Day: 11 February 2010

Recent Statutory Instruments – OPSI

Posted February 11th, 2010 in legislation by sally

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) Order 2010

The Valuation for Rating (Plant and Machinery) (Wales) (Amendment) Regulations 2010

The Private Water Supplies (Wales) (Amendment) Regulations 2010

The Scottish Register of Tartans Act 2008 (Consequential Modifications) Order 2010

The Local Government (Wales) Measure 2009 (Consequential Modifications) Order 2010

The Mercury Export and Data (Enforcement) Regulations 2010

Source: www.opsi.gov.uk

Bar Council launches Judicial Review of Government’s Consultations on Criminal Legal Aid – The Bar Council

Posted February 11th, 2010 in criminal justice, judicial review, legal aid, pre-action conduct, press releases by sally

“In accordance with the Pre-Action Protocol for Judicial Review Claims, solicitors acting for the Bar Council have today written to the Legal Aid Minister, Lord Bach and to the Chairman of the Legal Services Commission, Sir Bill Callaghan in order to advance proceedings for judicial review of the Government’s consultations on criminal legal aid.  ”

Full press release

The Bar Council, 10th February 2010

Source: www.barcouncil.org.uk

OFT to test e-commerce contracts for fairness – OUT-LAW.com

Posted February 11th, 2010 in consumer protection, contracts, electronic commerce, news by sally

“Consumer protection regulator the Office of Fair Trading (OFT) has launched an investigation into whether complex contracts for goods and services are unfair to consumers. The investigation will particularly focus on online transactions.”

Full story

Out-Law.com, 9th February 2010

Source: www.out-law.com

R v Hancox and another – WLR Daily

Posted February 11th, 2010 in appeals, crime prevention, law reports, serious crime prevention orders by sally

R v Hancox and another [2010] EWCA Crim 102; [2010] WLR (D) 30

“The interference that the imposition of a serious crime prevention order would make to a defendant’s freedom of action had to be justified by the public benefit in preventing, restricting or disrupting involvement by the defendant in serious crime; it was not enough that the order might have some benefit.”

WLR Daily, 10th February 2010

Source: www.lawreports.co.uk

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

R v Carter (David) – WLR Daily

Posted February 11th, 2010 in juries, jury directions, law reports by sally

R v Carter (David) [2010] WLR (D) 29

“Where a member of the jury had to be discharged, at whatever stage of the trial, there was no requirement that the remaining members of the jury be directed to ignore the views expressed on any subject by the departed juror.”

WLR Daily, 10th February 2010

Source: www.lawreports.co.uk

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

McInnes v HM Advocate – Times Law Reports

Posted February 11th, 2010 in law reports by sally

McInnes v HM Advocate

Supreme Court

“When considering whether a criminal conviction in Scotland should be overturned because of a failure by the Crown to disclose witness statements to the defence, the question for the High Court of Justiciary to consider was whether, taking all the circumstances of the trial into account, there was a real possibility that the jury would have arrived at a different verdict if the material had been available.”

The Times, 11th February 2010

Source: www.timesonline.co.uk

Joe Calzaghe to sue promoter Frank Warren for £1.8m – BBC News

Posted February 11th, 2010 in fees, news, sport by sally

“Former world champion Joe Calzaghe is suing his ex-manager and promoter Frank Warren for £1.8m.”

Full story

BBC News, 10th February 2010

Source: www.bbc.co.uk

Teenage killer’s custody doubled over Gloucester attack – BBC News

Posted February 11th, 2010 in assault, attorney general, murder, news, sentencing by sally

“A teenager who killed a man with one punch has had his sentence more than doubled to three-and-a-half years.”

Full story

BBC News, 10th February 2010

Source: www.bbc.co.uk

Facebook takes down 30 prisoners’ pages after victim taunts – The Guardian

Posted February 11th, 2010 in harassment, internet, news, prisons, victims by sally

“Jack Straw, the justice secretary, says the 30 offending pages brought to the attention of Facebook had been removed within 48 hours.”

Full story

The Guardian, 11th February 2010

Source: www.guardian.co.uk

Ex-Cazenove trader set to stand trial for insider deals – The Times

Posted February 11th, 2010 in news by sally

“A former partner at Cazenove, the Queen’s stockbroker, who is due to stand trial on insider-dealing charges next week appeared in court for a pre-trial hearing yesterday.”

Full story

The Times, 11th February 2010

Source: www.timesonline.co.uk

Man who attacked intruder with samurai sword walks free – The Independent

Posted February 11th, 2010 in affray, news, offensive weapons, self-defence by sally

“A householder who faced a possible eight-year jail sentence for attacking an intruder with a samurai sword said today he just wanted to stop him getting into his house.  David Fullard, 46, from Brough, East Yorkshire, was charged with unlawful wounding but walked free when a jury found him not guilty, according to the Sun.”

Full story

The Independent, 11th February 2010

Source: www.independent.co.uk

Woman jailed for killing lover with poison curry – The Independent

Posted February 11th, 2010 in food, grievous bodily harm, murder, news, sentencing by sally

“A jealous woman who killed her former lover by lacing his curry with an ancient poison has been convicted of murder.”

Full story

The Independent, 11th February 2010

Source: www.independent.co.uk

Paying more to gardeners than cleaners is ‘sexist’, Appeal court rules – Daily Telegraph

Posted February 11th, 2010 in equal pay, local government, news, sex discrimination by sally

“The Appeal Court decided that inequality between the pay of mainly female carers working for Sheffield City Council and their predominantly male colleagues doing equivalent jobs, like gardening and rubbish collection, was ‘tainted by sex’.”

Full story

Daily Telegraph, 10th February 2010

Source: www.telegraph.co.uk

Brown wins big Commons victory for vote reform – The Independent

Posted February 11th, 2010 in elections, news, referendums by sally

“Gordon Brown’s plan to hold a referendum next year on scrapping the first-past-the-post system for elections for Westminster won a convincing majority last night in the Commons.”

Full story

The Independent, 10th February 2010

Source: www.independent.co.uk

Paedophile church worker who ‘boasted about his abuse online’ jailed – Daily Telegraph

Posted February 11th, 2010 in child abuse, indecent photographs of children, internet, news, sentencing, sexual offences prevention orders by sally

“A paedophile, Owen Baxter, who volunteered as a church youth worker so he could sexually abuse young boys before boasting about it on the internet, has been jailed.”

Full story

Daily Telegraph, 9th February 2010

Source: www.telegraph.co.uk

Advert for pills that guaranteed ‘sex life of you dreams’ is banned – Daily Telegraph

Posted February 11th, 2010 in advertising, medicines, news by sally

“An advertisement for tablets that guaranteed ‘the sex life of your dreams’  has been banned after a man complained that it didn’t work and demanded his money back.”

Full story

Daily Telegraph, 11th February 2010

Source: www.telegraph.co.uk

Trevor Phillips accused of trying to influence equalities watchdog inquiry – The Guardian

Posted February 11th, 2010 in equality, human rights, inquiries, news, parliament by sally

“Trevor Phillips, the head of the equalities watchdog, was today accused of attempting to influence an official inquiry into his work and may face a high-level investigation into allegations that his actions amount to contempt of both houses of parliament.”

Full story

The Guardian, 10th February 2010

Source: www.guardian.co.uk

Top judge: Binyam Mohamed case shows MI5 to be devious, dishonest and complicit in torture – The Guardian

Posted February 11th, 2010 in disclosure, intelligence services, judgments, news, torture by sally

“Legal defeat plunges Security Service into crisis over torture evidence, and it is revealed that judge removed damning verdict after Foreign Office QC’s plea.”

Full story

The Guardian, 1oth February 2010

Source: www.guardian.co.uk

MPs and expenses: no hiding behind the Bill of Rights – The Times

Posted February 11th, 2010 in news by sally

“It is the ultimate twist in the expenses scandal that the three MPs who, with one peer, face charges under the Theft Act 1968 are now invoking parliamentary privilege as their defence. It is also a lawyers’ field day: even before any trial starts, a court will have to rule on whether the Bill of Rights 1689 means that they cannot be questioned about the expenses rule book — and so be unable properly to defend themselves.”

Full story

The Times, 11th February 2010

Source: www.timesonline.co.uk

I can die in peace, says Hindu, after judges back fight for open-air pyre – The Times

Posted February 11th, 2010 in news by sally

“Hindus and Sikhs in Britain won a landmark court victory yesterday that will allow mourners to cremate their dead on funeral pyres.The Court of Appeal ruling follows a lengthy battle waged by a devout 71-year-old Hindu for the right to be cremated by ‘sacred fire’ according to the ancient diktats of his religion.”

Full story

The Times, 11th February 2010

Source: www.timesonline.co.uk