Legal News

Recent Statutory Instruments ? OPSI

Posted on July 17, 2009
The Council Tax Limitation (Maximum Amounts) (England) Order 2009 The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2009 The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2009 The Companies Act 2006 (Consequential Amendments) (Uncertificated Securities) Order 2009 The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2009 The [...

R v Stewart ? WLR Daily

Posted on July 17, 2009
R v Stewart [2009] EWCA Crim 593; [ 2009] WLR (D) 244 “A jury in a murder trial considering the defence of diminished responsibility by a defendant suffering from alcohol dependency syndrome should not be directed to look at each drink consumed prior to the killing and decide whether it was taken voluntarily or involuntarily since, [...

AP v Secretary of State for the Home Department ? WLR Daily

Posted on July 17, 2009
AP v Secretary of State for the Home Department [2009] EWCA Civ 731; [2009] WLR (D) 243 “The cumulative impact of other obligations imposed under a control order the core element of which was a 16-hour daily curfew could not provide a tipping point where, taking account of the conditions and circumstances, a curfew of 16 [...

Hudson v Leigh ? Times Law Reports

Posted on July 17, 2009
Hudson v Leigh Family Divison “Where none of the three main participants, and, critically, the celebrating official, intended a ceremony to give rise to a lawful marriage, there was no marital status to be dealt with by a divorce decree of any kind...

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Regina v Gore; Regina v Maher ? Times Law Reports

Posted on July 17, 2009
Regina v Gore; Regina v Maher Court of Appeal “The issue of a fixed penalty notice asserting one offence did not protect the recipient from further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident...

Government to ensure information preserved for future ? Ministry of Justice

Posted on July 17, 2009
“The government has today set out plans to make sure that more public information is made available and is preserved for future generations.” Full press release Ministry of Justice, 16th July 2009 Source: www.justice.gov.uk

Jack Straw cracks down on trivial prisoner legal claims ? Ministry of Justice

Posted on July 17, 2009
“Jack Straw has announced proposals to crack down on nuisance legal claims and new powers to seize money from prisoners.” Full press release Ministry of Justice, 16th July 2009 Source: www.justice.gov.uk

Government Response to Law Commission?s Report on Housing ? Ministry of Justice

Posted on July 17, 2009
“Justice Minister Bridget Prentice has made a statement about the government response to the Law Commission’s Report on Housing: Proportionate Dispute Resolution.” Full press release Ministry of Justice, 16th July 2009 Source: www.justice...

The Law Commission welcomes the Government?s response to its report on housing disputes ? Law Commission

Posted on July 17, 2009
“The Law Commission welcomes the Government’s response to its report on housing disputes.” Full press release Law Commission, 16th July 2009 Source: www.lawcom.gov.uk

Restaurant must pay Dorset?s largest-ever fine for employing illegal workers ? UK Border Agency

Posted on July 17, 2009
“Two Bournemouth businesses have been fined a total of more than £40,000 for employing illegal workers.” Full press release UK Border Agency, 16th July 2009 Source: www.ukba.homeoffice.gov.uk

Government?s Impact Assessment on Family Legal Aid Contains ?Surprising and Fundamental? Errors ? The Bar Council

Posted on July 17, 2009
“The Bar Council and the Family Law Bar Association have today published a review of the Impact Assessment carried out by Ernst & Young on the impact of the Legal Service Commission?s proposed cuts to the family legal aid budget.  The review, which was conducted by the independent economic consultancy Oxera, analyses the Ernst & [...

Bar Council Welcomes Centre for Social Justice Report on Family Law Reform ? The Bar Council

Posted on July 17, 2009
“The Bar Council has today welcomed the report on family law reform, Every Family Matters, from the Centre for Social Justice, a leading think tank which is chaired by the Rt Hon Iain Duncan Smith MP, the former Leader of the Conservative Party...

Press Release: Attorney General welcomes analysis of CPS advocacy ? Attorney General?s Office

Posted on July 17, 2009
“Press Release: Attorney General welcomes analysis of CPS advocacy.” Full press release Attorney General’s Office, 16th July 2009 Source: www.attorneygeneral.gov.uk

Press Release: O?Connor and Rooney ? serial burglars? sentences doubled ? Attorney General?s Office

Posted on July 17, 2009
“Press Release: O’Connor and Rooney – serial burglars’ sentences doubled.” Full press release Attorney General’s Office, 16th July 2009 Source: www.attorneygeneral.gov.uk

Straw tightens shoplifting fines ? BBC news

Posted on July 17, 2009
“On-the-spot fines for shoplifting will now be limited to first-time offenders who are not drug users, Justice Secretary Jack Straw has said.” Full story BBC News, 16th July 2009 Source: www.bbc.co.uk

Men jailed for heroin conspiracy ? BBC News

Posted on July 17, 2009
“Eight men have been sentenced for a drugs conspiracy that saw millions of pounds of heroin imported into the UK.” Full story BBC News, 16th July 2009 Source: www.bbc.co.uk

Government response to damages consultation dubbed ?anti-climax? by lawyers ? Law Society?s Gazette

Posted on July 17, 2009
“Solicitors dubbed the government?s response to the Law on Damages consultation an anti-climax this week, two years after its original deadline.” Full story Law Society’s Gazette, 16th July 2009 Source: www.lawgazette.co.uk

The instruction of prosecution advocates in the Crown Court and payment of counsel by the CPS ? HM Crown Prosecution Service Inspectorate

Posted on July 17, 2009
“Inspectors assessed internal and external prosecuting advocates in the Crown Court. Two-thirds were fully competent, including some very good. A quarter of advocates were lacklustre. Only 7.9% were less than competent, including some very poor...

A third of all prosecution advocates ?lacklustre? or poor, inspection says ? Law Society?s Gazette

Posted on July 17, 2009
“A third of all prosecution advocates are ?lacklustre? or ?less than competent? according to a review carried out by the Crown Prosecution Service Inspectorate published today.” Full story Law Society’s Gazette, 16th July 2009 Source: www...

Justice Committee criticises plans for £12m cuts in family legal aid ? The Times

Posted on July 17, 2009
“Proposals to cut £12 million in legal aid spent on families and children have been castigated by MPs, days after a senior family judge warned of their ‘chilling effect’.” Full story the Times, 17th July 2009 Source: www.timesonline...

Watchdog defends plan to combat ?Tesco towns? ? The Guardian

Posted on July 17, 2009
“The competition watchdog is standing firm on its plans to introduce a new test into the planning system in a bid to combat the dominance of big supermarket chains.” Full story The Guardian, 16th July 2009 Source: www.guardian.co.uk

Burglar cleared of woman?s murder ? BBC News

Posted on July 17, 2009
“A burglar who attacked a 94-year-old woman has been cleared of her murder.” Full story BBC News, 16th July 2009 Source: www.bbc.co.uk

Woman wins care negligence case ? BBC News

Posted on July 17, 2009
“A woman has been awarded £60,000 in damages for the abuse she suffered at the hands of her mother after a London council failed to take her into care.” Full story BBC News, 16th July 2009 Source: www.bbc.co.uk

Man jailed for killing friend in get-away ? The Independent

Posted on July 17, 2009
“A man who ran over his own friend and left him dying in the road was jailed for more than five years today.” Full story The Independent, 16th July 2009 Source: www.independent.co.uk

Victim of gazumping given suspended jail sentence ? The Guardian

Posted on July 17, 2009
“If revenge is a dish best served cold, the portion served up by Martin Frostick was positively icy. Eleven years after he was gazumped on a house purchase, he launched a smear campaign to ruin the estate agents he blamed for the collapse of the deal...

Don?t deny justice to prisoners ? The Guardian

Posted on July 17, 2009
“Jack Straw plans to cut ‘nuisance’ legal claims by prisoners. But doing so risks a return to the bad old days of rooftop protest.” Full story The Guardian, 17th July 2009 Source: www.guardian.co.uk

Warning for firms that set up trade union blacklist ? The Guardian

Posted on July 17, 2009
“Major companies which set up and funded a secret blacklist to deny work to thousands of trade unionists will escape prosecution, it emerged today. A judge fined a private investigator who operated the covert blacklist but said he was not the only person responsible but was financed by big ‘high street’ companies...

Man sues NHS after having terminal cancer wrongly diagnosed ? The Times

Posted on July 17, 2009
“When Philip Collins was told that he had cancer and had just six months to live, he quit his job, cashed in his pension and bought himself a powerful motorcycle. He was determined to enjoy the time left to him. When he was still alive a year later his doctors conducted a re-examination and admitted that [...

Legal aid cuts: How you could be acquitted and still face huge bill for costs ? The Times

Posted on July 17, 2009
“Plans to reform the legal aid system and cut almost £200 million from its budget have brought warnings of a two-tier justice system: one for the rich and another for the poor.” Full story The Times, 17th July 2009 Source: www.timesonline...

BAILII: Recent Decisions

Posted on July 16, 2009
Court of Appeal (Civil Division) AP v Secretary of State for the Home Department [2009] EWCA Civ 731 (15 July 2009) Patchett & Amor v Swimming Pool & Allied Trades Association Ltd [2009] EWCA Civ 717 (15 July 2009) Coke-Wallis v Institute of Chartered Accountants In England and Wales [2009] EWCA Civ 730 (15 July 2009) High Court (Administrative [...

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