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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 March 11, 2011
Supreme Court Sienkiewicz v Greif (UK) Ltd [2011] UKSC 10 (9 March 2011) High Court (Commercial Court) Essentially Different Ltd v Bank of Scotland Plc [2011] EWHC 475 (Comm) (10 March 2011) Source: www.bailii.org

Ruiz Zambrano v Office national de L?emploi (ONEm) ? WLR Daily

Posted on March 11, 2011
Ruiz Zambrano v Office national de L?emploi (ONEm) (Case C-34/09); [2011] WLR (D) 81 ”A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work [...

North Shore Ventures Ltd v Anstead Holdings Inc and others ? WLR Daily

Posted on March 11, 2011
North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWCA Civ 230; [2011] WLR (D) 80 “A creditor was under a duty to disclose to the surety any contract or other dealing between creditor and debtor which changed the position of the debtor from that which the surety might naturally have expected, but [...

Bank of Scotland v Pereira and others ? WLR Daily

Posted on March 11, 2011
Bank of Scotland v Pereira and others [2011] EWCA Civ 241; [2011] WLR (D) 79 “A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default [...

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Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same ? WLR Daily

Posted on March 11, 2011
Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same [2011] EWCA Civ 242; [2011] WLR (D) 78 “In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the [...

Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council ? WLR daily

Posted on March 11, 2011
Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council [2011] UKSC 10; [2011] WLR (D) 77 “The special rule attributing causation to multiple defendants in mesothelioma cases also applied to a single defendant who, in breach of duty, exposed a victim to asbestos dust, where her only other known exposure was low level [...

Solicitor struck off over ?land banking? scheme ? Law Society?s Gazette

Posted on March 11, 2011
“A solicitor involved in a ?land banking? scheme which cost investors their life savings was struck off by the Solicitors Disciplinary Tribunal last week.” Full story Law Society’s Gazette. 10th March 2011 Source: www.lawgazette.co.uk

New investigations regime will accompany new premium rate code, says regulator ? OUT-LAW.com

Posted on March 11, 2011
“The way premium phone rate companies are investigated for breaches of the industry code will be changed this spring, regulator PhonepayPlus (PPP) has said.” Full story OUT-LAW.com, 10th March 2011 Source: www.out-law.com

Rollover contracts with leaving penalties to be banned, says Ofcom ? OUT-Law.com

Posted on March 11, 2011
“Telecoms firms will be banned from automatically signing customers up to renewed contracts with minimum contract periods, telecoms regulator has said. It said that 15% of home phone users are tied into such contracts.” Full story OUT-LAW...

CPS statement following the conviction of Terence Brown ? Crown Prosecution Service

Posted on March 11, 2011
“Following the conviction of Terence Brown, Moira Macmillan, CPS Counter Terrorism Division lawyer said: ‘Terence Brown made money from producing and selling CD-Roms which contained details of step-by-step instructions that could be used by anyone planning or committing a terrorist attack...

Damages awarded to Virgin Atlantic masseuses ? BBC News

Posted on March 11, 2011
“Two beauty therapists who suffered repetitive strain injury after giving hours of massages to Virgin Atlantic passengers have been awarded damages.” Full story BBC News, 10th March 2011 Source: www.bbc.co.uk

Bristol cancer lie woman jailed for fraud ? BBC News

Posted on March 11, 2011
“A police civilian worker who lied to friends and colleagues by telling them she was dying of liver cancer has been jailed for 15 months for fraud.” Full story BBC News, 10th March 2011 Source: www.bbc.co.uk

Ex council chairman and wife jailed over ?deplorable? fraud of relative, 85 ? Daily Telegraph

Posted on March 11, 2011
“A former council chairman and his wife have been jailed for the ‘deplorable’ fraud of an elderly relative, which funded their lavish lifestyle and teddy bear collection.” Full story Daily Telegraph, 10th March 2011 Source: www...

Sir Fred Goodwin, RBS chief, takes out gagging order ? Daily Telegraph

Posted on March 11, 2011
“The existence of the injunction was revealed by John Hemming, a back-bench Liberal Democrat MP, during a business debate in the House of Commons yesterday morning. His comments are protected by parliamentary privilege, which means he cannot face court proceedings for revealing the injunction’s existence...

7/7 inquests: MI5 rejects families? call for 7/7 review ? BBC News

Posted on March 11, 2011
“MI5 has rejected calls from the families of the 52 victims of the 7/7 bombings for a review of its working practices in light of the inquests.” Full story BBC News, 11th March 2011 Source: www.bbc.co.uk

Britain fends off threat of £300m fine over London air pollution ? The Guardian

Posted on March 11, 2011
“The government has fended off the threat of £300m in fines over air pollution in London after the European commission put on hold infringement proceedings by granting the UK a time extension to meet a key air quality directive, subject to an emergency action plan...

Council Chairman discusses sentencing on Radio 5 Live ? Sentencing Council

Posted on March 10, 2011
“Today, Lord Justice Leveson appeared on BBC Radio 5 Live’s Victoria Derbyshire show to talk about the work of the Sentencing Council, discuss how sentencing works, clear up common misconceptions about it, and debate related issues with callers...

News release: New support centre for victims of rape ? Ministry of Justice

Posted on March 10, 2011
“Victims of rape and sexual violence will receive the specialist help they need following Ministry of Justice funding for four new support centres in Hereford, Trafford, Dorset and Devon said Justice Minister, Crispin Blunt.” Full story Ministry of Justice, 9th March 2011 Source: www...

Gearing up for 20th Annual Bar National Mock Trial Final: ?A Triumph of Opportunity, Excellence and Achievement? ? The Bar Council

Posted on March 10, 2011
“The Citizenship Foundation, in partnership with the Bar Council, which represents barristers in England and Wales, the Faculty of Advocates in Scotland and the Bar Council of Northern Ireland, is gearing up for the 20th annual final of the Bar National Mock Trial Competition...

Consolidation of charity law ? Cabinet Office

Posted on March 10, 2011
“The Charities Bill was published today, consolidating existing charities legislation into one Act of Parliament. The consolidation bill aims to make it easier to follow charities legislation.” Full story Cabinet Office, 4th March 2011 Source: www...

Ministry of Defence v Wallis and another ? WLR Daily

Posted on March 10, 2011
Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76 “The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands...

Direktsia ?Obzhalvane i upravlenie na izpalnenieto??Varna v Auto Nikolovi OOD ? WLR Daily

Posted on March 10, 2011
Direktsia ?Obzhalvane i upravlenie na izpalnenieto??Varna v Auto Nikolovi OOD (Case C 203-10); [2011] WLR (D) 75 “The margin scheme which could be applied pursuant to article 314 of Council Directive 2006/112/EC to second hand goods, works of art, collectors items or antiques was not applicable to supplies of goods such as spare parts for [...

Claes v Landsbanki Luxembourg SA (in liquidation) ? WLR Daily

Posted on March 10, 2011
Claes v Landsbanki Luxembourg SA (in liquidation) (Joined Cases C-235/10?239/10); [2011] WLR (D) 74 “Articles 1 and 3 of Council Directive 98/59/EC, concerning the procedure to be adopted upon collective redundancies, applied to the termination of the activities of an employing establishment as a result of a judicial winding up on grounds of insolvency, even [...

Civil legal aid cuts will increase tribunal workload ? Law Society?s Gazette

Posted on March 10, 2011
“Cuts to civil legal aid will leave people unable to pursue their rights and increase the workload of the tribunal system, the senior president of tribunals has warned.” Full story Law Society’s Gazette, 10th March 2011 Source: www.lawgazette...

UK troops injured in Iraq and Afghanistan get over £20m ? BBC News

Posted on March 10, 2011
“UK troops injured in Afghanistan due to Ministry of Defence negligence have been paid more almost £10.5m in compensation over the last four years, the BBC has learned.” Full story BBC News, 9th March 2011 Source: www.bbc.co.uk

Hunt saboteur Joe Hashman wins landmark ruling ? The Guardian

Posted on March 10, 2011
“An animal rights activist whose long-running campaigns made him notorious in hunting circles has won a landmark ruling that his anti-hunting beliefs should be protected from discrimination in the same way as religion.” Full story The Guardian, 9th March 2011 Source: www...

How the law can be used to fight cuts to services for disabled people ? Law Society?s Gazette

Posted on March 10, 2011
“Disabled children and disabled adults need significant support from public bodies to help them lead ordinary lives. These groups require both specialist and targeted services and flexible universal services which can be adapted to their needs.” Full story Law Society’s Gazette, 10th March 2011 Source: www...

Spurned lover is first person jailed for stalking by blog ? Daily Telegraph

Posted on March 10, 2011
“A hospital administrator has made legal history as the first man to be jailed in Britain for using an internet blog to stalk a woman.” Full story Daily Telegraph, 10th March 2011 Source: www.telegraph.co.uk

Ofcom will assess UK?s networks from March until May to comply with DEA ? OUT-LAW.com

Posted on March 10, 2011
“Telecoms regulator Ofcom will assess the quality of the UK’s telecoms networks for a two month period before delivering its first infrastructure report to the Government in August, it has said.” Full story OUT-LAW.com, 9th March 2011 Source: www...

Portsmouth man guilty of publishing ?terror handbook? ? BBC News

Posted on March 10, 2011
“A man has been found guilty of publishing a ‘terrorist handbook’ that explained how to make bombs.” Full story BBC News, 9th March 2011 Source: www.bbc.co.uk

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