Lay and Others v Drexler and Others – Times Law Reports

Posted June 20th, 2007 in law reports by sally

Risk of costs when tenant changes mind over lease

Lay and Others v. Drexler and Others 

“A business tenant who told his landlord he wanted to renew his lease and subsequently told the court he had changed his mind could be liable for the landlord’s court costs.”

The Times, 20th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v. Mujuru and Another – Times Law Reports

Posted June 20th, 2007 in law reports by sally

Jury understands ‘significant’

Regina v. Mujuru and Another

When determining whether a person was guilty of causing or allowing the death of a child or vulnerable adult by the unlawful act of a person in the same household, when he was or ought to have been aware of a significant risk of serious physical harm, the term “significant” bore its ordinary, normal meaning.

The Times, 20th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only availabe free on Times Online for 21 days from the date of publication.

Bunney v. Burns Anderson plc and Another – Times Law Reports

Posted June 20th, 2007 in law reports by sally

Statutory cap cannot be exceeded

Bunney v. Burns Anderson plc and Another

“It was outwith the Financial Services Ombudsman’s powers to make a direction under section 229(2) of the Financial Services and Markets Act 2000 that, if implemented, would require a firm to pay a complainant an amount exceeding the statutory cap of £100,000.”

The Times, 20th June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Recent Statutory Instruments – OPSI

Posted June 19th, 2007 in legislation by sally

The Secure Training Centre (Amendment) Rules 2007

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007

The Housing Act 2004 (Commencement No. 8 ) (England and Wales) Order 2007

The Home Information Pack (No. 2) Regulations 2007

The Licensing Act 2003 (Persistent Selling of Alcohol to Children) (Prescribed Form of Closure Notice) Regulations 2007

The Education (Student Loans) (Amendment) (England and Wales) Regulations 2007

The Education (Mandatory Awards) (Amendment) Regulations 2007

The Police and Justice Act 2006 (Commencement No. 3) Order 2007

The Value Added Tax (Administration, Collection and Enforcement) Order 2007

The Value Added Tax (Payments on Account) (Amendment) Order 2007

The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Leicestershire) Order 2007

The Technology Strategy Board (Transfer of Property etc.) Order 2007

The Health and Safety (Fees) (Amendment) Regulations 2007

The Financial Assistance for Environmental Purposes Order 2007

The Civil Jurisdiction and Judgments Regulations 2007

The Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc) (Amendment) Regulations 2007

The Cosmetic Products (Safety) (Amendment) Regulations 2007

The Motor Fuel (Composition and Content) (Amendment) Regulations 2007

The Controls on Dangerous Substances and Preparations (Amendment) Regulations 2007

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 4) Order 2007

The Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Gateshead) Order 2007

The Highways (SSSI Diversion Orders) (England) Regulations 2007

Social Security (Students and Income-related Benefits) Amendment Regulations 2007

The Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007

The Family Proceedings Courts (Matrimonial Proceedings etc.) (Amendment) Rules 2007

The Register of Occupational and Personal Pension Schemes (Amendment) Regulations 2007

The Health Protection Agency (Amendment) Regulations 2007

The Family Proceedings (Amendment) Rules 2007

The Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007

The A404 Trunk Road (Handy Cross Junction Improvement) (Derestriction) Order 2007

The Pharmacists and Pharmacy Technicians Order 2007

The Representation of the People (Northern Ireland) (Amendment) Regulations 2007

The Social Security (Miscellaneous Amendments) (No.2) Regulations 2007

The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007

The Finance Act 1994, Section 220 (Amendment) Regulations 2007

The Spreadable Fats (Marketing Standards) (England) (Amendment) Regulations 2007

The Sex Discrimination Code of Practice (Public Authorities) (Duty to Promote Equality, Scotland) (Appointed Day) Order 2007

Source: www.opsi.gov.uk

New arrangements for Legal Reforms must be an improvement – Wired-GOV

Posted June 19th, 2007 in legal services, press releases by sally

“The Legal Services Ombudsman for England and Wales, Zahida Manzoor CBE, in her Annual Report, has said that the Government’s aims in the Legal Services Bill are laudable.”

Full story

Ministry of Justice press release, 19th June 2007

Source: www.wired-gov.net

Related link: Annual Report of the Legal Services Ombudsman

Stash and grab – The Lawyer

Posted June 19th, 2007 in confiscation, special report by sally

“The confiscation penalties under the Proceeds of Crime Act highlight the UK Government’s commitment to tackling organised crime. By Gareth Rees QC and Jason Mansell.”

Full story

The Lawyer, 18th June 2007

Source: www.thelawyer.com

UK firms beat US rivals for best workplaces – The Lawyer

Posted June 19th, 2007 in law firms, news by sally

“UK firms could be winning the battle for talent, as exclusive research by The Lawyer reveals that only 7 per cent of associates found US firms to be the most attractive employers.”

Full story

The Lawyer, 18th June 2007

Source: www.thelawyer.com

Mother loses child maintenance battle – The Times

Posted June 19th, 2007 in child support, news by sally

“A divorced mother failed today in her legal battle with the Child Support Agency (CSA) over maintenance payments for her three children.”

Full story

The Times, 19th June 2007

Source: www.timesonline.co.uk

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland – WLR Daily

Posted June 19th, 2007 in EC law, health & safety, law reports by sally

Commission of the European Communities v. United Kingdom of Great Britain and Northern Ireland (Case C-127/05) 

“Because, inter alia, the provision in art 5(1) of Directive 89/391 imposing a duty on employers to ensure the safety and health of workers did not require employers to be subject to no-fault liability, the Commission of the European Communities had not established that, by restricting the duty on employers to ensure the safety and health of workers in all aspects related to work to a duty to do that only ‘so far as is reasonably practicable’, the UK had failed to fulfil its obligations under art 5(1) and (4) of the Directive.”

WLR Daily, 14th June 2007

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.

Early jail release plan expected – BBC News

Posted June 19th, 2007 in news, prisons by sally

“Non-violent offenders could be let out of jail early in a bid to ease prison overcrowding in England and Wales.”

Full story

BBC News, 19th June 2007

Source: www.bbc.co.uk

Law on consent in rape cases is clear enough – Daily Telegraph

Posted June 19th, 2007 in news, rape by sally

“The Government has dropped plans to clarify the law on consent in rape cases, a senior source confirmed yesterday.”

Full story

Daily Telegraph, 19th June 2007

Source: www.telegraph.co.uk

Dando’s killer wins second appeal hearing – Daily Telegraph

Posted June 19th, 2007 in appeals, murder, news by sally

“Barry George, the disturbed loner who is serving life for the murder of the television presenter Jill Dando, has won the right to a new appeal, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 19th June 2007

Source: www.telegraph.co.uk

Lesbian partners ‘should be recognised as parents’ – The Times

Posted June 19th, 2007 in homosexuality, news, parental rights by sally

“Britain’s most senior woman judge has called for same-sex couples who have children by artificial insemination to be legally recognised as the parents.”

Full story

The Times, 19th June 2007

Source: www.timesonline.co.uk

Children’s jail staff given wider powers of restraint – The Guardian

Posted June 19th, 2007 in news, young offenders by sally

“The rules governing the use of restraint techniques based on inflicting pain in privately-run children’s jails are to be widened to allow staff to use them to enforce everyday discipline, the Ministry of Justice confirmed yesterday.”

Full story

The Guardian, 19th June 2007

Source: www.guardian.co.uk

OFT raises threshold for merger probes – The Times

Posted June 19th, 2007 in competition, news by sally

“Mergers and acquisitions in industries worth less than £10 million will escape competition investigations in most cases according to new proposals from the Office of Fair Trading (OFT).”

Full story

The Times, 18th June 2007

Source: www.timesonline.co.uk  

The deadly ending to a ‘melodrama’ – The Times

Posted June 19th, 2007 in domestic violence, Islam, news, women by sally

“The murder of Banaz Mahmod, a Kurdish Muslim woman, by her father and uncle, has brought the practice of honour killings to the attention of the public and has again emphasised the plight of Asian women caught between traditional religious customs and modern Western values. Moreover, the death of Miss Mahmod, 20, forces us to examine how such crimes are treated by the criminal courts and raises a question about the quality of policing in such cases.”

Full story

The Times, 19th June 2007

Source: www.timesonline.co.uk

Spotlight on jury room pressures – BBC News

Posted June 18th, 2007 in juries, special report by sally

“Two men – Patrick Smith and Joseph Merceica – have been cleared of luring a businesman into a trap and killing him, following the conclusion of their fourth trial.

The House of Lords had initially ordered the men’s retrial after a juror at their second trial complained of being ‘badgered and intimidated’ by other jurors into delivering a guilty verdict. So what are the rules of the jury room?”

Full story

BBC News, 18th June 2007

Source: www.bbc.co.uk

R (Pereira) v. HM Coroner for Inner South London and others – WLR Daily

Posted June 18th, 2007 in coroners, inquests, law reports by sally

R (Pereira) v. HM Coroner for Inner South London and others

“A coroner’s power to adjourn an inquest under s 16(1)(b) of the Coroner’s Act 1988 was discretionary. Where a reason not to adjourn had been established, a decision to do so made in the exercise of that discretion could not be impugned by way of judicial review provided that the decision had been made rationally, taking into account all relevant matters and in the light of the state’s duty to investigate a death under art 2 of the European Convention on Human Rights.”

WLR Daily, 14th June 2007

Source: www.lawreports.co.uk

Goldsmith to face MPs over BAE – The Guardian

Posted June 18th, 2007 in corruption, fraud, news, Saudi Arabia by sally

“The attorney general is to face a Commons select committee over his role in the BAE corruption controversy, the Guardian has learned. Lord Goldsmith will be questioned by the constitutional affairs committee over the decision to halt a Serious Fraud Office investigation into allegations the firm paid bribes to secure arms deals with Saudi Arabia.”

Full story

The Guardian, 18th June 2007

Source: www.guardian.co.uk

330,000 users to have access to database on England’s children – The Guardian

Posted June 18th, 2007 in children, data protection, news by sally

“A giant electronic database containing sensitive information on all 11 million children in England will be open to at least 330,000 users when it launches next year, according to government guidance.”

Full story

The Guardian, 18th June 2007

Source: www.guardian.co.uk