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Legal News

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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Ban on possession of extreme images comes into force - OUT-LAW.com

Posted on January 29, 2009
“It has become illegal in most of the UK to own extreme pornographic images. A new law came into force making it a criminal offence to possess the images in England, Wales and Northern Ireland. A similar law is proposed in Scotland.” Full story OUT-LAW...


All criteria must be met for exemptions from disability hiring law, says EAT - OUT-LAW.com

Posted on January 29, 2009
“If a company that is recruiting is to be exempt from making provisions for disabled applicants it must fulfil all the criteria laid down in law and not just some of them, the Employment Appeals Tribunal (EAT) has said” Full story OUT-LAW...


Persche v Finanzamt Lüdenscheid - WLR Daily

Posted on January 29, 2009
Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27 “It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer?s state and the taxpayer had no opportunity to show that the [...


Austin v Commissioner of Police of the Metropolis - WLR Daily

Posted on January 29, 2009
Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26 “Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to [...


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Austin v Commissioner of Police of the Metropolis - Times Law Reports

Posted on January 29, 2009
Austin v Commissioner of Police of the Metropolis House of Lords “Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used [...


Changing the face of human rights - Ministry of Justice

Posted on January 29, 2009
“Jack Straw has given the keynote speech at the annual conference of the British Institute of Human Rights.” Full speech Ministry of Justice, 28th January 2009 Source: www.justice.gov.uk       


Sir Paul Stephenson appointed as new police commissioner - Home Office

Posted on January 29, 2009
“Sir Paul has been appointed the new Metropolitan Police Service commissioner, Home Secretary Jacqui Smith announced today.” Full press release Home Office, 28th January 2009 Source: www.homeoffice.gov.uk       


Facebook message teenager found guilty of murder - The Independent

Posted on January 29, 2009
“A teenager who posted a message on Facebook saying he felt ‘like killin some1′  hours before stabbing a man to death in a crowded bar was convicted of murder today.” Full story  The Independent, 28th January 2009 Source: www.independent...


Inmates ?with nothing to lose? threaten jails - The Times

Posted on January 29, 2009
“A growing number of prisoners serving long sentences who have ‘nothing to lose’ is a threat to the control and stability of the jail system, the prisons watchdog warns. Dame Anne Owers, the chief inspector of prisons, also said that there was a growing use of force to control the most pressurised jails in England [...


Teenage girl who attacked three paramedics walks free from court - Daily Telegraph

Posted on January 29, 2009
“The 16-year-old, from Somerset, was given a community rehabilitation order for three counts of assault at Yeovil Magistrates’ Court.” Full  story Daily Telegraph, 28th January 2009 Source: www.telegraph.co.uk       


Rule on secret Government documents could be relaxed - Daily Telegraph

Posted on January 29, 2009
“Secret Government documents could be released earlier when a report is published into whether the 30-year-rule should be relaxed.” Full story  Daily Telegraph, 29th January 2009 Source: www.telegraph.co.uk       


Women killed after inflatable artwork?s safety system failed in wind, court told - The Guardian

Posted on January 29, 2009
“Amateurish safety precautions led to a huge inflatable artwork tearing free and twisting into the air in a strong gust of wind, killing two women inside, a court heard yesterday.” Full story The Guardian, 29th January 2009 Source: www.guardian...


£20 broadband charge to fight online music and film piracy - The Times

Posted on January 29, 2009
“An additional charge for broadband use will be proposed by ministers today as part of a plan to stamp out music and film piracy. Lord Carter of Barnes, the Communications Minister, will propose the creation of a quango, paid for by a charge that could amount to £20 a year per broadband connection...


Somerset care home manager charged with murdering three residents - The Times

Posted on January 29, 2009
“A registered nurse has been charged with murdering three elderly residents in the Somerset care home that she ran with her husband for ten years.” Full story The Times, 29th January 2009 Source: www.timesonline.co.uk       


BAILII: Recent Decisions

Posted on January 28, 2009
Court of Appeal (Civil Division) Greenland Bank Ltd v American Express Bank Ltd [2009] EWCA Civ 14 (27 January 2009) High Court (Administrative Court) J G Ipswich Llp v Secretary of State for Communities and Local Government & Anor [2009] EWHC 91 (Admin) (27 January 2009) Caldarelli, R (on the application of) v City of Westminster Magistrates Court & [...


Parallel importer jailed for up to nine months in Microsoft case - OUT-LAW.com

Posted on January 28, 2009
“A software distributor faces nine months in jail for selling ‘grey’ imported copies of Microsoft software. Sales firm ITAC’s founder Barry Omesuh must pay £2.5 million in damages to the software giant.” Full story OUT-LAW...


R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) - WLR Daily

Posted on January 28, 2009
R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) [2009] EWHC 106 (Admin); [2009] WLR (D) 25 “The decision to abandon a prosecution because of the victim?s mental instability involved a misapplication of the Code for Crown Prosecutors, was irrational and was a violation of the victim?s rights under art 3 of [...


R (The Electoral Commission) v City of Westminster Magistrates? Court - WLR Daily

Posted on January 28, 2009
R (The Electoral Commission) v City of Westminster Magistrates? Court [2009] EWHC 78 (Admin); [2009] WLR(D) 24 “There was no presumption that impermissible donations to a registered political party should be forfeited under s 58(2) of the Political Parties, Elections and Referendums Act 2000 unless there were good reasons not to do so...


Adorian v Commissioner of Police of the Metropolis - WLR Daily

Posted on January 28, 2009
Adorian v Commissioner of Police of the Metropolis [2009] EWCA Civ 18; WLR (D) 23 “The requirement of s 329(2) of the Criminal Justice Act 2003, that the court?s permission be obtained to bring civil proceedings for trespass to the person where the claimant had been convicted of an imprisonable offence committed on the same occasion [...


Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 - Times Law Reports

Posted on January 28, 2009
Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 Court of Justice of the European Communities “Workers or former workers who in a particular year were on sick leave and for that reason were unable to exercise their right to paid annual leave in that year, were entitled [...


Recent Statutory Instruments - OPSI

Posted on January 28, 2009
The Pensions Act 2008 (Commencement No. 2) Order 2009 The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2009 Source: www.opsi.gov.uk       


Family Procedure Rule Committee news: November - December 2008 - Ministry of Justice

Posted on January 28, 2009
“The Family Procedure Rule Committee has published details of its work in November and December 2008.” Full press release Ministry of Justice, 27th January 2009 Source: www.justice.gov.uk       


Responding to human rights judgments - Ministry of Justice

Posted on January 28, 2009
“Government response to the Joint Committee on Human Rights’ 31st Report of Session 2007-08.” Full response Ministry of Justice, 27th January 2009 Source: www.justice.gov.uk       


Blogger who didn?t delete comment cannot sue over it, says High Court - OUT-LAW.com

Posted on January 28, 2009
“A man who was criticised in the comments section of his own blog cannot sue for defamation because he did not delete the comment when he discovered it, the High Court has said. The Court said that the man consented to the comment’s publication...


Virgin Atlantic loses design rights and patent claims over flatbed seats - OUT-LAW.com

Posted on January 28, 2009
“Airline Virgin Atlantic has lost its claim that a rival airline’s seat infringed its intellectual property rights. Virgin Atlantic’s patent design rights were not infringed by a design produced by Virgin’s seat design contractor for a rival, the High Court said...


Two men jailed after pub murder - BBC News

Posted on January 28, 2009
“A man has been sentenced to life for shooting dead a father-of-two in a pub.” Full story BBC News, 27th January 2009 Source: www.bbc.co.uk       


Squatters ordered out of Mayfair - BBC news

Posted on January 28, 2009
“Squatters who took over a £22.5m house in Mayfair have been ordered by a court to leave the property.” Full story  BBC News, 27th January 2009 Source: www.bbc.co.uk       


Mentally ill victim was failed by CPS - The Independent

Posted on January 28, 2009
“A decision by prosecutors to drop a serious criminal assault case because the victim, who had half an ear bitten off, suffered mental health problems, has been severely criticised by High Court judges.” Full story The Independent, 28th January 2009 Source: www...


Secret Cabinet minutes on Iraq must be made public, tribunal rules - The Times

Posted on January 28, 2009
“Minutes of Cabinet discussions on the legality of war in Iraq have been ordered to be made public by the Information Tribunal, which today rejected appeals by the head of the civil service to keep them secret.” Full story The Times, 27th January 2009 Source: www...


Police forces not meeting standards for monitoring sex offenders - Daily Telegraph

Posted on January 28, 2009
“An investigation claimed at least 30 forces were failing to meet guidelines on the minimum number of home visits for sex offenders under their watch.” Full story Daily Telegraph, 28th January 2009 Source: www.telegraph.co.uk       


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