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Legal News

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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 January 11, 2010
High Court (Chancery Division) Delaney v Chen & Anor [2010] EWHC 6 (Ch) (08 January 2010) High Court (Patents Court) Molnlycke Health Care Ab & Anor v BSN Medical Ltd & Anor [2009] EWHC 3370 (Pat) (17 December 2009) Source: www.bailii.org


Recent Statutory Instruments ? OPSI

Posted on January 11, 2010
The Regulation of Investigatory Powers (Communications Data) Order 2010 The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2010 The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 The Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2010 The Regulation of Investigatory Powers (Extension of [...


Release of secret child punishment manual ordered ? The Guardian

Posted on January 11, 2010
“The information commissioner has said that a secret prison service punishment manual used in ­privately run child jails should be made public after a three-year freedom of information battle. The 114-page Physical Control in Care training manual details restraint ­techniques authorised for use on children in secure training centres...


Barristers begin nationwide debate over new ways of providing legal services ? Bar Standards Board

Posted on January 11, 2010
“Barristers throughout England and Wales are set to engage in a nationwide and thought-provoking debate over how they provide their services.” Full story Bar Standards Board, 11th January 2010 Source: www.barstandardsboard.org.uk


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Regina (Lewis) v Coroner for Mid and North Division of Shropshire and Another ? Times Law Reports

Posted on January 11, 2010
Regina (Lewis) v Coroner for Mid and North Division of Shropshire and Another Court of Appeal “There was only a power, but not a duty, on a coroner to leave possibly, but not probably causative matters to the jury.” The Times, 11th January 2010 Source: www...


Industrious Ltd v Vincent ? Times Law Reports

Posted on January 11, 2010
Industrious Ltd v Vincent Employment Appeal Tribunal “An employment tribunal had jurisdiction to determine whether a compromise agreement which satisfied section 203(3) of the Employment Rights Act 1996 and which would otherwise prevent the claimant from pursuing an unfair dismissal claim was unenforceable because of misrepresentation...


An anomaly on our doorstep ? The Guardian

Posted on January 11, 2010
“Ofcom’s code on doorstepping public figures plays into the hands of corporate lawyers and stifles investigative reporting in the public interest.” Full story The Guardian, 11th January 2010 Source: www.guardian.co.uk


Magistrate who won victimisation case sacked for misconduct ? Daily Telegraph

Posted on January 11, 2010
“A black magistrate who won a victimisation case against the Ministry of Justice has been sacked for misconduct.” Full story Daily Telegraph, 9th January 2010 Source: www.telegraph.co.uk


Call to lift ban on jury service for people with mental illness ? The Guardian

Posted on January 11, 2010
“Ministers are facing demands to scrap an ‘unfair and discriminatory’ law that bans thousands from being jurors because they have suffered from mental ill-health.” Full story The Guardian, 10th January 2010 Source: www.guardian...


Legal costs emerge as defining issue of 2010?s biggest cases ? The Lawyer

Posted on January 11, 2010
“As the profession awaits Jackson LJ?s civil justice costs review, the cases set to shape this year?s litigation get underway.” Full story The Lawyer, 10th January 2010 Source: www.thelawyer.com


News International admits payout to phone-hacker was for unfair dismissal ? The Guardian

Posted on January 11, 2010
“News International has admitted it was forced to hand former News of the World journalist and convicted phone-hacker Clive Goodman a generous payoff because it failed to follow statutory procedures.” Full story The Guardian, 8th January 2010 Source: www...


Heathrow robbery trial breaks with 400-year tradition of trial by jury ? The Guardian

Posted on January 11, 2010
“The first criminal trial without a jury to take place in England and Wales in more than 400 years begins on Tuesday after lawyers’ legal challenges were exhausted.” Full story The Guardian, 10th January 2010 Source: www.guardian.co...


?Innocent? driver admits offence to avoid cost of court defence ? Daily Telegraph

Posted on January 11, 2010
“A company director has admitted a motoring offence he says he has not committed after becoming one of the first to be caught by controversial new rules on court costs.” Full story Daily Telegraph, 9th January 2010 Source: www.telegraph.co...


Human rights gagged MI5 over Abdulmutallab ? The Times

Posted on January 11, 2010
“MI5 failed to alert America to intelligence highlighting the extremist links of the Detroit plane bomber because of concerns about breaching his human rights and privacy.” Full story The Times, 10th January 2010 Source: www.timesonline.co...


Sex offenders ?granted taxi licences? ? The Independent

Posted on January 11, 2010
“Criminals with convictions for offences including indecent assault and drug dealing are knowingly being granted taxi driver licences, an investigation claimed today.” Full story The Independent, 11th January 2010 Source: www.independent.co...


Parking fine appeal panel planned ? BBC News

Posted on January 11, 2010
“A new independent appeals panel to stop motorists from being unfairly fined by unscrupulous private car parking companies is to be established.” Full story BBC News, 10th January 2010 Source: www.bbc.co.uk


Law Society challenges move to charge acquitted defendants fees ? The Guardian

Posted on January 11, 2010
“People accused of crimes will begin paying legal fees at five crown courts in England and Wales tomorrow , as the government faces increasing criticism over measures that will see some innocent people footing part of the bill for their defence...


Reprieve for ?hero? father over Child Support Agency demand ? Daily Telegraph

Posted on January 11, 2010
“The Child Support Agency has issued a reprieve to a ‘hero’ father whose daughter was threatening legal action over its treatment of him.” Full story Daily Telegraph, 10th January 2010 Source: www.telegraph.co.uk


Gurkha veterans lose pensions test case battle with MoD ? BBC News

Posted on January 11, 2010
“Retired Gurkhas have lost a High Court test case battle with the Ministry of Defence over pension rights.” Full story BBC News, 11th January 2010 Source: www.bbc.co.uk


Overseas online gambling groups will need licence ? The Times

Posted on January 08, 2010
“Overseas online gambling companies that target British punters will require a licence under proposals outlined yesterday by the Department for Culture, Media and Sport (DCMS).” Full story The Times, 8th January 2010 Source: www.timesonline...


Miller-Smith v Miller-Smith ? Times Law Reports

Posted on January 08, 2010
Miller-Smith v Miller-Smith Court of Appeal “On an application by a separated spouse to order a sale of the matrimonial home in advance of any divorce decree, the court should ask itself whether the issue raised by the application could reasonably be left to be resolved within an application for ancillary relief following divorce...


Regina v Reed and Reed; Regina v Garmson ? Times Law Reports

Posted on January 08, 2010
Regina v Reed and Reed; Regina v Garmson Court of Appeal (Criminal Division) “Evidence from a forensic science officer with scenes of crime experience was admissible to give possible explanations for the presence of DNA where it had been found and to evaluate those possibilities...


BAILII: Recent Decisions

Posted on January 08, 2010
Court of Appeal (Criminal Division) Crown Prosecution Service v C & Ors [2009] EWCA Crim 2614 (11 December 2009) Loftus & Anor, R. v [2009] EWCA Crim 2688 (09 December 2009) Despaigne-Pellon, R. v [2009] EWCA Crim 2580 (20 November 2009) High Court (Chancery Division) Murray Vernon Holdings Ltd v Hassall & Ors [2010] EWHC 7 (Ch) [...


Recent Statutory Instruments ? OPSI

Posted on January 08, 2010
The Asylum (Designated States) Order 2010 The Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010 The Special Annual Allowance Charge (Variation of Rate) Order 2010 Source: www...


Watchdog launches consultation on MPs? expenses ? The Guardian

Posted on January 08, 2010
“A five-week public consultation on the reform of MPs’ expenses was launched today as the new parliamentary expenses watchdog appeared to soften proposals on MPs claiming for second homes and employing family members.” Full story The Guardian, 7th January 2010 Source: www...


Why Nominet disconnected more than 1,000 sites with no court oversight ? OUT-LAW.com

Posted on January 08, 2010
“The body responsible for the .uk internet addresses disconnected over 1,200 websites without any oversight from a court. The much-publicised action last month was based only on police assertions about criminal activity on the sites.” Full story OUT-LAW...


Law reformed on leaving property in trust for future generations ? Ministry of Justice

Posted on January 08, 2010
“Leaving property in trust for future generations will be modernised and simplified by the Perpetuities and Accumulations Act 2009.” Full story Ministry of Justice, 7th January 2010 Source: www.justice.gov.uk


Case of ?Heathrow four? to be challenged as lone judge prepares for historic trial ? The Times

Posted on January 08, 2010
“Defence lawyers are preparing to challenge the first criminal trial in England and Wales for 400 years to go ahead without a jury. The case is expected to be heard next week.” Full story The Times, 8th January 2010 Source: www.timesonline...


Trafigura returns to court in attempt to suppress lawsuit documents ? The Guardian

Posted on January 08, 2010
“Trafigura, the offshore oil trader that became notorious for legal attempts to suppress reporting of parliament, is going back to Britain’s judges tomorrow.” Full story The Guardian, 7th January 2010 Source: www.guardian.co.uk


Recent Statutory Instruments ? OPSI

Posted on January 07, 2010
The Woodbury Common Range Byelaws 2009 The Regulation of Investigatory Powers (Authorisations Extending to Scotland) (Amendment) Order 2009 The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2009 The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010 The Infrastructure Planning (Decisions) Regulations 2010 Source: www...


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