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Current Awareness aims to provide up-to-date information regarding new case law, changes in legislation, and legal news of interest to lawyers in the United Kingdom.

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BAILII: Recent Decisions

Posted on October 09, 2008
Court of Appeal (Civil Division) St George v The Home Office [2008] EWCA Civ 1068 (08 October 2008) Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066 (08 October 2008) Behzadi v Behzadi [2008] EWCA Civ 1070 (08 October 2008) Orchard (Developments) Holdings Plc v Reuters Ltd [2008] EWCA Civ 1017 (02 September 2008) JN (Zimbabwe) v Secretary [...


Recent Statutory Instruments - OPSI

Posted on October 09, 2008
The Transfer of Rights and Liabilities to ING Order 2008 (PDF) The Landsbanki Freezing Order 2008 (PDF) The Genetically Modified Organisms (England) (Amendments) Regulations 2008 The Social Security (Contributions) (Amendment No. 5) Regulations 2008 The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2008 The Cosmetic Products (Safety) (Amendment No...


In re S (A Child) - WLR Daily

Posted on October 09, 2008
In re S (A Child); [2008] WLR (D) 308 “When considering whether to revoke a placement order placing a child for adoption with prospective adopters, it was wrong to focus on whether the carers were ‘potential’ adopters.” WLR, 8th October 2008 Source: www...


Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) - WLR Daily

Posted on October 09, 2008
Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) [2008] EWHC 2327 (Ch); [2008] WLR (D) 307 “The exercise of a statutory power of sale under s 101 of the Law of Property Act 1925 after a relevant default by the mortgagor was not a deprivation of possessions within the meaning [...


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In re M (A Child) (Family Proceedings: Immigration Issues); In re N (A Child) (Family Proceedings: Immigration Issues) - WLR Daily

Posted on October 09, 2008
In re M (A Child) (Family Proceedings: Immigration Issues); In re N (A Child) (Family Proceedings: Immigration Issues) [2008] EWHC 2281 (Fam); [2008] WLR (D) 306 “Where a parent in family proceedings was also involved in some other relevant matter such as an asylum or immigration dispute with the Home Office, criminal proceedings or a housing [...


Chilton-Merryweather v Hunt and Others - Times Law Reports

Posted on October 09, 2008
Chilton-Merryweather v Hunt and Others Court of Appeal “An increase in noise and pollution caused by growth in the volume of traffic on a motoway was not sufficient to justify a reduction in the council tax for neighbouring properties.” The Times, 9th October 2008 Source: www...


ETI Euro Telecom International NV v Republic of Bolivia and Another - Times Law Reports

Posted on October 09, 2008
ETI Euro Telecom International NV v Republic of Bolivia and Another Court of Appeal “International investment dispute arbitrations, not subject to any national law, were not legal proceedings that enabled an English court to grant injunctive relief to one party against the moneys of another in England pending the outcome of the arbitration...


Inquiry clears cabinet couple over cash for second home - The Guardian

Posted on October 09, 2008
“A clampdown on MPs’ expenses has been proposed in the wake of an investigation which cleared husband and wife Cabinet ministers Ed Balls and Yvette Cooper of breaking House of Commons rules.” Full story The Guardian, 9th October 2008 Source: www...


Lesbian couple left humiliated by sexist jokes, tribunal told - Daily Telegraph

Posted on October 09, 2008
“A lesbian couple were left ‘humiliated’ after colleagues joked about their sexuality, an employment tribunal heard.” Full story Daily Telegraph, 8th October 2008 Source: www.telegraph.co.uk       


Civil servant ?who left files on train? to appear in court - Daily Telegraph

Posted on October 09, 2008
“A senior civil servant who allegedly lost highly sensitive intelligence files relating to al-Qaeda and Iraq on a train has been summoned to appear in court.” Full story Daily Telegraph, 9th October 2008 Source: www.telegraph.co.uk       


Jail sentence for nuisance caller - BBC News

Posted on October 09, 2008
“A man who made more than a 100 abusive and threatening calls mainly to women has been jailed for four years.” Full story BBC News, 9th October 2008 Source: www.bbc.co.uk       


BAILII: Recent Decisions

Posted on October 09, 2008
High Court (Chancery Division) Les Laboratoires Servier & Anor v Apotex Inc & Ors [2008] EWHC 2347 (Ch) (9 October 2008) Courts Plc (In Liquidation) [2008] EWHC 2339 (Ch) (09 October 2008) High Court (Queen’s Bench Division) Williams v Jervis (Lex Komatsu) [2008] EWHC 2346 (QB) (08 October 2008) Source: www...


Judge attacks ?miserable? bin laws as serial fly-tipper escapes prison sentence - Daily Telegraph

Posted on October 09, 2008
“A judge has criticised sentencing guidelines which prevented him sending a serial fly-tipper to prison while ‘decent, law-abiding citizens’ fear punishment after falling foul of council bin rules.” Full story Daily Telegraph, 9th October 2008 Source: www...


Recent Statutory Instruments - OPSI

Posted on October 09, 2008
The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) Order 2008 The Life Assurance and Other Policies (Keeping of Information and Duties of Insurers) (Amendment) Regulations 2008 The Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2008 The Overseas Insurers (Tax Representatives) (Amendment) Regulations 2008 The Insurance Companies (Overseas Life Assurance Business) (Excluded [...


Widow faces battle to use dead husband?s sperm - Daily Telegraph

Posted on October 08, 2008
“A widow is facing a landmark legal battle to use her dead husband’s sperm after a court ruled it may have been unlawful to remove it from his body.” Full story Daily Telegraph, 8th October 2008 Source: www.telegraph.co.uk       


Class actions: will we adopt the American way? - The Times

Posted on October 08, 2008
“The UK’s approach to class actions is set to change ? but we are unlikely to see here the excesses of the US system.” Full story The Times, 8th October 2008 Source: www.timesonline.co.uk       


BAILII: Recent Decisions

Posted on October 08, 2008
High Court (Chancery Division) Beloit Walmsley Ltd, Re [2008] EWHC 1888 (Ch) (31 July 2008) High Court (Queen’s Bench Division) Cooper v HM Attorney General [2008] EWHC 2178 (QB) (30 September 2008) High Court (Patents Court) W L Gore & Associates GmbH v Geox SPA [2008] EWHC 2311 (Pat) (07 October 2008) Source: www...


Regina v K - Times Law Reports

Posted on October 08, 2008
Regina v K Court of Appeal “A barrister without chambers who was deemed to be practising but not subject to the disciplinary rules of the Bar?s Code of Conduct was not entitled to provide immigration advice or services contrary to sections 84 and 91 of the Immigration and Asylum Act 1999...


Regina v B and Others - Times Law Reports

Posted on October 08, 2008
Regina v B and Others Court of Appeal “Where one of several defendants in the same criminal proceedings became mentally unfit to stand trial before a jury had been empanelled, there was nothing in principle to prevent the jury subsequently hearing the trial of all the defendants, although in the case of the unfit defendant the jury [...


Businessman left in wheelchair by skiing accident sues tour operators - Daily Telegraph

Posted on October 08, 2008
“A British businessman left in a wheelchair after he collided with a tree during a skiing holiday is suing his tour operators for millions of pounds.” Full story Daily Telegraph, 7th October 2008 Source: www.telegraph.co.uk       


Woman who poisoned husband is spared jail - The Guardian

Posted on October 08, 2008
“A wife who poisoned her husband three times by slipping a tranquilliser into two Chinese takeaways and a curry was yesterday spared jail by a judge who described the crimes as ‘like something from a very bad detective novel’.” Full story The Guardian, 8th October 2008 Source: www...


Disabled woman takes fight to save post offices to high court - Daily Telegraph

Posted on October 08, 2008
“A severely disabled woman will take her battle to stop the government’s post office closure programme to the High Court.” Full story Daily Telegraph, 8th October 2008 Source: www.telegraph.co.uk       


Identity fraud booming during crisis, warn MPs - The Independent

Posted on October 08, 2008
“Bank account holders are more at risk of identity fraud because of the credit crunch, a report warns today.” Full story The Independent, 8th October 2008 Source: www.independent.co.uk       


MPs attempt to force smacking ban - BBC News

Posted on October 08, 2008
“A cross-party group of MPs is attempting to force through a ban on smacking children in England and Wales.” Full story BBC News, 7th October 2008 Source: www.bbc.co.uk       


101-year-old to appeal care home decision - Daily Telegraph

Posted on October 08, 2008
“A 101-year-old woman, the sole remaining resident in an old people’s home due for closure, will ask permission to appeal against a judge’s ruling that she had to move.” Full story Daily Telegraph, 7th October 2008 Source: www...


Terror code tells teachers to watch pupils - The Guardian

Posted on October 08, 2008
“Teachers will be asked to monitor pupils’ behaviour and inform the authorities - including police - if they suspect teenagers are being drawn into violent extremism, under government guidance published today.” Full story The Guardian, 8th October 2008 Source: www...


Woman, 101, loses care home fight - BBC News

Posted on October 08, 2008
“A 101-year-old woman has lost her fight to stay at a Teesside care home where she is the sole resident.” Full story BBC News, 8th October 2008 Source: www.bbc.co.uk       


Girl knife killer?s sentence cut - BBC News

Posted on October 08, 2008
“A teenager who stabbed a young mother to death after bingeing on drink and drugs has had her minimum sentence cut by three years at the Court of Appeal.” Full story BBC News, 8th October 2008 Source: www.bbc.co.uk       


Court ruling strengthens patent protection for UK software - The Times

Posted on October 08, 2008
“Technology companies will find it easier to safeguard their innovations in the UK after a court ruled that software should receive wider patent protection.” Full story The Times, 8th October 2008 Source: www.timesonline.co.uk       


Jean Charles de Menezes: Cressida Dick admits an innocent man could be killed again -

Posted on October 07, 2008
“The commander in charge of the operation that led to the death of Jean Charles de Menezes has admitted another innocent man could be killed by police because of the terrorist threat in Britain.” Full story Daily Telegraph, 7th October 2008 Source: www...


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