Month: March 2009

Recent Statutory Instruments – OPSI

Posted March 17th, 2009 in legislation by sally

The County of Shropshire (Electoral Changes) Order 2009

The County of West Sussex (Electoral Changes) Order 2009

The County of Wiltshire (Electoral Changes) Order 2009

The Discipline of Judges (Designation) Order 2009

The Proscribed Organisations (Name Change) Order 2009

The Social Security (Contributions) (Amendment No. 2) Regulations 2009

The Social Security (Contributions) (Re-rating) Order 2009

The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2009

The Social Security (Contributions) (Amendment No. 3) Regulations 2009

The Housing (Purchase of Equitable Interests) (England) Regulations 2009

The Housing (Service Charge Loans) (Amendment) (England) Regulations 2009

The Employment Act 2008 (Commencement No. 2, Transitional Provisions and Savings) Order 2009

The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) (Amendment) Order 2009

The Dudley and Walsall Mental Health Partnership National Health Service Trust (Originating Capital) Order 2009

The Polygraph Rules 2009

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2009

The Private Security Industry Act 2001 (Approved Contractor Scheme) Regulations 2007 (Amendment) Regulations 2009

The Private Security Industry Act 2001 (Commencement No.1) (Northern Ireland) Order 2009

The Private Security Industry Act 2001 (Licences) Regulations 2007 (Amendment) Regulations 2009

The Private Security Industry Act 2001 (Duration of Licence)(No.2) Order 2006 (Amendment) Order 2009

The Electricity Safety, Quality and Continuity (Amendment) Regulations 2009

The Overhead Lines (Exemption) (England and Wales) Regulations 2009

The Asylum Support (Amendment) (Revocation) Regulations 2009

Source: www.opsi.gov.uk

Law Soc calls for tax exemption for smaller firms – Legal Week

Posted March 17th, 2009 in law firms, news, taxation by sally

“The Law Society has urged HM Revenue & Customs (HMRC) to consider suspending the practice of taxing law firms before they have been paid for their services for the remainder of the recession.”

Full story

Legal Week, 17th March 2009

Source: www.legalweek.com

Man jailed over £1.7m Lowry raid – BBC News

Posted March 17th, 2009 in news, sentencing, theft by sally

“A man convicted of an ‘audacious and well-planned’ raid to steal LS Lowry artworks valued at £1.7m has been given an indefinite jail sentence.”

Full story

BBC News, 17th March 2009

Source: www.bbc.co.uk

Gurkhas demand government action – BBC News

Posted March 17th, 2009 in armed forces, Gurkhas, immigration, news by sally

“Former Gurkha soldiers who are fighting for the right to settle in the UK are seeking a High Court injunction to force the government to take action.”

Full story

BBC News, 17th March 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Paulin v Paulin [2009] EWCA Civ 221 (17 March 2009)

London Ambulance Service NHS Trust v Small [2009] EWCA Civ 220 (17 March 2009)

High Court (Chancery Division)

Revenue & Customs v The Boots Company Plc [2009] EWHC 487 (Ch) (16 March 2009)

High Court (Administrative Court)

Donnachie, R (on the application of) v Cardiff Magistrates’ Court & Anor [2009] EWHC 489 (Admin) (16 March 2009)

Siddall, R (on the application of) v Secretary of State for Justice [2009] EWHC 482 (Admin) (16 March 2009)

Brett v Director of Public Prosecutions [2009] EWHC 440 (Admin) (16 March 2009)

Source: www.bailii.org

Online video regulation structure outlined by Government – OUT-LAW.com

Posted March 17th, 2009 in EC law, internet, media, news by sally

“Media regulator Ofcom will take over the regulation of video on demand services, but will delegate it to an industry-formulated co-regulator, the Government has said.”

Full story

OUT-LAW.com, 17th March 2009

Source: www.out-law.com

HMRC investigates allegations of tax avoidance schemes at Barclays – The Times

Posted March 17th, 2009 in banking, news, tax avoidance by sally

“HM Revenue & Customs (HMRC) is reportedly investigating alleged tax avoidance schemes run by Barclays.”

Full story

The Times, 17th March 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted March 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AM v Local Authority & Anor [2009] EWCA Civ 205 (16 March 2009)

High Court (Queen’s Bench Division)

Harrison v Harrison [2009] EWHC 428 (QB) (06 February 2009)

Sports Network Ltd v Calzaghe [2009] EWHC 480 (QB) (16 March 2009)

High Court (Administrative Court)

B, R (on the application of) v Cornwall County Council & Anor [2009] EWHC 491 (Admin) (16 March 2009)

Source: www.bailii.org

Chairman sends detailed letter to the Legal Services Board – The Bar Council

Posted March 17th, 2009 in barristers, legal services, news, public interest by sally

“The Chairman of the Bar , Desmond Browne QC, has sent a letter to the Legal Services Board in response to its draft business plan. The detailed letter raises various areas of concern, including the fact that “promoting and protecting the public interest” is not set out as a regulatory objective.”

The full text of the Chairman’s letter

The Bar Council, 16th March 2009

Source: www.barcouncil.org.uk

Children’s lawyers and NSPCC renew calls for inquiry into access to family justice – The Bar Council

Posted March 17th, 2009 in family courts, legal aid, news by sally

“Lawyers acting for vulnerable children and families have today joined forces with the leading children’s charity, the NSPCC, to call for a Parliamentary inquiry into the state of the family justice system.”

Full story

The Bar Council, 16th March 2009

Source: www.barcouncil.org.uk

Sinclair v Glatt and others – WLR Daily

Posted March 17th, 2009 in assets recovery, expenses, law reports, receivers, remuneration by sally

Sinclair v Glatt and others [2009] EWCA Civ 176; [2009] WLR (D) 97

“A receiver appointed pursuant to s 77 of the Criminal Justice Act 1988 to get in the assets of a convicted money launderer was entitled to recover his remuneration, costs and expenses from the realisable assets caught by the order. That right extended to assets to which the convicted person had legal title but which were beneficially owned by someone else.”

WLR Daily, 16th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Zeca – Times Law Reports

Posted March 17th, 2009 in law reports, robbery, sentencing, suspended sentences by sally

Regina v Zeca

Court of Appeal (Criminal Division)

“It would be unjust to activate a completed unpaid work requirement attached to a suspended order of imprisonment where an offender breached the suspended order by committing a further offence.”

The Times, 17th 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 Edwards (Sharon) – Times Law Reports

Posted March 17th, 2009 in children, law reports, sentencing, sexual offences by sally

Regina v Edwards (Sharon)

Court of Appeal (Criminal Division)

“Legislation criminalising sexual activity with a child did not make any distinction according to whether the victim was a girl or a boy and, in sentencing for such an offence, the court should not do so either.”

The Times, 17th 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 17th, 2009 in legislation by sally

The Income Tax (Pay As You Earn) (Amendment) Regulations 2009

The Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2009

The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2009

The Pensions Act 2008 (Abolition of Safeguarded Rights) (Consequential) Order 2009

The National Health Service (Pharmaceutical Services and Local Pharmaceutical Services) Amendment Regulations 2009

The Social Security (Claims and Payments) Amendment Regulations 2009

The Factories Act 1961 and Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 2009

The Health and Safety Information for Employees (Amendment) Regulations 2009

The Social Security Benefits Up-rating Regulations 2009

The Social Security Revaluation of Earnings Factors Order 2009

The Social Security (Transitional Payments) Regulations 2009

The Social Security Pensions (Low Earnings Threshold) Order 2009

The Housing Benefit (Amendment) Regulations 2009

The Pensions Regulator (Miscellaneous Amendment) Regulations 2009

The Occupational, Personal and Stakeholder Pensions (Miscellaneous Amendments) Regulations 2009

The Local Authorities (Charges for Property Searches)(Wales) Regulations 2009

Source: www.opsi.gov.uk

FCO admits silence over torture victims – The Guardian

Posted March 17th, 2009 in intelligence services, news, terrorism, torture by sally

“The Foreign Office has admitted failing to make complaints on behalf of British nationals who say they have been tortured after being detained overseas during counter-terrorism investigations.”

Full story

The Guardian, 17th March 2009

Source: www.guardian.co.uk

Paedophile jailed for 31 offences – BBC News

Posted March 17th, 2009 in child abuse, news, sentencing, sexual offences by sally

“A former Oxford university chemist has been jailed for sexually assaulting a 17-month-old girl and having almost 20,000 child sex images and videos.”

Full story

BBC News, 16th March 2009

Source: www.bbc.co.uk

Lily Allen given legal protection from paparazzi harassment – The Guardian

Posted March 17th, 2009 in harassment, injunctions, news by sally

“Media law specialists Carter-Ruck has obtained a legal injunction from the high court to protect popstar Lily Allen from harassment by two paparazzi agencies, Big Pictures and Matrix Photos.”

Full story

The Guardian, 16th March 2009

Source: www.guardian.co.uk

Single mothers to be forced to name fathers on birth certificates – Daily Telegraph

Posted March 17th, 2009 in birth certificates, news, paternity by sally

“Single mothers will be forced to give the name of the child’s father on birth certificates to encourage men to take responsibility for their children, under plans to be approved by Parliament.”

Full story

Daily Telegraph, 16th March 2009

Source: www.telegraph.co.uk

Jailed man’s confession ‘apology’ – BBC News

Posted March 17th, 2009 in DNA, murder, news by sally

“A prisoner who could be freed after DNA evidence cast doubt over his conviction has apologised for wrongly confessing to murder in 1979.”

Full story

BBC News, 16th March 2009

Source: www.bbc.co.uk

Muslim man suffered ‘gross brutality’ during terrorism raid, court told – The Guardian

Posted March 17th, 2009 in news, police, terrorism by sally

“A British Muslim man accused of raising funds for terrorism was punched, kicked and strangled during his arrest by specialist officers from the Metropolitan police, the high court in London heard today.”

Full story

The Guardian, 16th March 2009

Source: www.guardian.co.uk