Legal aid cuts will happen ‘under any government’, parties warn – Law Society’s Gazette

Posted April 9th, 2010 in legal aid, news, political parties by sally

“The legal aid budget will face further cuts whoever wins the election, politicians from the three main parties warned last week.”

Full story

Law Society’s Gazette, 9th April 2010

Source: www.lawgazette.co.uk

What is happening to our magistrates? We must sound the alarm – The Times

Posted April 9th, 2010 in news by sally

“More than 55 per cent of criminal offences are dealt with outside our courts — on-the-spot fines exceed 200,000 a year and more than a fifth of offenders who breach conditional cautions are not pursued by the Crown Prosecution Service. A Commons select committee described this as representing ‘a fundamental change to our concept of a criminal justice system’.”

Full story

The Times, 8th April 2010

Source: www.timesonline.co.uk

Lords back mephedrone ban – The Independent

Posted April 9th, 2010 in drug abuse, drug offences, news, parliament by sally

“A ban on mephedrone and other so-called ‘legal highs’ was backed by the Lords today amid accusations ministers were guilty of a ‘knee-jerk’ response.”

Full story

The Independent, 8th April 2010

Source: www.independent.co.uk

Teenager convicted over false claims over new home of Bulger killer – The Guardian

Posted April 9th, 2010 in communicating false information, news, theft by sally

“A teenager has admitted spreading false rumours about the supposed location of one of James Bulger’s killers, police confirmed today.”

Full story

The Guardian, 8th April 2010

Source: www.guardian.co.uk

Under-18s to be banned from using sunbeds – The Independent

Posted April 9th, 2010 in children, consumer protection, legislation, news by sally

“Under-18s are to be banned from using sunbeds under new legislation passed by Parliament. Tanning salons will also have to be manned, meaning that coin-operated booths will be outlawed after several children suffered serious burns after using them without supervision.”

Full story

The Independent, 9th April 2010

Source: www.independent.co.uk

A ban on referral fees may be too late for lawyers – The Times

Posted April 9th, 2010 in news by sally

“What price access to justice for injured people? Right now it’s somewhere between £600 and £800.”

Full story

The Times, 8th April 2010

Source: www.timesonline.co.uk

Man sentenced after wife told police of child images – BBC News

“A woman called police after finding indecent images of children on her husband’s laptop, a court has heard.”

Full story

BBC News, 8th April 2010

Source: www.bbc.co.uk

Hello! pays Jude Law privacy damages – The Guardian

Posted April 8th, 2010 in damages, media, news, privacy by sally

“Jude Law has settled a breach of privacy action with Hello! magazine, with the magazine agreeing to pay £9,500 in damages and undertaking not to publish any pictures of the Alfie star with his children until they are 18.”

Full story

The Guardian, 8th April 2010

Source: www.guardian.co.uk

Policemen jailed for inflicting ‘deliberate cruelty’ – The Guardian

Posted April 8th, 2010 in misfeasance in public office, news, police, sentencing by sally

“PC and sergeant sentenced to 18 months’ jail after a judge said their treatment of suspect was ‘little short of torture.’ ”

Full story

The Guardian, 8th April 2010

Source: www.guardian.co.uk

Care home boss Rachel Baker cleared of murdering residents – The Independent

Posted April 8th, 2010 in care homes, drug abuse, drug offences, murder, news by sally

“Former care home manager Rachel Baker was today found not guilty of murdering two of her elderly residents. Baker, 44, was accused of murdering Frances Hay and Lucy Cox at Parkfields Residential Care Home in Butleigh, Somerset. She was cleared of the murder charges and an attempted murder charge involving Mrs Hay by a jury at Bristol Crown Court today.”

Full story

The Independent, 8th April 2010

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted April 8th, 2010 in legislation by sally

The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010

The Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010

The Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010

The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010

The Police Act 1997 (Criminal Records and Registration) (Jersey) Regulations 2010

The Transnational Information and Consultation of Employees (Amendment) Regulations 2010

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes E and F) Order 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) Regulations 2010

The Vehicles Regulations (Amendment) Order 2010

The Motor Cycles Etc. and Tractors Etc. (EC Type Approval) (Amendment) Regulations 2010

The Isles of Scilly (Children Act 1989) Order 2010

The Isles of Scilly (Functions) (Adoption and Children Act 2002) Order 2010

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2010

The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010

The Cosmetic Products (Safety) (Amendment) Regulations 2010

The Representation of the People (Timing of the Canvass) (Northern Ireland) Order 2010

The Education (Educational Provision for Improving Behaviour) Regulations 2010

The Environmental Civil Sanctions (England) Order 2010

The Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010

The Social Security (Loss of Benefit) Amendment Regulations 2010

The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2010

The Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010

The Value Added Tax (Small Non-Commercial Consignments) Relief (Amendment) Order 2010

The Financial Assistance Scheme (Tax) Regulations 2010

Source: www.opsi.gov.uk

Regina v T (N) – WLR Daily

Posted April 8th, 2010 in appeals, assault, jurisdiction, law reports by sally

Regina v T (N) [2010] EWCA Crim 711; [2010] WLR (D) 93

 “The prosecution were not entitled to apply for leave to appeal against a terminating ruling made by a judge in a Crown Court on a trial on indictment, unless it had complied with the mandatory requirements of s 58(4) and (8) of the Criminal Justice Act 2003, following the making of the ruling, of informing the court that it intended to appeal or requesting an adjournment to consider such an appeal and, before or at that time, informing the court that it agreed that the defendant should be acquitted if leave to appeal was not obtained or the appeal was abandoned before being determined.”

WLR Daily, 7th 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.

Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners – WLR Daily

Posted April 8th, 2010 in appeals, costs, HM Revenue & Customs, judicial review, law reports, taxation by sally

Regina (Valentines Homes & Construction Ltd) v Revenue and Customs Commissioners [2010] EWCA Civ 345; [2010] WLR (D) 92

“There was a public interest in issues such as the status, relevance and application of policy documents of general application emerging from the Revenue and Customs Commissioners, or any government department, being resolved in the Administrative Court, since it was the court with expertise in that area.”

WLR Daily, 7th 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.

Salford City Council v Mullen; Hounslow London Borough Council v Hall; Leeds City Council v Hall: Birmingham City Council v Frisby: Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted April 8th, 2010 in appeals, county courts, housing, law reports, local government, repossession by sally

Salford City Council v Mullen: Hounslow London Borough Council v Hall; Leeds City Council v Hall; Birmingham City Council v Frisby; Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 336; [2010] WLR (D) 91

 “Guidance for county courts hearing applications for possession orders by local authority landlords of non-secure tenancies where the occupier, being an introductory tenant or a homeless person housed by the local authority, sought to challenge the local authority’s decision to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable.”

WLR Daily, 7th 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.

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd – WLR Daily

Posted April 8th, 2010 in appeals, company law, landlord & tenant, law reports by sally

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90

“Where, before the coming into force of the Companies Act 2006, a corporate tenant served notice, pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, seeking to exercise a statutory right to acquire the applicable freehold, it was required, for the notice to be valid, to affix its corporate seal, or to supply the signature of two directors or a director and the company secretary.”

WLR Daily, 7th 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.

Herrick v Kidner – Times Law Reports

Posted April 8th, 2010 in law reports by sally

Herrick v Kidner

Queen’s Bench Division

“The psychological effect of such works as gate piers set across a public footpath, so as to denote private property, was relevant when deciding whether those works amounted to a significant obstruction of the highway so that an order might be required for their removal by the local highway authority.”

The Times, 8th April 2010

Source: www.timesonline.co.uk

Bilkus v Stockler Brunton (a Firm) – Times Law Reports

Posted April 8th, 2010 in law reports by sally

Bilkus v Stockler Brunton (a Firm)

Court of Appeal

“A solicitor rendering his fee note had to consider carefully, if charging uplift, whether the relevant work was contentious or non-contentious.”

The Times, 8th April 2010

Source: www.timesonline.co.uk

Tories kill off compulsory child sex education law – The Times

Posted April 8th, 2010 in news by sally

“Plans for compulsory sex education in schools have been dropped in the pre-election ‘wash up’ after being blocked by the Tories. The controversial measure would have ensured every 15-year-old had at least one year of sex education lessons. It was part of Ed Balls’ Children, Schools and Families Bill, but was shelved today in the last-minute rush to get legislation through before the election.”

Full story

The Times, 7th April 2010

Source: www.timesonline.co.uk

Award-winning businessman Paul Fleming killed love rival – The Times

Posted April 8th, 2010 in news by sally

“A former heroin addict who became an award-winning businessman has been jailed for life for murdering a love rival who began an affair with his wife at the Glastonbury Festival.”

Full story

The Times, 8th April 2010

Source: www.timesonline.co.uk

Criminal Procedure Rules 2010 in force – Ministry of Justice

Posted April 8th, 2010 in criminal procedure, Ministry of Justice, press releases by sally

“The first consolidating edition of the Criminal Procedure Rules came into force today (5 April 2010).”

Full press release

Ministry of Justice, 8th April 2010

Source: www.justice.gov.uk