Month: January 2009

R (Wright and others) v Secretary of State for Health and another – WLR Daily

Posted January 27th, 2009 in care workers, human rights, law reports by sally

R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20

“The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them an opportunity to answer the allegations, which had the effect of barring them from care work, was incompatible with the right to a fair hearing under art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and also with the right to private life under art 8(1).”

WLR Daily, 26th 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.

R (Black) v Secretary of State for Justice – WLR Daily

Posted January 27th, 2009 in human rights, law reports, prisons, release on licence by sally

R (Black) v Secretary of State for Justice [2009] UKHL 1; [2009] WLR (D) 19

“S 35(1) of the Criminal Justice Act 1991, in allowing the Secretary of State for Justice rather than the Parole Board to determine whether certain long-term prisoners should be released on licence at the half-way stage of their sentence, did not infringe art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 26th 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.

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Posted January 27th, 2009 in appeals, extradition, law reports, time limits by sally

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil

House of Lords

“The requirement that notice of an appeal to the High Court had to be given within a specified period meant that the notice had to be served on the respondent as well as filed in the court within that period; the court had no power to grant an extension of time.”

The Times, 27th 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.

Costly mobile service providers must seek prior approval from regulator – OUT-LAW.com

Posted January 27th, 2009 in consumer protection, news, telecommunications by sally

“Mobile phone content providers who charge more that £4.50 a week for their services must seek the permission of premium-rate regulator PhonepayPlus to operate, under new rules which take immediate effect.”

Full story

OUT-LAW.com, 26th January 2009

Source: www.out-law.com

Cannabis is now a Class B drug – Home Office

Posted January 27th, 2009 in drug offences, news, press releases by sally

“Concerns about effects of ‘skunk’ and the mental health of users lead to the change.”

Full press release

Home Office, 26th January 2009

Source: www.homeoffice.gov.uk

VAT – The Bar Council

Posted January 27th, 2009 in fees, legal profession, news, VAT by sally

“Letter received from the Legal Services Commission regarding VAT on Advocates’ Graduated Fee Scheme and Solicitor Standard Fee Claims.”

Full letter

The Bar Council, 27th January 2009

Source: www.barcouncil.org.uk

Council fined after boy impaled – BBC News

Posted January 27th, 2009 in fines, health & safety, news by sally

“A Greater Manchester council has been fined £25,000 after a four-year-old boy was impaled on a tree branch during a nursery school outing.”

Full story 

BBC News, 26th January 2009

Source: www.bbc.co.uk

Builder guilty of nurse’s murder – BBC News

Posted January 27th, 2009 in murder, news by sally

“A builder has been convicted of the murder of a nurse he strangled with her own blouse during a burglary.”

Full story 

BBC News, 26th January 2009

Source: www.bbc.co.uk

Data Bill ‘will wipe out privacy at a stroke’ – The Independent

Posted January 27th, 2009 in data protection, news, privacy by sally

“Sweeping new laws to allow ministers to release the private details of millions of people to a string of public bodies or private firms have been condemned as being  ‘open sesame to a vast increase in government power’.”

Full story

The Independent, 27th January 2009

Source: www.independent.co.uk

Man fined over bogus palace water – BBC News

Posted January 27th, 2009 in news, trade descriptions by sally

“A businessman has been fined £6,000 for selling bottled water as being from Blenheim Palace when it could have come from his Welsh farm or factory.”

Full story

BBC News, 26th Janaury 2009

Source: www.bbc.co.uk

High Court bid to block eco-towns – BBC News

Posted January 27th, 2009 in housing, judicial review, news, planning by sally

“The High Court is expected to rule later on a legal challenge to the government’s flagship eco-towns scheme.”

Full story 

BBC News, 27th January 2009

Source: www.bbc.co.uk

Politicians and Celebrities to be protected from child database – Daily Telegraph

Posted January 27th, 2009 in children, data protection, news, privacy by sally

“Celebrities and politicians will be able to keep their details off a controversial new database listing the personal details of every child in England, it has been reported.”

Full story 

Daily Telegraph, 27th January 2009

Source: www.telegraph.co.uk

Peers face suspension in House of Lords ‘laws for sale’ inquiry – The Times

Posted January 27th, 2009 in corruption, news, parliament by sally

“The House of Lords embarked on a hasty damage-limitation exercise yesterday by preparing new powers to suspend any member found to have broken the rules in the ‘cash for peers’ crisis.”

Full story

The Times, 27th January 2009

Source: www.timesonline.co.uk

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