Recent Statutory Instruments – legislation.gov.uk

Posted December 2nd, 2010 in legislation by sally

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) (No. 2) Order 2010

The Legal Services Act 2007 (Commencement No. 9) Order 2010

The Medical Profession (Responsible Officers) Regulations 2010

The Nuclear Decommissioning and Waste Handling (Designated Technical Matters) Order 2010

The Tobacco Products (Descriptions of Products) (Amendment) Order 2010

Source: www.legislation.gov.uk

The Bridgewater Canal Co Ltd v GEO Networks Ltd – WLR Daily

Posted December 2nd, 2010 in canals, compensation, construction industry, law reports, telecommunications by sally

The Bridgewater Canal Co Ltd v GEO Networks Ltd [2010] EWCA Civ 1348; [2010] WLR (D) 306

“On the proper construction of the Electronic Communications Code, set out in Sch 2 to the Telecommunications Act 1984 as amended by the Communications Act 2003, the special regime which applied to linear obstacles differed not only from the general regime but also from the other special regimes for which the code provided. When determining, under para 13(2)(e of Sch 2), an award of compensation or consideration in respect of the right to carry out works and the loss sustained by reason of doing so in implementation of the right to install and keep, there was no reason to interpolate into the words ‘the right to carry out the works’ in para (13)(2)(e) the additional words ‘and to keep the same’. Accordingly, an operator of a communications network installing a cable through an existing duct under a canal was liable to pay to the person with control of the land compensation only for the right to execute the works and not also for the right to keep them on the relevant land as and when executed.”

WLR Daily, 1st December 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.

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London – WLR Daily

Posted December 2nd, 2010 in evidence, inquests, law reports, legal representation, public interest by sally

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London
[2010] EWHC 3098 (Admin); [2010] WLR (D) 305

“A coroner did not have power to receive sensitive evidence relating to the security service in a closed hearing in the absence of properly interested persons and their legal representatives.”

WLR Daily, 1st December 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.

House of Commons inquiry – Law Society’s Gazette

Posted December 2nd, 2010 in inquiries, legal aid, news by sally

“The House of Commons’ Justice Committee has launched an inquiry into the government’s recent legal aid green paper, inviting evidence on the likely impact of the reforms on the number and quality of legal aid practitioners, and whether the government’s civil justice proposals mirror the Jackson report.”

Full story

Law Society’s Gazette, 2nd December 2010

Source: www.lawgazette.co.uk

Lesbian mother loses battle to stop gay father spending time with children – Daily Telegraph

Posted December 2nd, 2010 in homosexuality, news, parental rights by sally

“A lesbian mother has lost her Appeal Court battle to stop the wealthy gay father of her two children spending more time with them.”

Full story

Daily Telegraph, 1st December 2010

Source: www.telegraph.co.uk

More QCs on our TVs – The Guardian

Posted December 2nd, 2010 in media, news, Supreme Court by sally

“When the UK supreme court opened for business just over a year ago one of its most exciting innovations was that, for the first time in the UK, hearings would be filmed and recordings made available to broadcasters.”

Full story

The Guardian, 1st December 2010

Source: www.guardian.co.uk

High Court upholds bid to ban cigarette machines – The Independent

Posted December 2nd, 2010 in children, news, sale of goods, smoking by sally

“Government plans to ban cigarette vending machines to help prevent under-age smoking were upheld as lawful by the High Court today.”

Full story

The Independent, 1st December 2010

Source: www.independent.co.uk

Hair test ‘nearly cost mother baby’ – BBC News

Posted December 2nd, 2010 in alcoholism, children, news, social services by sally

“A hair test on a mother who nearly lost her child over alcohol allegations has been criticised by the High Court – potentially calling into question some tests done in similar cases.”

Full story

BBC News, 1st December 2010

Source: www.bbc.co.uk

Appeal bid by former police chief adjourned – The Independent

Posted December 2nd, 2010 in appeals, corruption, news, police by sally

“The latest appeal bid by a former Scotland Yard commander jailed for corruption will be heard next year after his case was adjourned today for investigations into new material he hopes will prove his innocence.”

Full story

The Independent, 1st December 2010

Source: www.independent.co.uk

Amnesty International say police bill will let war criminals go free – The Guardian

Posted December 2nd, 2010 in bills, Israel, news, war crimes by sally

“Britain was accused by Amnesty International of handing a ‘free ticket’ to suspected war criminals after the government published parliamentary legislation designed to make it more difficult to arrest Israeli officials and ministers on British soil.”

Full story

The Guardian, 1st December 2010

Source: www.guardian.co.uk

26 years for stabbing mum and baby – The Independent

Posted December 2nd, 2010 in murder, news, offensive weapons, sentencing by sally

“A bar manager who murdered his girlfriend and their 10-month-old daughter in a ‘sustained and fearsome’ knife attack will spend at least 26 years in prison, a judge said today.”

Full story

The Independent, 1st December 2010

Source: www.independent.co.uk

Cost of youth crime rises to £1.2bn a year – The Guardian

Posted December 2nd, 2010 in news, unemployment, young offenders by sally

“The cost of youth crime in Britain has risen sharply to £1.2bn a year due to more youngsters being imprisoned, according to a report by the Prince’s Trust and RBS.”

Full story

The Guardian, 2nd December 2010

Source: www.guardian.co.uk

No compensation for hepatitis C blood transfusion woman – BBC News

Posted December 1st, 2010 in blood products, compensation, hospitals, news by sally

“A woman who was infected with hepatitis C during a blood transfusion more than 20 years ago has lost a High Court bid for compensation.”

Full story

BBC News, 1st December 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 1st, 2010 in law reports by sally

Court of Appeal (Civil Division)

Geo Networks Ltd v The Bridgewater Canal Co Ltd [2010] EWCA Civ 1348 (30 November 2010)

High Court (Administrative Court)

K, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3102 (Admin) (29 November 2010)

Michael, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3026 (Admin) (05 November 2010)

Kownacki, R (on the application of) v District Court In Olsztyn Poland [2010] EWHC 3027 (Admin) (05 November 2010)

Shahid, R (on the application of) v Birmingham Magistrates’ Court [2010] EWHC 2969 (Admin) (04 November 2010)

Secretary of State for the Home Department, R (on the application of) v Assistant Deputy Coroner for Inner West London [2010] EWHC 3098 (Admin) (30 November 2010)

High Court (Technology and Construction Court)

RWE Npower Plc v Alstom Power Ltd & Ors [2010] EWHC 3061 (TCC) (30 November 2010)

Linklaters Business Services v Sir Robert McAlpine Ltd & Ors [2010] EWHC 3123 (TCC) (30 November 2010)

High Court (Patents Court)

Virgin Atlantic Airways Ltd v Delta Airways Inc [2010] EWHC 3094 (Pat) (30 November 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 1st, 2010 in legislation by sally

The Housing Benefit (Amendment) Regulations 2010

The Rent Officers (Housing Benefit Functions) Amendment Order 2010

The Export Control (Amendment) (No. 3) Order 2010

The Justification Decision (Generation of Electricity by the EPR Nuclear Reactor) Regulations 2010

The Justification Decision (Generation of Electricity by the AP1000 Nuclear Reactor) Regulations 2010

The Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2010

The Immigration (Designation of Travel Bans) (Amendment) Order 2010

The Export Control (Amendment) (No. 3) Order 2010

The Rate of Bereavement Benefits Regulations 2010

The Police Authority (Amendment No. 2) Regulations 2010

Source: www.legislation.gov.uk

Fair comment is dead. Long live honest comment – The Guardian

Posted December 1st, 2010 in defamation, internet, news by sally

“Today’s supreme court judgment has significant ramifications for the law on defamation.”

Full story

The Guardian, 1st December 2010

Source: www.guardian.co.uk

Related link: Full judgment from UK supreme court: Spiller v Joseph [2010] UKSC 53

Legal aid solicitors overpaid by £77m – Law Society’s Gazette

Posted December 1st, 2010 in fees, legal aid, news, solicitors by sally

“Legal aid solicitors have been overpaid by almost £77m, according to a report published today by public spending watchdog, the National Audit Office.”

Full story

Law Society’s Gazette, 30th November 2010

Source: www.lawgazette.co.uk

Creating a legal training framework that will breed diversity – The Guardian

Posted December 1st, 2010 in legal education, legal profession, news by sally

“As the legal professions – dominated by ex-private school pupils – seek to open up, getting it right is more important than doing it quickly.”

Full story

The Guardian, 30th November 2010

Source: www.guardian.co.uk

UK ‘complicit in al-Qaeda man’s torture’ – BBC News

Posted December 1st, 2010 in appeals, news, terrorism, torture by sally

“A man convicted of serious terrorism offences in the UK has launched an appeal, telling judges the UK was complicit in his torture abroad.”

Full story

BBC News, 30th November 2010

Source: www.bbc.co.uk

RSPCA loses court appeal against £2.35m will ruling – The Guardian

Posted December 1st, 2010 in charities, news, wills by sally

“The RSPCA has lost a court of appeal challenge against a ruling that overturned a will leaving them a £2.35m farmhouse and land in Northallerton, North Yorkshire.”

Full story

The Guardian, 30th November 2010

Source: www.guardian.co.uk