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Current Awareness 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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Recent Statutory Instruments

Posted on July 16, 2009
The Air Navigation (Single European Sky) (Penalties) Order 2009 The Falkland Islands Courts (Overseas Jurisdiction) (Amendment) Order 2009 The International Criminal Court Act (Overseas Territories) Order 2009 The Criminal Jurisdiction (Application to Offshore Renewable Energy Installations etc...


Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others ? WLR Daily

Posted on July 16, 2009
Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others [2009] EWHC 1696 (Ch); [2009] WLR (D) 242 “There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44...


R v Erskine; R v Williams ? WLR Daily

Posted on July 16, 2009
R v Erskine; R v Williams [2009] EWCA Crim 1425; [2009] WLR (D) 241 “Where an appeal against a conviction for murder raised the issue of diminished responsibility for the first time, the parties should provide the court with a detailed analysis of the relevant facts in order to assist the court in deciding whether evidence not [...


R v Gore; R v Maher ? WLR daily

Posted on July 16, 2009
R v Gore; R v Maher [2009] EWCA Crim 1424; [2009] WLR (D) 240 “The issue of a fixed penalty notice asserting one offence did not relieve the recipient of any possible further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same [...


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Regina v T (Absent witness: Evidence) ? Times Law Reports

Posted on July 16, 2009
Regina v T (Absent witness: Evidence) Court of Appeal “On an application for the admission of the statement of an absent witness, meeting the condition in section 116(2)(d) Criminal Justice Act 2003 that the relevant person could not be found although such steps as it was reasonably practicable to take to find him had been taken, required [...


Regina v Seager; Regina v Blatch ? Times Law Reports

Posted on July 16, 2009
Regina v Seager; Regina v Blatch Court of Appeal “Where a confiscation order was made against a defendant in respect of his benefit from an offence of acting in contravention of an order or undertaking disqualifying him from acting as a company director, that benefit was not to be assessed as the turnover of the company, but [...


Food warning follows prosecution ? BBC News

Posted on July 16, 2009
“Trading standards officers are warning of the effects of out-of-date food on vulnerable people. Torfaen council’s comments follow its prosecution of the owners of the Regency House private nursing home at Parkes Lane, Pontypool.” Full story BBC News, 15th July 2009 Source: www...


Loan shark convicted of blackmail ? BBC News

Posted on July 16, 2009
“A loan shark who left customers fearing for their lives has been found guilty of blackmail.” Full story BBC News, 15th July 2009 Source: www.bbc.co.uk


Action to prevent further deaths: details of Coroners? reports and responses published for the first time ? Ministry of Justice

Posted on July 16, 2009
“Details of coroners? reports asking for organisations involved in deaths to take action to prevent further deaths are published by the Ministry of Justice today for the first time.” Full press release Ministry of Justice, 15th July 2009 Source: www...


A simpler way to protect your future: redesigned ?Lasting Power of Attorney? forms ? Ministry of Justice

Posted on July 16, 2009
“Simpler forms allowing you to choose someone now that you trust to make decisions on your behalf in the future if you lose your mental capacity have been presented to Parliament.” Full press release Ministry of Justice, 15th July 2009 Source: www...


Family Legal Aid Plans Torn Apart in Damning Justice Select Committee Report ? The Bar Council

Posted on July 16, 2009
“Legal Services Commission proposals to cut legal support for vulnerable children and families have been savaged in a damning report from the all-party Justice Select Committee.” Full press release The Bar Council, 15th July 2009 source: www...


Statement: Kinsella killers? sentences not to be referred as unduly lenient ? Attorney General?s Office

Posted on July 16, 2009
 Statement: Kinsella killers’ sentences not to be referred as unduly lenient.” Full press release Attorney General’s Office, 15th July 2009 Source: www.attorneygeneral.gov.uk


Hospitals criticised over losses of sensitive patient information ? OUT-LAW.com

Posted on July 16, 2009
“The Information Commissioner’s Office (ICO) has reprimanded five English NHS trusts over lax data protection regimes that resulted in the loss of 20,000 people’s personal data and the leaving of patients’ notes on a bus.” Full story OUT-LAW...


Woman jailed for Muslim blackmail ? BBC News

Posted on July 16, 2009
“A blackmailer who threatened to expose her Muslim friend as a terrorist sympathiser has been jailed.” Full story BBC News, 15th July 2009 Source: www.bbc.co.uk


Ex-Met boss cleared over conduct ? BBC News

Posted on July 16, 2009
“Former Commissioner of the Metropolitan Police Sir Ian Blair has been cleared of misconduct over the award of police contracts valued at £3m to a friend.” Full story BBC News, 15th July 2009 Source: www.bbc.co.uk


Family of disabled sue NHS for ?wrongful birth? ? Daily Telegraph

Posted on July 16, 2009
“Rupert Parsons’ mother is claiming £1.5 million in interim compensation for ‘wrongful birth’ on the grounds that the hospital should have picked up on his ’severe, profound and multiple disabilities’ before the 20th week of her pregnancy...


Police watchdog to investigate organised crime agency ? The Guardian

Posted on July 16, 2009
“Britain’s organised crime agency is being investigated by the police watchdog over concerns that it could have done more to prevent the gangland killing of a shopkeeper in an organised crime hotspot.” Full story The Guardian, 16th July 2009 Source: www...


Modernity v Prudence, 2009: Jury?s out on UK?s £56m supreme court ? The Guardian

Posted on July 16, 2009
“Thanks to a £56m renovation of Middlesex Guildhall, a dilapidated crown court in Parliament Square, the longstanding and peculiarly British tradition that has seen the country’s most senior court sitting in the same building as the legislature will come to an end...


Sir Mark Potter rules on media and celebrity cases in family courts ? The Times

Posted on July 16, 2009
“Cases in the family courts involving celebrities? children should be treated in the same way as those involving anyone else?s children, the senior family courts judge said yesterday.” Full  story The Times, 16th July 2009 Source: www.timesonline...


Legal aid for prisoners to be capped as Jack Straw criticises lawyers ? The Times

Posted on July 16, 2009
“Prisoners are to be blocked from seeking legal aid to bring ‘trivial’ cases against the Prison Service under plans to be announced by the Government today.” Full story The Times, 16th July 2o09 Source; www.timesonline.co.uk


Network Rail fined for derailment ? BBC News

Posted on July 16, 2009
“Network Rail has been fined £70,000 after a train travelling at 90mph derailed in Norfolk because of a poorly maintained level crossing.” Full story BBC News, 16th July 2009 Source: www.bbc.co.uk


Met ?missed opportunities? over Baby P ? BBC News

Posted on July 16, 2009
“Police missed opportunities to gather evidence about the ill-treatment of Baby Peter in the months before his death, according to an unpublished report.” Full story BBC News, 16th July 2009 Source: www.bbc.co.uk


BBC pays damages to Muslim leader ? BBC News

Posted on July 16, 2009
“The BBC has agreed to pay £45,000 in damages to the head of the Muslim Council of Britain over a libellous claim in the Question Time programme.” Full story BBC News, 16th July 2009 Source: www.bbc.co.uk


Extradition without justice ? The Guardian

Posted on July 16, 2009
Gary McKinnon’s fight to be prosecuted in the UK casts a stark light on our extradition arrangements with America. US prosecutors are threatening him with up to 70 years in a ’supermax’ prison ? and this a man with Asperger’s syndrome who could hardly be less suited to such punishment...


BAILII: Recent Decisions

Posted on July 15, 2009
Court of Appeal (Civil Division) EA Gutridge & Ors v Sodexo & Anor [2009] EWCA Civ 729 (14 July 2009) Secretary of State for the Home Department v HH (Iraq) [2009] EWCA Civ 727 (14 July 2009) Court of Appeal (Criminal Division) Erskine, R v [2009] EWCA Crim 1425 (14 July 2009) Coe, R...


Recent Statutory Instruments ? OPSI

Posted on July 15, 2009
The Service Departments Registers (Amendment) Order 2009 The Inspectors of Education, Children?s Services and Skills (No. 2) Order 2009 The European Organization for Astronomical Research in the Southern Hemisphere (Immunities and Privileges) Order 2009 The Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2009 The Violent Crime Reduction Act 2006 (Commencement No...


Regina v Knaggs ? WLR Daily

Posted on July 15, 2009
Regina v Knaggs [2009] EWCA Crim 1363; [2009] WLR (D) 239 “A defendant who had pleaded guilty to an offence without any challenge to the facts by way of a Newton hearing was not thereby debarred, as a matter of law, from challenging the prosecution evidence for the purposes of a confiscation hearing...


R (Al-Sweady and others) v Secretary of State for Defence ? WLR Daily

Posted on July 15, 2009
R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 1687 (Admin); [2009] WLR (D) 238 “The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward...


Alexis v Newham London Borough Council ? Times Law Reports

Posted on July 15, 2009
Alexis v Newham London Borough Council Queen’s Bench Division “A local authority owed a duty of care to its teachers to take such precautions as were reasonable to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on the part of pupils...


Lewis and Another v Metropolitan Property Realisations Ltd ? Times Law Reports

Posted on July 15, 2009
Lewis and Another v Metropolitan Property Realisations Ltd Court of Appeal “A trustee in bankruptcy had three years from the date of the bankruptcy to get in the full cash consideration for the assignment of the bankrupt?s interest in his former matrimonial home, or else the property would re-vest in the bankrupt...


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