic Performance Ltd – WLR Daily

Posted November 25th, 2008 in copyright, jurisdiction, law reports, tribunals by sally

In re Phonographic Performance Ltd [2008] EWHC 2715 (Ch); [2008] WLR (D) 363

“On a reference by the Secretary of State, pursuant to s 128A of the Copyright, Designs and Patents Act 1988, of a proposed licensing scheme for excepted sound recordings, the Copyright Tribunal had jurisdiction, under s 128B of the Act, to consider a delivery system neutral licensing scheme as a whole and was not limited to a consideration of the terms of a licensing scheme referred thereto only in so far as the scheme related to excepted sound recordings in broadcasts.”

WLR Daily, 24th November 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.

R (Faisaltex Ltd and others) v Crown Court at Preston and another – WLR Daily

Posted November 25th, 2008 in judicial review, law reports, police, search & seizure, warrants by sally

R (Faisaltex Ltd and others) v Crown Court at Preston and another [2008] EWHC 2832 (Admin); [2008] WLR (D) 362

“A computer, or its hard disk, fell within the meaning of ‘material’ in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under s 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.”

WLR Daily, 24th November 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.

Regina v Kelleher – Times Law Reports

Posted November 25th, 2008 in environmental protection, law reports, sentencing, waste by sally

Regina v Kelleher

Court of Appeal (Criminal Division)

“A custodial sentence could be appropriate for an offence of commercial flytipping even where aggravating features, such as depositing waste of a dangerous or offensive nature, were not present.”

The Times, 25th November 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.

Wandsworth London Borough Council v Whibley – Times Law Reports

Posted November 25th, 2008 in landlord & tenant, law reports, repossession, summary judgments by sally

Wandsworth London Borough Council v Whibley

Court of Appeal

“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”

The Times, 25th November 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.

Recent Statutory Instruments – OPSI

Posted November 25th, 2008 in legislation by sally

The Child Benefit (Rates) (Amendment) Regulations 2008 (PDF)

The Alcoholic Liquor Duties (Surcharges) and Tobacco Products Duty Order 2008 (PDF)

The Individual Savings Account (Amendment No. 3) Regulations 2008 (PDF)

The Income Tax (Indexation) (No. 4) Order 2008 (PDF)

The Value Added Tax (Change of Rate) Order 2008 (PDF)

The Value Added Tax (Amendment) (No 2) Regulations 2008 (PDF)

The Excise Duties (Road Fuel Gas) (Reliefs) (Revocation) Regulations 2008 (PDF)

The Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) (Revocation) Order 2008 (PDF)

The Income Tax (Indexation) (No. 3) Order 2008 (PDF)

Source: www.opsi.gov.uk

Daily Cause List, 25th November 2008

Posted November 25th, 2008 in news by sally

Tuesday 25th November 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible

Record number of criminals being handed community court orders – Daily Telegraph

Posted November 25th, 2008 in community service, news, sentencing by sally

“A record number of criminals are being handed community court orders despite one in three being breached by offenders.”

Full story

Daily Telegraph, 25th November 2008

Source: www.telegraph.co.uk

New laws against forced marriages – BBC News

Posted November 25th, 2008 in forced marriages, news by sally

“Laws to prevent forced marriages and protect those who have already fallen victim have been introduced in England, Wales and Northern Ireland.”

Full story

BBC News, 25th November 2008

Source: www.bbc.co.uk

Cancer patients seek damages after frozen sperm is destroyed – The Times

Posted November 25th, 2008 in hospitals, human tissue, negligence, news by sally

“Six cancer sufferers who lost their only chance of fathering children when a hospital freezer broke down and destroyed their sperm samples were at the centre of an unprecedented compensation claim yesterday.”

Full story

The Times, 25th November 2008

Source: www.timesonline.co.uk

Domestic violence ‘costs £5.8bn’ – The Guardian

Posted November 25th, 2008 in domestic violence, news by sally

“Domestic violence costs the British economy £5.8bn a year and significantly depresses women’s ability to contribute to economic growth, the attorney general told French ministers and former victims in Paris yesterday.”

Full story

The Guardian, 25th November 2008

Source: www.guardian.co.uk