Current Awareness

Devoted husband who strangled wife in his sleep walks free from court – The Guardian

sally — Fri, 20 Nov 2009 18:30:47 +0000

“A ‘decent and devoted’ husband who strangled his wife while he dreamt she was a intruder has been cleared of murder after the Crown Prosecution Service accepted he had not been in control of his actions but was not a danger to anyone else.”

Full story

The Guardian, 20th November 2009

Source: www.guardian.co.uk

Royal Bank of Scotland loses landmark wheelchair access appeal – The Times

sally — Fri, 20 Nov 2009 18:22:10 +0000

“The Royal Bank of Scotland has been ordered to carry out £200,000 of work to improve wheelchair access at one of its branches after senior judges ruled that it had breached disability laws.”

Full story

The Times, 20th November 2009

Source: www.timesonline.co.uk

Coroners and Justice Act 2009

sally — Fri, 20 Nov 2009 18:19:20 +0000

Coroners and Justice Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

New laws to aid global fight against bribery – Ministry of Justice

sally — Fri, 20 Nov 2009 18:17:28 +0000

“The UK will further cement its reputation as one of the least corrupt countries in the world with new laws that will enable courts to tackle bribery at home and abroad more effectively, said Justice Secretary, Jack Straw.”

Full story

Ministry of Justice, 20th November 2009

Source: www.justice.gov.uk

‘Wicked’ grandmother jailed over dowry dispute – The Independent

sally — Fri, 20 Nov 2009 18:15:22 +0000

“A ‘wicked’ grandmother and the two sons she ordered to kidnap and beat her estranged son-in-law over a £25,000 dowry dispute, have each been jailed for seven years.”

Full story

The Independent, 20th November 2009

Source: www.independent.co.uk

Legal profession set for historic reforms – The Times

sally — Fri, 20 Nov 2009 18:11:48 +0000

“Barristers will be free to set up in partnership with solicitors or with each other under historic reforms approved last night by the Bar Standards Board.”

Full story

The Times, 20th November 2009

Source: www.timesonline.co.uk

Experts can be named in family cases – The Times

sally — Fri, 20 Nov 2009 12:06:34 +0000

“Expert witnesses in family cases are to be named under the next stage of opening up the family courts to the media, although social workers’ anonymity will be protected, ministers have announced.”

Full story

The Times, 20th November 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

sally — Fri, 20 Nov 2009 10:48:46 +0000

The Double Taxation Relief and International Tax Enforcement (Guernsey) Order 2009

The Burma (Restrictive Measures) (Overseas Territories) Order 2009

The Identity Cards Act 2006 (Commencement No. 5) Order 2009

The Double Taxation Relief and International Tax Enforcement (Jersey) Order 2009

The Double Taxation Relief and International Tax Enforcement (Virgin Islands) Order 2009

The Companies Act 2006 (Amendment of Section 413) Regulations 2009

The Health Service Branded Medicines (Control of Prices and Supply of Information) Amendment Regulations 2009

The Administrative Justice and Tribunals Council (Listed Tribunals) (Amendment) Order 2009

The Movement of Animals (Restrictions) (Wales) (Amendment) Order 2009

The Contaminants in Food (Wales) (Amendment) Regulations 2009

The Public Transport Users’ Committee for Wales (Establishment) (Amendment) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

sally — Fri, 20 Nov 2009 10:38:54 +0000

Supreme Court

Louca v A German Judicial Authority [2009] UKSC 4 (19 November 2009)

B (A Child), Re [2009] UKSC 5 (19 November 2009)

Court of Appeal (Civil Division)

Willmore v Knowsley Metropolitan Borough Council [2009] EWCA Civ 1211 (19 November 2009)

Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209 (19 November 2009)

High Court (Chancery Division)

HSBC Bank Plc v Dyche & Anor [2009] EWHC 2954 (Ch) (18 November 2009)

Williams v Hull [2009] EWHC 2844 (Ch) (19 November 2009)

Perpetual Trustee Company Ltd v BNY Corporate Trustee Services Ltd & Anor [2009] EWHC 2953 (Ch) (17 November 2009)

High Court (Administrative Court)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 2973 (Admin) (19 November 2009)

High Court (Commercial Court)

Dunlop Haywards (DHL) Ltd & Ors v Barbon Insurance Group Ltd & Ors [2009] EWHC 2900 (Comm) (19 November 2009)

High Court (Technology and Construction Court)

Southern Electric v Mead Realisations [2009] EWHC 2947 (TCC) (04 November 2009)

German Property 50 SARL v Summers-Inman Construction and Property Consultants LLP [2009] EWHC 2968 (TCC) (20 November 2009)

Source: www.bailii.org

In re B (A Child) – WLR Daily

sally — Fri, 20 Nov 2009 10:24:53 +0000

In re B (A Child) [2009] UKSC 5; [2009] WLR (D) 336

“When the court was considering a residence order application in respect of a child under s 8 of the Children Act 1989 there was no presumption in favour of a biological parent. The advantage of being brought up by a parent only assumed significance as part of an examination of what was in the child’s best interests.”

WLR Daily, 19th November 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.

Al Rawi and others v Security Service and others – WLR Daily

sally — Fri, 20 Nov 2009 10:22:25 +0000

Al Rawi and others v Security Service and others [2009] EWHC 2959 (QB); [2009] WLR (D) 335

It could be lawful and proper for a court to order that a closed material procedure (avoiding disclosure of material contrary to the public interest otherwise than to special advocates) be adopted in a civil claim for damages.

WLR Daily, 19th November 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.

Southern Pacific Mortgage Ltd v Heath – Times Law Reports

sally — Fri, 20 Nov 2009 10:17:58 +0000

Southern Pacific Mortgage Ltd v Heath

Court of Appeal

“A consumer credit agreement which provided for the redemption of an existing smaller mortgage loan and left the remainder as credit, comprised one agreement for the purposes of the Consumer Credit Act 1974.”

The Times, 20th November 2009

Source: www.timesonline.co.uk

Choudhary and Others v Bhatter and Others – Times Law Reports

sally — Fri, 20 Nov 2009 10:14:11 +0000

Choudhary and Others v Bhatter and Others

Court of Appeal

“The words ‘regardless of domicile’ within article 22 of the EC Judgments Regulation were to be construed with care.”

The Times, 20th November 2009

Source: www.timesonline.co.uk

Government to crack down on illegal downloads – The Independent

sally — Fri, 20 Nov 2009 10:09:47 +0000

“People who illegally download music and films could have their internet connection slowed down or cut off altogether under legislation unveiled today.”

Full story

The Independent, 20th November 2009

Source: www.independent.co.uk

Apprenticeships, Skills, Children and Learning Act 2009

sally — Fri, 20 Nov 2009 10:04:37 +0000

Apprenticeships, Skills, Children and Learning Act 2009 published

Full text of Act

Source: www.opsi.gov.uk

Fitness test probes strength of new law firms – The Times

sally — Fri, 20 Nov 2009 10:02:27 +0000

“People or companies who buy up law firms under the imminent ‘Big Bang’ of the legal profession will have to pass an a special test to prove their ‘fitness to own’ under plans outlined today (19 November).”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

UK lawyers fight to save nine-year-old boy from deportation to Iran – The Guardian

sally — Fri, 20 Nov 2009 09:59:26 +0000

“Lawyers for a nine-year-old boy set to be removed from the UK tomorrow are urgently trying to stop his deportation.”

Full story

The Guardian, 19th November 2009

Source: www.guardian.co.uk

Grandmother wins Supreme Court ruling on care of three-year-old boy – The Times

sally — Fri, 20 Nov 2009 09:57:06 +0000

“A woman has won a legal battle over the care of her three-year-old grandson after the Supreme Court reversed rulings that he should live with his father.”

Full story

The Times, 20th November 2009

Source: www.timesonline.co.uk

Judge orders boy to live with father against his wishes – Daily Telegraph

sally — Fri, 20 Nov 2009 09:54:49 +0000

“A senior judge has ordered a boy to leave his home and school to go and live with his father, against the wishes of both the child and his mother.”

Full story

Daily Telegraph, 20th November 2009

Source: www.telegraph.co.uk

Court rejects David Miliband bid to suppress CIA evidence – The Guardian

sally — Fri, 20 Nov 2009 09:51:56 +0000

“The high court today (19 November) flatly rejected claims by David Miliband, the foreign secretary, that releasing evidence of the CIA’s inhuman and unlawful treatment of UK resident Binyam Mohamed would harm Britain’s relations with the US by giving away intelligence secrets.”

Full story

The Guardian, 19th November 2009

Source: www.guardian.co.uk

New Digital Bill unlikely to become law before election, warn Tories – The Times

sally — Fri, 20 Nov 2009 09:49:19 +0000

“Sweeping reforms to combat internet piracy, secure the future of public service broadcasting and extend digital radio are unlikely to pass into law, the Conservatives have warned.”

Full story

The Times, 20th November 2009

Source: www.timesonline.co.uk

Openness and accountability in family courts: new legislation proposed – Ministry of Justice

sally — Thu, 19 Nov 2009 16:46:25 +0000

“Proposals to further open up family courts to the media have been announced as part of new legislation put before Parliament today.”

Full story

Ministry of Justice, 19th November 2009

Source: www.justice.gov.uk

Chief prosecutor backs state snooping plans – Daily Telegraph

sally — Thu, 19 Nov 2009 16:37:10 +0000

“Proposed new powers to track every email, phone call and website visit have been backed by the country’s top prosecutor as ‘vital’ to fighting crime.”

Full story

Daily Telegraph, 19th November 2009

Source: www.telegraph.co.uk

Mandelson seeks to amend copyright law in new crackdown on filesharing – The Guardian

sally — Thu, 19 Nov 2009 16:35:39 +0000

“Lord Mandelson is seeking to amend the laws on copyright to give the government sweeping new powers against people accused of illegal downloading.”

Full story

The Guardian, 19th November 2009

Source: www.guardian.co.uk

Binyam: Judges attack UK secrecy over public documents – BBC News

sally — Thu, 19 Nov 2009 16:32:37 +0000

“Senior judges say the foreign secretary is stopping them releasing details of CIA interrogation techniques – even though the US has published them.”

Full story

BBC News, 19th November 2009

Source: www.bbc.co.uk

Welfare Reform Act 2009

sally — Thu, 19 Nov 2009 10:06:54 +0000

Welfare Reform Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Apprenticeships, Skills, Children and Learning Act 2009

sally — Thu, 19 Nov 2009 10:05:36 +0000

Apprenticeships, Skills, Children and Learning Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

BAILII: Recent Decisions

sally — Thu, 19 Nov 2009 10:00:48 +0000

Court of Appeal (Civil Division)

Maher & Anor v Groupama Grand EST [2009] EWCA Civ 1191 (12 November 2009)

High Court (Queen’s Bench Division)

Horsley v Cascade Insulation Services Ltd & Ors [2009] EWHC 2945 (QB) (18 November 2009)

Al Rawi & Ors v The Security Service & Ors [2009] EWHC 2959 (QB) (18 November 2009)

High Court (Administrative Court)

Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin) (29 October 2009)

Ethos Recycling Ltd v Barking & Dagenham Magistrates Court [2009] EWHC 2885 (Admin) (13 November 2009)

High Court (Commercial Court)

Continental Transfert Technique Ltd v The Federal Government of Nigeria & Ors [2009] EWHC 2898 (Comm) (16 November 2009)

Source: www.bailii.org

Regina v Patel; Regina v Hussain – Times Law Reports

sally — Thu, 19 Nov 2009 09:53:36 +0000

Regina v Patel; Regina v Hussain

Court of Appeal

“Where medicinal products were intended for sale to end users outside the European Community, the Medicines for Human Use (Marketing Authorisations Etc.) Regulations (SI 1994 No 3144) had no application.”

The Times, 19th November 2009

Source: www.timesonline.co.uk

Independent Trustee Services Ltd v Hope and Others – Times Law Reports

sally — Thu, 19 Nov 2009 09:50:58 +0000

Independent Trustee Services Ltd v Hope and Others

Chancery Division

“As a matter of law, the existence of the Pension Protection Fund was not a factor that trustees of a pension scheme could legitimately take into account in the exercise of a power to buy out scheme benefits.”

The Times, 19th November 2009

Source: www.timesonline.co.uk

Test Claimants in the Thin Cap Group Litigation v Revenue and Customs Commissioners – WLR Daily

sally — Thu, 19 Nov 2009 09:45:22 +0000

Test Claimants in the Thin Cap Group Litigation v Revenue and Customs Commissioners [2009] EWHC 2908 (Ch); [2009] WLR (D) 334

“The United Kingdom’s thin capitalisation (‘thin cap’) provisions which remained in force, in a potentially discriminatory form, until 2004 were not proportionate to achieve the purpose of preventing abusive tax avoidance because they did not allow for a separate defence of commercial justification and so constituted a restriction on freedom of establishment contrary to art 43EC.”

WLR Daily, 18th November 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.

Legacies unleash a battle of wills – The Times

sally — Thu, 19 Nov 2009 09:41:42 +0000

“When Dr Christine Gill last month successfully challenged her mother’s will, which had bequeathed the £2 million family farm in North Yorkshire to the RSPCA, it was just the latest in an increasingly long line of disputes over wills to have been picked over by the media.”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

NHS trust prosecuted over new mother’s death from wrong drug – The Guardian

sally — Thu, 19 Nov 2009 09:38:02 +0000

“A hospital trust in Swindon is being prosecuted on health and safety grounds in the case of a Filipino nurse who died when she was given the wrong drug after giving birth.”

Full story

The Guardian, 18th November 2009

Source: www.guardian.co.uk

Braced for the big bang and Tesco law – The Times

sally — Thu, 19 Nov 2009 09:34:46 +0000

“The opening up of the legal services market brings with it opportunities and threats as new players seek to establish themselves.”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

Government confirms plan to disconnect alleged file-sharers – OUT-LAW.com

sally — Thu, 19 Nov 2009 09:30:42 +0000

“The Government has confirmed that it will pass legislation allowing for the termination of internet connections used by suspected illegal file-sharers but has not yet said whether the action will be subject to independent or court oversight before it takes place.”

Full story

OUT-LAW.com, 18th November 2009

Source: www.out-law.com

The Bill’s in brief: Labour’s plans for new laws – The Times

sally — Thu, 19 Nov 2009 09:29:13 +0000

Full story

The Times, 18th November 2009

Source: www.timesonline.co.uk

Barristers claim unfair secrecy as board debates ban on partnerships – The Times

sally — Thu, 19 Nov 2009 09:23:22 +0000

“Hundreds of years of tradition may be ditched today when the ban on barristers joining in partnership with other professionals is lifted.”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

Prison for suitcase puppy killer – BBC News

sally — Thu, 19 Nov 2009 09:21:10 +0000

“A Sussex woman who left 15 puppies to die in closed suitcases in a locked cupboard has been jailed for 20 weeks.”

Full story

BBC News, 18th November 2009

Source: www.bbc.co.uk

Teenage bullies guilty of killing girl who jumped from window – The Times

sally — Thu, 19 Nov 2009 09:17:06 +0000

“Two teenage girls whose violent and prolonged bullying drove a vicar’s daughter to jump to her death from a window were convicted of manslaughter yesterday.”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

Judge allows secret services to hide evidence in civil lawsuits – The Guardian

sally — Thu, 19 Nov 2009 09:11:29 +0000

“MI5, MI6 and the police will be able to withhold evidence from defendants and their lawyers in civil cases for the first time, the high court ruled today.”

Full story

The Guardian, 18th November 2009

Source: www.guardian.co.uk