Day: 16 March 2009

Recent Statutory Instruments – OPSI

Posted March 16th, 2009 in legislation by sally

The Fixed Penalty Offences Order 2009

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009

The Road Safety (Immobilisation, Removal and Disposal of Vehicles) Regulations 2009

The Fixed Penalty (Procedure) (Amendment) Regulations 2009

The Fixed Penalty (Procedure) (Vehicle Examiners) Regulations 2009

The Control of Trade in Endangered Species (Fees) Regulations 2009

The Mutual Societies (Transfers) Order 2009

The Financial Services and Markets Act 2000 (Controllers) Regulations 2009

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2009

The Industrial Training Levy (Construction Industry Training Board) Order 2009

The Monkseaton Community High School (Governing Body Procedures) (Amendment) Order 2009

Her Majesty’s Chief Inspector of Prisons (Specified Public Authority) Order 2009

The Contracted-Out Prisons (Specification of Restricted Activities) Order 2009

The High Court and County Courts Jurisdiction (Amendment) Order 2009

The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Amendment Order 2009

The Court of Protection (Amendment) Rules 2009

The Value Added Tax (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Teenager seeks damages over operation on wrong finger – Daily Telegraph

Posted March 16th, 2009 in hospitals, negligence, news by sally

“A schoolboy awoke from surgery to remove a lump from his finger to discover the wrong one had been operated on.”

Full story

Daily Telegraph, 16th March 2009

Source: www.telegraph.co.uk

‘Drop hacker case’ – Terry Waite – BBC News

Posted March 16th, 2009 in computer crime, extradition, news by sally

“Human rights campaigner and former hostage Terry Waite has called on the US to drop charges against British computer hacker Gary McKinnon.”

Full story

BBC News, 16th March 2009

Source: www.bbc.co.uk

Dragons’ Den winner infringed own patent, IPO rules – OUT-LAW.com

Posted March 16th, 2009 in news, patents by sally

“A man whose invention caught the attention of millions of television viewers may have infringed a patent he applied for himself 10 years ago. A contestant on the Dragons’ Den TV programme may have to defend his invention from legal action.”

Full story

OUT-LAW.com, 16th March 2009

Source: www.out-law.com

Father in court for giving boy a ‘good talking to’ – Daily Telegraph

Posted March 16th, 2009 in children, false imprisonment, news by sally

“A young father was convicted of unlawful imprisonment after he put a young tearaway into his car and gave him a ‘good talking to’.”

Full story

Daily Telegraph, 16th March 2009

Source: www.telegraph.co.uk

Judge calls for end to use of ‘honour killings’ term – The Times

Posted March 16th, 2009 in domestic violence, news by sally

“A senior judge has called for an end to the use of the phrase ‘honour killings’ to describe what is ‘in reality sordid, criminal behaviour’.”

Full story

The Times, 16th March 2009

Source: www.timesonline.co.uk

File sharing agency up for debate – BBC News

Posted March 16th, 2009 in copyright, internet, news by sally

“The government has outlined the details of its proposed digital rights agency.”

Full story

BBC News, 16th March 2009

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted March 16th, 2009 in legislation by sally

The Open-Ended Investment Companies (Amendment) Regulations 2009

The Unit Trusts (Electronic Communications) Order 2009

The National Park Authorities (Amendment) (England) Order 2009

The Finance Act 2008, Schedule 40 (Appointed Day, Transitional Provisions and Consequential Amendments) Order 2009

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2009

The Electronic Communications Code (Conditions and Restrictions) (Amendment) Regulations 2009

The Export of Radioactive Sources (Control) (Amendment) Order 2009

The Plant Health (England) (Amendment) Order 2009

The National Health Service (Optical Charges and Payments) (Amendment) (Wales) Regulations 2009

The European Fisheries Fund (Grants) (Wales) Regulations 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted March 16th, 2009 in law reports by sally

High Court (Chancery Division)

Tann v Herrington [2009] EWHC 445 (Ch) (10 March 2009)

High Court (Queen’s Bench)

Huntley v Simmonds [2009] EWHC 406 (QB) (05 March 2009)

Al Jedda v Secretary of State for Defence [2009] EWHC 397 (QB) (05 March 2009)

Huntley v Simmonds [2009] EWHC 405 (QB) (13 February 2009)

High Court (Family Division)

K v K [2008] EWHC 2553 (Fam) (23 October 2008)

High Court (Administrative Court)

EM & Ors, R (on the application of) v Secretary of State for Work and Pensions [2009] EWHC 454 (Admin) (13 March 2009)

Barbone & Anor (On Behalf of Stop Stansted Expansion) v Secretary of State for Transport & Anor [2009] EWHC 463 (Admin) (13 March 2009)

High Court (Technology and Construction Court)

Bole & Anor v Huntsbuild Ltd & Anor [2009] EWHC 483 (TCC) (13 March 2009)

Source: www.bailii.org

Akhurst v Director of Public Prosecutions – WLR Daily

Posted March 16th, 2009 in law reports, vagrancy by sally

Akhurst v Director of Public Prosecutions; [2009] WLR (D) 96

“University grounds and buildings were not an enclosed area within the meaning of s 4 of the Vagrancy Act 1824.”

WLR Daily, 13th March

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.

Peters v East Midlands Strategic Health Authority and Another – Times Law Reports

Posted March 16th, 2009 in damages, disabled persons, law reports, negligence by sally

Peters v East Midlands Strategic Health Authority and Another

Court of Appeal

“Damages awarded to a claimant severely disabled as a result of the defendants’ negligence were to be disregarded for the purpose of the charging provisions for the local authority providing her with statutory accommodation and care.”

The Times, 16th March 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.

Regina v Cole – Times Law Reports

Posted March 16th, 2009 in bias, dangerous driving, jury directions, law reports by sally

Regina v Cole

Court of Appeal (Criminal Division)

“A trial judge’s attitude towards defence counsel, which included sending her a note headed ‘6 P’s’ with a list of words in bold underneath saying ‘Prior Planning Prevents Piss Poor Performance’ contributed towards preventing a defendant receiving a fair trial.”

The Times, 16th March 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.

Recent Statutory Instruments – OPSI

Posted March 16th, 2009 in legislation by sally

The Immigration and Nationality (Cost Recovery Fees) Regulations 2009

The Offender Management Act 2007 (Commencement No. 4) Order 2009

The Finance Act 2008, Schedule 41 (Appointed Day and Transitional Provisions) Order 2009

The Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2009

The European Parliamentary Elections (Amendment) (No.2) Regulations 2009

The Aquatic Animal Health (England and Wales) Regulations 2009

The Hazardous Waste (England and Wales) (Amendment) Regulations 2009

The Court of Protection Fees (Amendment) Order 2009

The Patents, Trade Marks and Designs (Address for Service) Rules 2009

The Health and Safety (Fees) Regulations 2009

The Textile Products (Indications of Fibre Content) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Stop and search cuts gun and knife crime – The Times

Posted March 16th, 2009 in firearms, news, offensive weapons, stop and search by sally

“Targeted stop-and-search tactics are an effective way to cut gun and knife crime, research suggests.”

Full story

The Times, 16th March 2009

Source: www.timesonline.co.uk

New evidence over Bamber killing – The Guardian

Posted March 16th, 2009 in appeals, forensic science, murder, news by sally

“Findings from blood expert and undisclosed police negatives are reviewed as murderer makes his third appeal against conviction.”

Full story

The Guardian, 15th March 2009

Source: www.guardian.co.uk

Pensioners hire Cherie Blair to sue Sir Fred Goodwin and RBS – The Times

Posted March 16th, 2009 in banking, class actions, news, pensions by sally

“British pension funds are to sue Sir Fred Goodwin and the Royal Bank of Scotland in the American courts for hundreds of millions of pounds, The Times has learnt.”

Full story

The Times, 16th March 2009

Source: www.timesonline.co.uk

Child knife crime views revealed – BBC News

Posted March 16th, 2009 in children, news, offensive weapons by sally

“One in six young people in England and a third of those in London think knife crime is a problem, a survey suggests.”

Full story

BBC News, 15th March 2009

Source: www.bbc.co.uk

Baby P: Council chief Sharon Shoesmith ‘sues for sexual discrimination’ – Daily Telegraph

Posted March 16th, 2009 in news, sex discrimination, social services by sally

“The senior council official who was sacked over her department’s handling of the Baby P case is suing for sexual discrimination, it has been claimed.”

Full story

Daily Telegraph, 15th March 2009

Source: www.telegraph.co.uk

Paedophile alerts to be extended – BBC News

Posted March 16th, 2009 in children, criminal records, news, sexual offences by sally

“A scheme giving parents details about sex offenders who may come into contact with their children is being extended.”

Full story

BBC News, 15th March 2009

Source: www.bbc.co.uk

Ban them! How Pete and Dud fell foul of the law yet still escaped prosecution – The Guardian

Posted March 16th, 2009 in media, news, obscenity by sally

“It started out as a private joke between Peter Cook and Dudley Moore but within a few years no fewer than four British police forces were demanding the two comics be prosecuted for obscenity.”

Full story

The Guardian, 16th March 2009

Source: www.guardian.co.uk