April 2010 – Page 11 – Current Awareness

Vaughan v Vaughan – WLR Daily

Posted April 13th, 2010 in appeals, financial provision, law reports, periodical payments by sally

Vaughan v Vaughan [2010] EWCA Civ 349; [2010] WLR (D) 95

“When a judge was determining (i) a husband’s application to terminate a financial obligation to his former wife and (ii) the former wife’s application to capitalise the obligation, and he was comparing the financial needs of the former wife and a present wife, there remained a presumption that on marriage each spouse took the other subject to all existing encumbrances, whether known or not.”

WLR Daily, 12th April 2010

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.

Independent News & Media Ltd and others v A – WLR Daily

Posted April 13th, 2010 in appeals, Court of Protection, law reports, media, private hearings by sally

Independent News & Media Ltd and others v A [2010] EWCA Civ 343; [2010] WLR (D) 94

“Hearings held in the Court of Protection would normally be held in private but in certain circumstances the media could be authorised to attend and report proceedings.”

WLR Daily, 12th April 2010

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.

Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons) – Times Law Reports

Posted April 13th, 2010 in law reports by sally

Attorney-General’s Reference (No 96 of 2009) Regina v F (Sentencing reasons)

Court of Appeal (Criminal Division)

“If a judge decided to reduce his sentencing reasons into writing, he should read them out in open court so that all he had to say was available to the defendant, the complainant, the jury and the public at large.”

The Times, 13th April 2010

Source: www.timesonline.co.uk

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales – Times Law Reports

Posted April 13th, 2010 in law reports by sally

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales

Chancery Division

“A Roman Catholic adoption agency was entitled to take advantage of an exception to sexual orientation discrimination in favour of charities generally so that was not unlawful for it to refuse to provide its services to same-sex couples.”

The Times, 13th April 2010

Source: www.timesonline.co.uk

Law Commissions consult on creating new consumer right – OUT-LAW.com

Posted April 13th, 2010 in consultations, consumer protection, Law Commission, news by sally

“The Law Commission and Scottish Law Commission are reviewing whether or not consumers should be able to take direct action against retailers who treat them unfairly. It has asked consumers and businesses if the action would be too severe.”

Full story

OUT-LAW.com, 12th April 2010

Source: www.out-law.com

Female soldier wins discrimination claim against army – The Guardian

Posted April 13th, 2010 in armed forces, compensation, employment tribunals, news, race discrimination, sex discrimination by sally

“A soldier disciplined by the army after missing a parade to look after her daughter is set to receive damages after winning an employment tribunal claim, it was reported today.”

Full story

The Guardian, 13th April 2010

Source: www.guardian.co.uk

British involvement in rendition of suspects will continue, says Straw – The Independent

Posted April 13th, 2010 in news, rendition, terrorism by sally

“The Government has rejected parliamentary proposals for tough new laws to stamp out the UK’s involvement in the kidnap and unlawful transfer of terror suspects to third-party states, The Independent has learnt.”

Full story

The Independent, 13th April 2010

Source: www.independent.co.uk

We may have gone too far in suspecting abuse – The Times

Posted April 13th, 2010 in news by sally

“The family courts are groaning under the weight of applications to take children into care. Within weeks of the Baby Peter tragedy being made public, legal departments at local authorities went into overdrive as social workers decided that they would no longer take chances where they suspected, but were not certain, that a child was in danger of abuse or neglect.”

Full story

The Times, 13th April 2010

Source: www.timesonline.co.uk

Sir Nicholas Wall: the forthright and firm judge in the family courts – The Times

Posted April 13th, 2010 in news by sally

“The formal swearing in today of the new top family judge in England and Wales may be a relatively low-key affair — but Sir Nicholas Wall is unlikely in future to have a low profile to match.”

Full story

The Times, 13th April 2010

Source: www.timesonline.co.uk

Judge in charge of family courts criticises ‘arrogant social workers’ – The Times

Posted April 13th, 2010 in news by sally

“Social workers have been criticised as ‘arrogant and enthusiastic removers of children from their parents’ by the judge who takes charge of the family courts today.”

Full story

The Times, 13th April 2010

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted April 12th, 2010 in legislation by sally

The Food Hygiene (Wales) (Amendment) Regulations 2010

The School Funding (Wales) Regulations 2010

The Criminal Procedure and Investigations Act 1996 (Code of Practice for Interviews of Witnesses Notified by Accused) Order 2010

The Damages-Based Agreements Regulations 2010

The Parental Orders (Prescribed Particulars and Forms of Entry) Regulations 2010

The Commons Councils (Standard Constitution) (England) Regulations 2010

The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) Order 2010

The House of Commons Disqualification Order 2010

The Pensions Act 2008 (Commencement No. 8) Order 2010

Source: www.opsi.gov.uk

Equality Act 2010

Posted April 12th, 2010 in equality, legislation by sally

Equality Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Sustainable Communities Act 2007 (Amendment) Act 2010

Posted April 12th, 2010 in legislation, local government by sally

Sustainable Communities Act 2007 (Amendment) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Digital Economy Act 2010

Posted April 12th, 2010 in copyright, internet, legislation by sally

Digital Economy Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

‘Virtually blind’ pensioner with eye condition Macular Degeneration jailed for killing pedestrian – Daily Telegraph

Posted April 12th, 2010 in careless driving, disabled persons, news, sentencing by sally

“A 66-year-old man has become the first person in Britain to be jailed for causing a fatal crash whilst deliberately driving with the eye condition Macular Degeneration.”

Full story

Daily Telegraph, 12th April 2010

Source: www.telegraph.co.uk

Expenses MPs Devine, Chaytor and Morley get legal aid – BBC News

Posted April 12th, 2010 in expenses, legal aid, news by sally

“Three former Labour MPs facing criminal charges over their expenses have won the right to have their legal fees paid for by the taxpayer.”

Full story

BBC News, 12th April 2010

Source: www.bbc.co.uk

Judicial committee to investigate use of ‘super injunctions’ – OUT-LAW.com

Posted April 12th, 2010 in defamation, injunctions, media, news by sally

“A judicial committee has been set up to investigate the use of ‘super injunctions’, the gags on the press which newspapers are not even allowed to acknowledge the existence of.”

Full story

OUT-LAW.com, 12th April 2010

Source: www.out-law.com