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Legal News

Current Awareness

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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Last Entry: May 06, 2011 at 10:09:24

Daily Cause List, 5th August 2008

Posted on August 05, 2008
Tuesday 5th August 2008 Source: www.hmcourts-service.gov.uk Please note only the current day?s cause list will be accessible

BAILII: Recent Decisions

Posted on August 05, 2008
High Court (Queen’s Bench Division) Kirk v Walton [2008] EWHC 1780 (QB) (24 July 2008) Peart Stevenson Associates Ltd v Holland [2008] EWHC 1868 (QB) (30 July 2008) Tullett Prebon Group Ltd v El-Hajjali [2008] EWHC 1924 (QB) (31 July 2008) High Court (Chancery Division) Gold Fields Mining LLC v Tucker & Anor [2008] EWHC 1696 (Ch) (10 July 2008) Sharab [...

Radical Islamic cleric Abu Hamza has extradition to US postponed - Daily Telegraph

Posted on August 05, 2008
“The British Government has been told to postpone extradition of Abu Hamza until a ruling on whether sending him to a maximum security US jail would breach his human rights.” Full story Daily Telegraph, 5th August 2008 Source: www.telegraph...

Practice Direction (Court Dress) (No 5) - WLR Daily

Posted on August 05, 2008
Practice Direction (Court Dress) (No 5); [2008] WLR (D) 285 “A new civil robe, to be worn without a wig, would be introduced for judges in civil cases from 1 October 2008.” WLR Daily, 4th August 2008 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 [...

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Regina (A) v Director of Establishments of the Security Service - Times Law Reports

Posted on August 05, 2008
Regina (A) v Director of Establishments of the Security Service Queen’s Bench Division “The Investigatory Powers Tribunal did not have exclusive jurisdiction where a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights brought up matters within its purview...

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another - Times Law Reports

Posted on August 05, 2008
Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another Court of Appeal “Information supplied by applicants for animal experiment licences was exempt from disclosure under freedom of information provisions if the official in possession of the information knew or had reasonable grounds for believing that it was given [...

City lawyer fired over strip club ?harassment? - Daily Telegraph

Posted on August 05, 2008
“A lawyer at a leading City law firm has been fired after an intern lodged a complaint that he sexually harassed her at a West End strip club.” Full story Daily Telegraph, 5th August 2008 Source: www.telegraph.co.uk

Terrorism: Lords say 42-day law will put fair trials at risk - The Guardian

Posted on August 05, 2008
“The government’s ‘42 days’ counter-terror legislation faces fresh criticism today, with peers warning that a ‘quasi-judicial’ role for parliament to debate each use of the new detention powers risks undermining the independence of judges and the chances of a fair trial for suspects...

Web firms should screen content, says Parliamentary committee - OUT-Law.com

Posted on August 05, 2008
“Websites which accept user-generated content should do more to screen out content that might be harmful to the public, a Parliamentary committee has warned. Sites should also publish prominent terms and conditions banning harmful content, it said...

Tasers being used more often by police, figures show - The Guardian

Posted on August 05, 2008
“The use of taser stun guns by police is increasing, new Home Office figures published today reveal.” Full story The Guardian, 5th August 2008 Source: www.guardian.co.uk

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners - WLR Daily

Posted on August 04, 2008
Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners [2008] UKHL 54; [2008] WLR (D) 281 “The expenditure on a warehouse building which was used for storage of goods which the taxpayer was in the business of importing and selling was not expenditure on an industrial building and therefore did not qualify as [...

Lifely v Lifely - WLR Daily

Posted on August 04, 2008
Lifely v Lifely [2008] EWCA Civ 904; [2008] WLR (D) 280 “Where fresh evidence had arguably been wrongfully obtained considerations beyond the classical requirements under the Ladd v Marshall test might be appropriate when the court was considering whether such evidence should be admitted...

R (Heffernan) v Rent Service; [2008] WLR (D) 279

Posted on August 04, 2008
R (Heffernan) v Rent Service; [2008] WLR (D) 279 “Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ?neighbourhoods? to satisfy the requirements of para 4(6)(c)...

Harris v Perry and another - WLR Daily

Posted on August 04, 2008
Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278 “It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children?s party did not have a duty of care to keep the children [...

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) - WLR Daily

Posted on August 04, 2008
Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) [2008] EWHC 1897 (Ch); [2008] WLR (D) 277 “The Financial Services Authority had power under the Financial Services and Markets Act 2000 to include rules in the financial services compensation scheme which provided for the assignment of third party claims...

Ewing v Director of Public Prosecutions - WLR Daily

Posted on August 04, 2008
Ewing v Director of Public Prosecutions; [2008] WLR (D) 276; [2008] WLR (D) 276 “It was necessary for a person who was the subject of a civil proceedings order to seek leave, under s 42(3) of the Supreme Court Act 1981, to make an application for permission to proceed with a claim for judicial review notwithstanding [...

Donaldson v O?Sullivan (Official Receiver intervening) - WLR Daily

Posted on August 04, 2008
Donaldson v O?Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275 “The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors? meeting [...

Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy - WLR Daily

Posted on August 04, 2008
Caldarelli v Judge for Preliminary Investigations of the Court of Naples, Italy [2008] UKHL 51; [2008] WLR (D) 274 “Extradition of an Italian fugitive had been properly sought as an accused rather than a convicted person where he had been found guilty of an offence in his absence and sentenced to imprisonment but his trial was [...

Smith v Chief Constable of Sussex Police - Times Law Reports

Posted on August 04, 2008
Smith v Chief Constable of Sussex Police House of Lords “Considerations of public policy precluded the imposition of a common law duty of care on police who, in discharging their public duty of combating and investigating crime, had not protected a member of the public from a violent attack, the risk of which and the identity and [...

Peers strike new blow against 42-day law - The Independent

Posted on August 04, 2008
“Proposed anti-terrorism laws to detain suspects for up to 42 days will be seriously undermined this week when senior peers condemn them as politicised and unconstitutional.” Full story The Independent, 3rd August 2008 Source: www.independent...

Is the law bleeding the NHS to death? - The Times

Posted on August 04, 2008
“Coming out of hospital with an injured finger could earn you �75,000. The NHS may have to cough up �9 billion in lawsuits. Is compensation culture killing our health service?” Full story The Times, 3rd August 2008 Source: www.timesonline...

Antigua murder: British government faces row over death penalty for shooting - Daily Telegraph

Posted on August 04, 2008
“The British government faces a potential diplomatic row with Antigua over the shooting of the honeymoon couple Catherine and Benjamin Mullany after demanding that anyone convicted of the crime will not face the death penalty.” Full story Daily Telegraph, 3rd August 2008 Source: www...

Swan death case dropped - BBC News

Posted on August 04, 2008
“A case against three men accused of killing 29 swans has been dropped after evidence was lost at a police station.” Full story BBC News, 1st August 2008 Source: www.bbc.co.uk

Estate agent kills himself after sex harassment case - Daily Telegraph

Posted on August 04, 2008
“An estate agent has killed himself two weeks after being ordered to pay a former employee tens of thousands of pounds for sexual harassment.” Full story Daily Telegraph, 2nd August 2008 Source: www.telegraph.co.uk

Eddie Gilfoyle: judges? error over suicide note gives husband hope of appeal - The Times

Posted on August 04, 2008
“A glaring error by judges in the case of a man accused of killing his wife by faking her suicide is to be used in a fresh attempt to clear his name.” Full story The Times, 4th August 2008 Source: www.timesonline.co.uk

Call for law on life support to meet wishes of organ donors - The Times

Posted on August 04, 2008
“The law should be clarified to make clear that removing organs for transplant may be in a donor?s ‘best interests’, the new National Clinical Director for Transplantation says.” Full story The Times, 4th August 2008 Source: www...

Fingers pulled from bag in court - BBC News

Posted on August 04, 2008
“A woman caused uproar in court when she pulled two fingers from her handbag claiming they had belonged to one of her six children.” Full story BBC News, 1st August 2008 Source: www.bbc.co.uk

Jack Straw failed to intervene on ?soft? knife sentences - Daily Telegraph

Posted on August 04, 2008
“The Sentencing Guildelines Council, headed by senior judges, was forced to introduce tougher sentences in response to the public outcry over the recent spate of fatal stabbings.” Full story Daily Telegraph, 3rd August 2008 Source: www.telegraph...

Vulnerable children failed by notification scheme and ?private fostering? - The Times

Posted on August 04, 2008
“Thousands of young children are at risk of neglect or abuse because the system set up to protect them in the wake of the death of Victoria Climbi� is failing.” Full story The Times, 4th August 2008 Source: www.timesonline.co.uk

MI5 misled MPs over Briton?s secret rendition, court told - The Guardian

Posted on August 04, 2008
“MI5 misled MPs about what it knew of the whereabouts of Binyam Mohamed, a British resident who says he was tortured before being secretly rendered to Guant�namo Bay, the high court was told yesterday.” Full story The Guardian, 2nd August 2008 Source: www...

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