Recent Statutory Instruments – OPSI

Posted January 26th, 2009 in legislation by sally

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

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

The Travellers’ Allowances (Amendment) Order 2008

The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 3) Order 2009

The Operation of Air Services in the Community Regulations 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted January 26th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Port of Tilbury (London) Ltd v Stora Enso Transport & Distribution Ltd & Anor [2009] EWCA Civ 16 (23 January 2009)

Adorian v The Commissioner of Police of the Metropolis [2009] EWCA Civ 18 (23 January 2009)

MS (Palestinian Territories) v Secretary of State for the Home Department [2009] EWCA Civ 17 (23 January 2009)

High Court (Administrative Court)

Merseyside Police Authority v Police Medical Appeal Board & Ors [2009] EWHC 88 (Admin) (23 January 2009)

Alam v London Borough of Tower Hamlets [2009] EWHC 44 (Admin) (23 January 2009)

Friends of Basildon Golf Course v Basildon District Council & Anor [2009] EWHC 66 (Admin) (23 January 2009)

High Court (Chancery Division) 

Clarence House Ltd v National Westminster Bank Plc [2009] EWHC 77 (Ch) (23 January 2009)

HM Revenue & Customs v FLIR Systems AB [2009] EWHC 82 (Ch) (23 January 2009)

High Court (Patents Court)

Laboratorios Almirall SA v Boehringer Ingelheim International GmbH [2009] EWHC B1 (Pat) (23 January 2009)       

High Court (Queen’s Bench Division)

Goby (A Child) v Ferguson [2009] EWHC 92 (QB) (23 January 2009)

Maher & Anor v Groupama Grand EST [2009] EWHC 38 (QB) (23 January 2009)

High Court (Technology and Construction Court)

Dorchester Hotel Ltd v Vivid Interiors Ltd [2009] EWHC 70 (TCC) (19 January 2009)

Source: www.bailii.org

R (Al-Saadoon and another ) v Secretary of State for Defence – WLR Daily

Posted January 26th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

R (Al-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17

Iraqi detainees held in a UK internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the United Kingdom for the purposes of art 1 of the European Convention on Human Rights.”

WLR Daily, 23rd January 2009

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 Saw; Regina v Tete-Djawu; Regina v Smith (Martin); Regina v Kassa; Regina v Younis; Regina v McPhee – Times Law Reports

Posted January 26th, 2009 in burglary, law reports, sentencing, victims by sally

Regina v Saw; Regina v Tete-Djawu; Regina v Smith (Martin); Regina v Kassa; Regina v Younis; Regina v McPhee

Court of Appeal

“When sentencing defendants for domestic burglary, the judge should have in mind the impact of the offence on the victim, as well as the culpability of the defendant.”

The Times, 26th January 2009

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.

Second jail term after girl dies – BBC News

Posted January 26th, 2009 in homicide, news, sentencing by sally

“A man has been sentenced to a year in prison for the manslaughter of a seven-year-old girl.”

Full story

BBC News, 23rd January 2009

Source: www.bbc.co.uk

Harassed family gets £10k payout – BBC News

Posted January 26th, 2009 in compensation, harassment, local government, maladministration, news by sally

“A council has been ordered to pay £10,000 to a family after it failed in its handling of their complaints against neighbours who harassed them.”

Full story

BBC News, 26th January 2009

Source: www.bbc.co.uk

Suburban bail hostels a ‘success’ – BBC News

Posted January 26th, 2009 in bail, news by sally

“A controversial scheme to house bailed and tagged defendants and inmates in residential areas may be expanded, Justice Minister David Hanson has said.”

Full story 

BBC News, 26th January 2009

Source: www.bbc.co.uk

Reforming the illegality defence – Law Commission

Posted January 26th, 2009 in defence, illegality, press releases by sally

“This project looks at the way that the law of contract, trusts and tort reponds when a claimant has been involved in some form of illegal conduct.”

Full press release

Law Commission, 23rd January 2009

Source: www.lawcom.gov.uk

Bar Council and Criminal Bar Association Express Concerns Over Coroners and Justice Bill – The Bar Council

Posted January 26th, 2009 in coroners, criminal justice, press releases by sally

“The Bar Council and the Criminal Bar Association have voiced their concerns over the Coroners and Justice Bill, which receives its Second Reading in the House of Commons on Monday.”

Full press release

The Bar Council, 25th January 2009

Source: www.barcouncil.org.uk

Absent parents who don’t pay maintenance could lose passports – The Times

Posted January 26th, 2009 in child support, news by sally

Child maintenance officials will be able to confiscate driving licences and passports from ‘deadbeat dads’ without going to court, under legislation going before Parliament this week.”

Full story 

The Times, 26th January 2009

Source: www.timesonline.co.uk

Cannabis becomes Class B drug today, but no spot fines yet – The Times

Posted January 26th, 2009 in drug offences, news by sally

“Cannabis is upgraded to a Class B drug today, but users will not be fined after the sudden withdrawal of new powers to allow on-the-spot penalties.”

Full story

The Times, 26th January 2009

Source: www.timesonline.co.uk

Children’s database ContactPoint launched despite security fears – Daily Telegraph

Posted January 26th, 2009 in children, data protection, news, privacy by sally

“ContactPoint will include the names, ages and addresses of 11 million under-18s as well as information about their parents, GPs and schools. The Conservatives and Liberal Democrats have pledged to scrap the £224million online system – which will be accessed by at least 330,000 workers in the education, health, social care, youth justice and voluntary sectors – because they believe there is a danger that sensitive information will be mislaid or lost.”

Full story

Daily Telegraph, 26th January 2009

Source: www.telegraph.co.uk

Threat to privacy under data law, campaigners warn – Daily Telegraph

Posted January 26th, 2009 in data protection, news, privacy by sally

“Data held by the police, the NHS, schools, the Inland Revenue, local councils and the DVLA could all end up in private hands, according to Privacy International.”

Full story

Daily Telegraph, 26th January 2009

Source: www.telegraph.co.uk

Police will not target offenders against law on violent porn – The Guardian

Posted January 26th, 2009 in news, police, pornography by sally

“Officers will not actively target members of the public to track down those who own violent pornography banned under a new law, police chiefs admitted yesterday.”

Full story

The Guardian, 26th January 2009

Source: www.guardian.co.uk

Music pirates will not be disconnected from the internet – The Times

Posted January 26th, 2009 in copyright, internet, news by sally

“Internet service providers will not be forced to disconnect users who repeatedly flout the law by illegally sharing music and video files, The Times has learnt.”

Full story

The Times, 26th January 2009

Source: www.timesonline.co.uk

Judges to review the secrecy of royal wills – The Times

Posted January 26th, 2009 in news, royal family, wills by sally

“The Royal Family’s 100-year-old convention that their wills may be kept secret is to be reexamined by senior judges..”

Full story

The Times, 24th January 2009

Source: www.timesonline.co.uk