Straw urged to exempt medical records from data sharing – The Guardian

Posted March 3rd, 2009 in data protection, medical records, news by sally

“The medical professions are to press the justice secretary, Jack Straw, today to exempt personal medical records from the widespread data-sharing powers in his coroners and justice bill.”

Full story

The Guardian, 3rd March 2009

Source: www.guardian.co.uk

Foster parents not warned of teen sex offender who raped their son – The Times

Posted March 3rd, 2009 in criminal records, fostering, news, rape, social security by sally

“Social workers failed to warn foster parents about sexual offences committed by a teenager placed in their care who went on to rape their two-year-old son and abuse their nine-year-old daughter.”

Full story 

The Times, 3rd March 2009

Source: www.timesonline.co.uk

Jail for 1977 bus station rapist – BBC News

Posted March 2nd, 2009 in news, rape, sentencing by sally

“A man has been jailed for six-and-a-half years after pleading guilty to the rape of a woman at a South Yorkshire bus station 32 years ago.”

Full story 

BBC News, 2nd March 2009

Source: www.bbc.co.uk

Internet auction fraudster jailed – BBC News

Posted March 2nd, 2009 in conspiracy, fraud, internet, news, sentencing by sally

“A man who faked his own death after conning eBay customers of £23,500 worth of goods they never received has been jailed for two years.”

Full story

BBC News, 2nd March 2009

Source: www.bbc.co.uk

Spiritualist minister found guilty of murdering makeup artist wife – The Guardian

Posted March 2nd, 2009 in murder, news by sally

“A spiritualist minister was jailed for life today after being found guilty of murdering his makeup artist wife after she discovered he had been having an affair and calling gay chatlines.”

Full story

The Guardian, 2nd March 2009

Source: www.guardian.co.uk

Flood-hit family sued by neighbours for ruining view – Daily Telegraph

Posted March 2nd, 2009 in news, privacy by sally

“A family forced to spend a year in a caravan outside their flood-damaged home are being sued by their next door neighbours who claim it ruined the view and intruded on their privacy.”

Full story 

Daily Telegraph, 2nd March 2009

Source: www.telegraph.co.uk

Ex-restaurant boss spared prison – BBC News

Posted March 2nd, 2009 in insider dealing, news, sentencing by sally

“A former multi-millionaire restaurant boss has been spared jail for two offences of insider trading.”

Full story 

BBC News, 2nd March 2009

Source: www.bbc.co.uk

Prison sentence for 122mph biker – BBC News

Posted March 2nd, 2009 in dangerous driving, motorcycles, news, sentencing by sally

“A motorcyclist caught speeding at 122mph (196km/h) with his 14-year-old son riding pillion has been sentenced to six months in prison.”

Full story

BBC News, 2nd March 2009

Source: www.bbc.co.uk

Crucial patent law terms are not synonymous, House of Lords rules – OUT-LAW.com

Posted March 2nd, 2009 in news, patents by sally

“Two concepts at the heart of patent law are not synonymous, the House of Lords has ruled. The judgment in a dispute over anti-depressant medicines is likely to clarify a complex point of patent law.”

Full story

OUT-LAW.com, 27th February 2009

Source: www.out-law.com

OFT pursues first criminal action under Unfair Trading Regulations – OUT-LAW.com

Posted March 2nd, 2009 in consumer protection, news by sally

“New criminal investigation powers granted to the Office of Fair Trading (OFT) by consumer protection laws have been used for the first time. The OFT has conducted raids while investigating a suspected scam in Bristol.”

Full story

OUT-LAW.com, 26th February 2009

Source: www.out-law.com

BAILII: Recent Decisions

Posted March 2nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Ruttle Plant Hire Ltd v Secretary of State for Environment Food & Rural Affairs [2009] EWCA Civ 97 (27 February 2009)

 Penny & Anor v Digital Structures Ltd [2009] EWCA Civ 144 (02 March 2009)

Morgan & Anor v Hinton Organics (Wessex) Ltd [2009] EWCA Civ 107 (02 March 2009)

Court of Appeal (Criminal Division)  

Williams, R. v [2009] EWCA Crim 107 (27 February 2009)

High Court (Chancery Division)

Serious Organised Crime Agency v Szepietowski & Ors [2009] EWHC 344 (Ch) (27 February 2009)

Bailey v Wood & Ors [2009] EWHC 363 (Ch) (27 February 2009)

High Court (Administrative Court)

The Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions [2009] EWHC 341 (Admin) (27 February 2009)

LG, R (on the application of) v Tom Hood School [2009] EWHC 369 (Admin) (02 March 2009)

Leeside International Inc & Anor, R (on the application of) v London Borough of Tower Hamlets [2009] EWHC 325 (Admin) (02 March 2009)

High Court (Queen’s Bench Division)

Plumbly v Beatthatquote.Com Ltd. [2009] EWHC 321 (QB) (27 February 2009)

Source: www.bailii.org.uk  

  

 

   

Recent Statutory Instruments – OPSI

Posted March 2nd, 2009 in legislation by sally

The Children and Young Persons Act 2008 (Commencement No. 1) (England) Order 2009

The Water Act 2003 (Commencement No. 9 and Saving Provisions) (England) Order 2009

The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

The Bank Administration (England and Wales) Rules 2009

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009

The Social Security (Habitual Residence) (Amendment) Regulations 2009

The Rotherham Doncaster and South Humber Mental Health NHS Foundation Trust (Transfer of Trust Property) Order 2009

Source: www.opsi.gov.uk

Landlord Protect Ltd v St Anselm Development Co Ltd – WLR Daily

Posted March 2nd, 2009 in assignment, law reports, leases by sally

Landlord Protect Ltd v St Anselm Development Co Ltd; [2009] WLR (D) 72

Where the landlord’s consent was required to an assignment of a lease, the landlord could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”

WLR Daily, 27th February 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.

 

Office of Communications v Information Comr – WLR Daily

Office of Communications v Information Comr; [2009] WLR (D) 71

When balancing the public interest in maintaining an exception to disclosure of environmental information against the public interest in its disclosure the correct test was to consider whether the aggregate public interest in maintaining the exception outweighed the public interest in disclosure. A benefit arising from unlawful use of disclosed information could be taken into account as an aspect of the public interest in disclosure.”

WLR Daily, 27th February 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.

 

Dobson v Thames Water Utilities Ltd – WLR Daily

Posted March 2nd, 2009 in damages, law reports, nuisance, utilities by sally

Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28; [2009] WLR (D) 70

Where a court was considering an award of damages to an occupier of land for loss of amenity following transitory nuisance the actual impact on the occupier was relevant. An award would normally constitute just satisfaction to the occupier and no further compensation was due under s 8 of the Human Rights Act 1998.”

WLR Daily, 27th February 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.

 


Office of Fair Trading v Abbey National plc and others – WLR Daily

Posted March 2nd, 2009 in consumer protection, law reports, unfair contract terms by sally

Office of Fair Trading v Abbey National plc and others [2009] EWCA Civ 116; [2009] WLR (D) 69

Terms in standard form contracts between bank and customer providing for relevant charges when a customer gave instructions for payment but had insufficient funds in his current account were not exempt from assessment as to fairness under reg 6(2) of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 27th February 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.

 

G and S Brough Ltd v Salvage Wharf Ltd and Another – Times Law Reports

Posted March 2nd, 2009 in law reports, prescription, right to light by sally

G and S Brough Ltd v Salvage Wharf Ltd and Another

Court of Appeal

“A property owner who made an agreement with a developer as to his prescriptive rights to light in respect of a development which would have had a minimal impact on the light to that property, did not lose those rights to light, so that a developer whose later redevelopment would extinguish those rights to light could not rely on the earlier agreement to defeat the owner’s rights.”

The Times, 2nd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Landlord Protect Ltd v St Anselm Development Co Ltd – Times Law Reports

Posted March 2nd, 2009 in assignment, law reports, leases by sally

Landlord Protect Ltd v St Anselm Development Co Ltd

Court of Appeal

“Where the head landlord’s consent was required to an assignment of a lease, he could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”

The Times, 2nd March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Police to study case for pardoning football fan – The Independent

Posted March 2nd, 2009 in attempted murder, attempts, murder, news, pardons by sally

“The prospect of a pardon for Michael Shields increased last night when the Justice Secretary Jack Straw revealed that he has asked Merseyside Police to examine the case.”

Full story

The Independent, 28th February 2009

Source: www.independent.co.uk

Community sentences laughed at, report finds – Daily Telegraph

Posted March 2nd, 2009 in community service, news by sally

“Community sentences are ‘laughed at’ because offenders who breach them are not punished harshly enough, according to a study by the Centre for Crime and Justice Studies at King’s College, London.”

Full story

Daily Telegraph, 2nd March 2009

Source: www.telegraph.co.uk