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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.

Post Frequency: 111.5/day

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

BAILII: Recent Decisions

Posted on July 29, 2009
Court of Appeal (Criminal Division) Bannister, R. v [2009] EWCA Crim 1571 (28 July 2009) CPS (Durham) v N [2009] EWCA Crim 1573 (28 July 2009) Charles, R v [2009] EWCA Crim 1570 (28 July 2009) K, R. v [2009] EWCA Crim 1640 (28 July 2009) Court of Appeal (Civil Division) Somerset County Council & Anor v Pike [...

Court of Appeal ruling highlights value of website disclaimers ? OUT-LAW.com

Posted on July 29, 2009
“Websites can owe a duty of care to people who visit them and rely on the information they provide, England’s Court of Appeal has said. But while misstatements may provoke lawsuits, website warnings will mitigate liability, according to the ruling...

Judges rule skill of police officers irrelevant to dangerous driving ? Daily Telegraph

Posted on July 29, 2009
“The ’special skill’ of a police driver is ‘an irrelevant circumstance’ when considering whether driving is dangerous, three judges have ruled.” Full story Daily Telegraph, 28th July 2009 Source: www.telegraph.co.uk

Law Society to students: legal career may be too risky ? The Lawyer

Posted on July 29, 2009
“The Law Society is set to launch a campaign warning students to think twice about embarking on a career in law.” Full story The Lawyer, 28th July 2009 Source: www.thelawyer.com

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Britain?s biggest DVD pirates jailed ? The Guardian

Posted on July 29, 2009
“A father and his two sons who kept dozens of Chinese workers in virtual slavery to run Britain’s biggest DVD piracy operation were jailed for a total of 16 years today.” Full story The Guardian, 28th July 2009 Source: www.guardian.co...

Mental health killings increase ? BBC News

Posted on July 29, 2009
“The number of people killed by those with a mental illness increased between 1997 and 2005, official figures show.” Full story BBC News, 28th July 2009 Source: www.bbc.co.uk

Immigration rules are a drain on the country, says Judge Ian Trigger ? Daily Telegraph

Posted on July 29, 2009
“Judge Ian Trigger has described Britain?s immigration system as ‘completely lax’ and claimed it partly contributed to rising national debt.” Full story Daily Telegraph, 29th July 2009 Source: www.telegraph.co.uk

File loss blunder in rape case ? BBC News

Posted on July 29, 2009
“A man suspected of raping a woman 12 years ago cannot face prosecution, as the police have lost the case file.” Full story BBC News, 28th July 2009 Source: www.bbc.co.uk

Diego Garcia rendition victim challenges UK in court ? The Guardian

Posted on July 29, 2009
“The government is refusing to provide details of the torture and wrongful detention of a man rendered through British territory, it was claimed today, depriving him of a remedy for ’serious civil and criminal wrongdoing’.” Full story The Guardian, 28th July 2009 Source: www...

Cyclist?s family awarded �580,000 ? BBC News

Posted on July 29, 2009
“The family of a teacher killed while cycling home from his school in Greater Manchester has been awarded compensation of �580,000.” Full story BBC News, 28th July 2009 Source: www.bbc.co.uk

Northern Rock investors lose compensation appeal ? The Guardian

Posted on July 29, 2009
“Former shareholders in Northern Rock, the state-owned bank, today (28 July) lost their second legal challenge over the Government?s compensation scheme.” Full story The Guardian, 28th July 2009 Source: www.guardian.co.uk

MoD challenges payments for injured soldiers ? The Guardian

Posted on July 29, 2009
“The Ministry of Defence today brushed aside criticism of its attempt to cut compensation for wounded soldiers, telling the court of appeal that payments should be limited to the soldier’s initial injury and not include subsequent disabilities...

Lawcast 152: Lord Falconer on assisted dying and the new Supreme Court of the United Kingdom ? Charon QC

Posted on July 28, 2009
“Today I am talking to Lord Falconer, a former Lord Chancellor, about two important and interesting themes ? assisted dying and his amendment to the Suicide Act defeated in the Lords recently and secondly his thoughts on the reasoning behind establishing a new Supreme Court and the direct it may, in time, take...

Revenue and Customs Commissioners v Holland and Another ? Times Law Reports

Posted on July 28, 2009
Revenue and Customs Commissioners v Holland and Another Court of Appeal “A human director of a company which in turn was a corporate director of a second company, could, in certain circumstances, be regarded as a de facto director of that second company but he would not be regarded as such automatically...

Recent Statutory Instruments ? OPSI

Posted on July 28, 2009
The Legislative Reform (Limited Partnerships) Order 2009 The Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009 The Community Interest Company (Amendment) Regulations 2009 The Public Service Vehicles (Enforcement Powers) Regulations 2009 The Goods Vehicles (Enforcement Powers) (Amendment) Regulations 2009 The Scottish Parliament (Elections etc...

Serial bigamist with five ?husbands? spared jail ? The Guardian

Posted on July 28, 2009
“A serial bigamist was spared jail today after a judge said she was a manipulative woman who had undermined the institution of marriage. Emily Horne, 30, who had married on five occasions but crucially never divorced, admitted it was time she got a divorce...

Junior doctors training: Campaigners win right to Judicial Review ? Daily Telegraph

Posted on July 28, 2009
“Junior doctors have won the right to a Judicial Review of the General Medical Council’s refusal to discipline senior colleagues they hold responsible for the training places debacle.” Full story Daily Telegraph, 27th July 2009 Source: www...

Legistors want bribery law toughened ? Reuters

Posted on July 28, 2009
“Lawmakers called on Tuesday for a proposed new law against bribery to be toughened by making it easier to prosecute a company for failing to prevent a bribe being paid.” Full story Reuters, 28th July 2009 Source: www.reuters.com

Swine flu pandemic could fuel rise in workplace litigation ? The Guardian

Posted on July 28, 2009
“Businesses could face a spate of legal claims from employees hit by swine flu, experts warn, as concerns mount that firms are not prepared to deal with legal issues arising from affected staff.” Full story The Guardian, 27th July 2009 Source: www...

British judges ?softer? on extradition than US judges ? Daily Telegraph

Posted on July 28, 2009
“British judges are significantly more likely to agree to extradite suspects to the US than American judges are to allow their citizens to be brought here for trial, research suggests.” Full story Daily Telegraph, 27th July 2009 Source: www...

Judge defends US-style initiative as integral part of the community ? The Times

Posted on July 28, 2009
“The man who is the public face of the North Liverpool Community Justice Centre insists that the ‘bald’ reconviction figures do not tell the full story of the pioneering work of his court.” Full story The Times, 28th July 2009 Source: www...

US-style community justice courts fail to reduce reoffending rates ? The Times

Posted on July 28, 2009
“A radical US-style court initiative in which judges monitor each criminal?s progress after sentencing has failed to cut reoffending rates. The results are a blow to supporters of specialist community justice courts who had hoped for better results in preventing criminals returning to a life of crime...

BAILII: Recent Decisions

Posted on July 27, 2009
Court of Appeal (Civil Division) N, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 795 (24 July 2009) High Court (Chancery Division) Heath v Kelly & Anor [2009] EWHC 1908 (Ch) (24 July 2009) High Court (Family Division) N (A Child), Re [2009] EWHC 1807 (Fam) (17 July 2009) Y v I [2009] [...

Dinghy sailors and canoeists to be subject to shipping laws ? The Times

Posted on July 27, 2009
“Canoes, surfboards and dinghies are to be given the same legal status as cruise liners and oil tankers in a clampdown on reckless behaviour at sea.” Full story The Times, 27th July 2009 Source: www.timesonline.co.uk

Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another ? WLR Daily

Posted on July 27, 2009
Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another [2009] EWCA Civ 789; [2009] WLR (D) 257 “A medical practitioner, pursuant to his contract of employment, was entitled to be represented by a lawyer instructed or employed by the Medical Protection Society, or other defence organisation, in disciplinary proceedings brought by his employer...

Azaz v Denton ? WLR Daily

Posted on July 27, 2009
Azaz v Denton [2009] EWHC 1759 (QB); [2009] WLR (D) 256 WLR Daily, 24th July 2009 “The three-year limitation period under s 11 of the Limitation Act 1980 applied to the whole action where a claim for damages for personal injuries was one of a number of claims...

Easterly Ltd v Headway plc ? WLR Daily

Posted on July 27, 2009
Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255 “A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.” WLR Daily, 24th July 2009 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...

Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others ? WLR Daily

Posted on July 27, 2009
Deutsche Bank AG and another v Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254 “There was no presumption that the prosecution of foreign litigation in parallel with litigation in England pursuant to a non-exclusive jurisdiction clause was of itself vexatious and oppressive unless exceptional circumstances could be shown to [...

R (F and another) v Secretary of State for Justice ? WLR Daily

Posted on July 27, 2009
R (F and another) v Secretary of State for Justice [2009] EWCA Civ 792; [2009] WLR (D) 25 “The absence of a right of review at any time of notification requirements imposed under s 82(1) and Sch 3 of the Sexual Offences Act 2003 was a disproportionate interference with an offender?s rights under art 8 of [...

O?Donnell v Shanahan and another ? WLR Daily

Posted on July 27, 2009
O?Donnell v Shanahan and another [2009] EWCA Civ 751; [2009] WLR (D) 252 “A company director had a duty to inform the company of a relevant business opportunity and could not make his own decision that the company would not be interested, and without more, appropriate the opportunity to himself...

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