Child rapist jailed indefinitely – BBC News

Posted April 2nd, 2009 in children, news, rape, sentencing by sally

“A paedophile who returned to the scene of a previous sex attack to rape a schoolboy has been jailed indefinitely.”

Full story

BBC News, 2nd April 2009

Source: www.bbc.co.uk

Workplace grievance and flexible working laws change on Monday – OUT-LAW.com

Posted April 2nd, 2009 in disciplinary procedures, flexible working, news by sally

“The way workplace disputes are handled will change from Monday. The Government’s scrapping of the statutory grievance and disciplinary procedures is just one of the law changes that will come into effect on 6th April.”

Full story

OUT-LAW.com, 2nd April 2009

Source: www.out-law.com

BAILII: Recent Decisions

Posted April 2nd, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Wood, R v [2009] EWCA Crim 651 (02 April 2009)

R. v Peacock & Anor [2009] EWCA Crim 654 (02 April 2009)

Evans, R v [2009] EWCA Crim 650 (02 April 2009)

Court of Appeal (Civil Division)

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld & Anor [2009] EWCA Civ 280 (02 April 2009)

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd [2009] EWCA Civ 290 (02 April 2009)

Hawkes v Cuddy & Ors [2009] EWCA Civ 291 (02 April 2009)

KJ (Sri Lanka) v Secretary of State for the Home Department [2009] EWCA Civ 292 (02 April 2009)

Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288 (02 April 2009)

MA (Ethiopia) v Secretary of State for the Home Department [2009] EWCA Civ 289 (02 April 2009)

Pease & Anor v McMillan & Ors [2009] EWCA Civ 258 (02 April 2009)

X & Anor v London Borough of Hounslow [2009] EWCA Civ 286 (02 April 2009)

Secretary of State for the Home Department v AHK & Ors [2009] EWCA Civ 287 (02 April 2009)

High Court (Administrative Court)

Hutton v Government of Australia [2009] EWHC 564 (Admin) (20 March 2009)

Eley v Secretary of State for Communities and Local Government & Ors [2009] EWHC 660 (Admin) (02 April 2009)

High Court (Patents Court)

Synthon BV v Merz Pharma GmbH & Co KGaA [2009] EWHC 656 (Pat) (02 April 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted April 2nd, 2009 in legislation by sally

The Public Service Vehicles (Operators’ Licences) (Amendment) Regulations 2009

The Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations 2009

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009

The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2009

The Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2009

The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2009

The Value Added Tax (Amendment) (No. 2) Regulations 2009

The Personal Injuries (NHS Charges) Amendment (No. 2) Regulations 2009

The Local Transport Act 2008 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2009

The National Health Service (Amendments relating to Optical Charges and Payments) (Wales) Regulations 2009

The Education (Recognised Bodies) (Wales) (Amendment) Order 2009

The Education (Listed Bodies) (Wales) (Amendment) Order 2009

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

The Cosmetic Products (Safety) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Pop star union demands new kind of copyright extension – OUT-LAW.com

Posted April 2nd, 2009 in copyright, news by sally

“A pop stars’ pressure group has called for copyright in sound recordings to be extended beyond the current 50-year term but has said that artists should be given control of the copyright after 50 years.”

Full story

OUT-LAW.com, 2nd April 2009

Source: www.out-law.com

Heroin death jail appeal rejected – BBC News

Posted April 2nd, 2009 in drug abuse, homicide, negligence, news by sally

“The Court of Appeal has dismissed an appeal by a woman who failed to call for medical help while her half-sister was dying of a heroin overdose.”

Full story

BBC News, 2nd April 2009

Source: www.bbc.co.uk

MEPs urge governments to produce surveillance register – OUT-LAW.com

Posted April 2nd, 2009 in EC law, investigatory powers, news by sally

“Governments should create a list of all organisations that track internet use and produce an annual report on internet surveillance, the European Parliament has said.”

Full story

OUT-LAW.com, 2nd April 2009

Source: www.out-law.com

Hundreds cautioned over child sex – BBC News

Posted April 2nd, 2009 in children, news, sexual offences by sally

“A total of 229 adults were handed a police caution for subjecting children aged under 13 to sex offences, figures for 2004 to 2007 have shown.”

Full story

BBC News, 2nd April 2009

Source: www.bbc.co.uk

Law Commission welcomes reform of outdated trusts law – Law Commission

Posted April 2nd, 2009 in news, trusts by sally

“The Law Commission welcomes the introduction of the Perpetuities and Accumulations Bill in the House of Lords today.”

Full story (PDF)

Law Commission, 1st April 2009

Source: www.lawcom.gov.uk

EDO Corpn v Ultra Electronics Ltd – WLR Daily

Posted April 2nd, 2009 in arbitration, disclosure, law reports, pre-action conduct by sally

EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114

The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be determined by arbitration.”

WLR Daily, 1st April 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 (A) v Secretary of State for Health – WLR Daily

Posted April 2nd, 2009 in asylum, domicile, law reports, medical treatment by sally

R (A) v Secretary of State for Health [2009] EWCA Civ 225; [2009] WLR (D) 113

“A failed asylum seeker was not ‘ordinarily resident’ within the United Kingdom for the purposes of entitlement to treatment as of right by the National Health Service free of charge. The Guidance as to how a health body should exercise such discretion as it had to grant or withhold treatment in such a case was unlawful for lack of clarity.”

WLR Daily, 1st April 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.

In re Overnight Ltd Goldfarb v Higgins and Another – Times Law Reports

Posted April 2nd, 2009 in fraudulent trading, law reports, limitations, winding up by sally

In re Overnight Ltd Goldfarb v Higgins and Another

Chancery Division

“The cause of action for fraudulent trading under section 213 of the Insolvency Act 1986 accrued on the making of the winding-up order.”

The Times, 2nd April 2009

Source: www.timesonline.co.uk

Regina (A) v Secretary of State for Health – Times Law Reports

Posted April 2nd, 2009 in asylum, law reports, medical treatment by sally

Regina (A) v Secretary of State for Health

Court of Appeal

“A failed asylum seeker was not ordinarily resident in the United Kingdom so as to be entitled to free treatment by the National Health Service.”

The Times, 2nd April 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted April 2nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Napp Pharmaceutical Holdings Ltd v Ratiopharm GmbH [2009] EWCA Civ 252 (01 April 2009)

Partridge Farms Ltd, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2009] EWCA Civ 284 (01 April 2009)

Myerson v Myerson [2009] EWCA Civ 282 (01 April 2009)

Shaw v Doleman [2009] EWCA Civ 283 (01 April 2009)

McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285 (01 April 2009)

Alexander-David v London Borough of Hammersmith & Fulham [2009] EWCA Civ 259 (01 April 2009)

High Court (Chancery Division)

Country Estates Construction Ltd v Oxfordshire County Council [2009] EWHC 642 (Ch) (27 March 2009)

High Court (Commercial Court)

National Navigation Co v Endesa Generacion Sa [2009] EWHC 196 (Comm) (01 April 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted April 2nd, 2009 in legislation by sally

The International Headquarters and Defence Organisations (Designation and Privileges) (Amendment) Order 2009

The Road Vehicles (Approval) Regulations 2009

The Road Vehicles (Individual Approval) (Fees) Regulations 2009

The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2009

The Renewables Obligation Order 2009

The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009

The Occupational Pension Schemes (Levy Ceiling) Order 2009

The Pension Protection Fund (Pension Compensation Cap) Order 2009

The Abolition of the Commission for the New Towns and the Urban Regeneration Agency (Appointed Day and Consequential Amendments) Order 2009

The Housing and Regeneration Act 2008 (Commencement No. 4 and Transitory Provisions) Order 2009

The Pensions Act 2008 (Commencement No. 3 and Consequential Provisions) Order 2009

The Capital Gains Tax (Annual Exempt Amount) Order 2009

Source: www.opsi.gov.uk

Enough of shabby journalism – the media’s job is too important – The Times

Posted April 2nd, 2009 in media, news, privacy by sally

“Do we really need yet another poorly drafted statute from a government obsessed with passing new laws?”

Full story

The Times, 2nd April 2009

Source: www.timesonline.co.uk

Privacy: the new law will freeze the lifeblood of the media – The Times

Posted April 2nd, 2009 in media, news, privacy by sally

“There is a danger that the media will abandon expensive investigations and litigation and move on to other, easier stories.”

Full story

The Times, 2nd April 2009

Source: www.timesonline.co.uk

Mother of Rhys’s killer is jailed – The Independent

Posted April 2nd, 2009 in news, perverting the course of justice, sentencing by sally

“The mother of the gunman who murdered Rhys Jones was jailed for three years yesterday for lying to detectives who were investigating the schoolboy’s murder.”

Full story

The Independent, 2nd April 2009

Source: www.independent.co.uk

Redundancy in the City: painful lessons for the big beasts – The Times

Posted April 2nd, 2009 in law firms, news, redundancy by sally

“Simon Davies, Linklaters’ managing partner, says that the good times will return to big City firms – but in a different guise.”

Full story

The Times, 2nd April 2009

Source: www.timesonline.co.uk

Tribunal awards: defaulters’ names to be put on public debt register – Ministry of Justice

Posted April 2nd, 2009 in debts, employment tribunals, news by sally

“People who fail to pay awards made by employment tribunals will be publicly named and shamed from today, as the government clamps down hard on employers who disregard tribunal rulings.”

Full story

Ministry of Justice, 1st April 2009

Source: www.justice.gov.uk