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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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Employment Appeal Tribunal issues TUPE judgment on contract wins ? Law Society?s Gazette

Posted on April 29, 2010
“The first case to reach the Employment Appeal Tribunal concerning a dispute between two law firms over the employment law implications of winning a client contract from another firm has provided ?much-needed clarification? on the issue, experts have said...


?World?s worst tennis pro? loses Telegraph libel case ? The Lawyer

Posted on April 29, 2010
“The High Court has thrown out a defamation claim brought against the Daily Telegraph by tennis player Robert Dee, who claimed the paper had defamed him by dubbing him the ‘world?s worst tennis pro’.” Full story The Lawyer, 28th April 2010 Source: www...


General counsel ?bypass law firms? and go directly to the bar ? Law Society?s Gazette

Posted on April 29, 2010
“General counsel are increasingly bypassing law firms to go directly to the bar for legal advice, according to a report published today.” Full story Law Society’s Gazette, 29th April 2010 Source: www.lawgazette.co.uk


After the Icelandic volcano: what the lawyers expect next ? The Times

Posted on April 29, 2010
“The stragglers among the stranded volcano victims may be arriving home but we are not out of the ash cloud yet. Indeed ? from a legal perspective ? the crisis has barely started. Only now, as people dust themselves down and turn to the paperwork, can we start to get a glimmer of what lies [...


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Bar Council begins consultation on modernising terms of instructions from solicitors ? The Bar Council

Posted on April 29, 2010
“The Bar Council, the Approved Regulator for barristers in England and Wales, has begun a three-month consultation on new terms of engagement of barristers for solicitors. The move comes as the profession looks to update the current basis on which barristers take instructions from solicitors, which is viewed as outdated and unsatisfactory...


What the legal services reforms could mean for how bar does business ? Law Society?s Gazette

Posted on April 29, 2010
“The Legal Services Act, in combination with changes to the bar?s Code of Conduct agreed last month by the Bar Standards Board, herald a historic sea change for the bar. They give barristers the opportunity to practise in new ways that could radically change the relationship they have with solicitors...


MI5 files must be kept from 7/7 victims? families, coroner told ? The Guardian

Posted on April 29, 2010
“Disclosing MI5 files about the July 7 suicide bombers to the families of those killed in the London attacks would be ‘impossible’, counsel for the Security Service and the home secretary said today.” Full story The Guardian, 28th April 2010 Source: www...


In a hung Parliament, the Queen?s task is to endorse choices made by politicians ? The Times

Posted on April 29, 2010
“The British constitution, Lord Bryce once said, ‘works by a body of understandings which no writer can formulate’. But these ‘understandings’, insofar as they relate to a hung Parliament, have now been formulated in a Cabinet Office manual produced under the aegis of the Cabinet Secretary, Sir Gus O?Donnell...


?Practical joke? victim to receive payout ? Daily Telegraph

Posted on April 29, 2010
“A man who was left brain damaged after an alleged pratical joke between middle-aged neighbours went wrong is set to receive a seven figure payout.” Full story Daily Telegraph, 28th April 2010 Source: www.telegraph.co.uk


Law and order policies: what do Britain?s judges think? ? The Times

Posted on April 29, 2010
“It?s election time ? so judges must watch out. Even more than usual, they cannot be political. ‘I certainly don?t want to be seen as attacking the Government or any party,’ Judge Charles Harris, QC, insists. That said, he is in a position to voice judicial concerns across a broad apolitical front...


Lady Greenfield and Royal Institution settle sex discrimination case ? The Guardian

Posted on April 29, 2010
“Lady Greenfield has dropped a sex discrimination case against the Royal Institution in an undisclosed out-of-court settlement.” Full story The Guardian, 28th April 2010 Source: www.guardian.co.uk


BAILII: Recent Decisions

Posted on April 29, 2010
Court of Appeal (Criminal Division) Appleby, R. v [2010] EWCA Crim 926 (29 April 2010) Jones, R. v [2010] EWCA Crim 925 (29 April 2010) Kazantzis, R. v [2010] EWCA Crim 712 (16 March 2010) Court of Appeal (Civil Division) RW v SW [2010] EWCA Civ 457 (29 April 2010) Birmingham City Council v Clue [...


Senior judge says ?torrent of legislation? made legal system incomprehensible ? The Times

Posted on April 29, 2010
“A new government should call a halt to the ‘torrent’ of legislation that has made the legal system incomprehensible to judges and the public alike, a senior judge has said.” Full story The Times, 29th April 2010 Source: www.timesonline...


Teacher cleared of pupil murder bid ? The Guardian

Posted on April 29, 2010
“A teacher who snapped and attacked a pupil who had been goading him has been cleared of attempted murder and causing grievous bodily harm with intent.” Full story The Guardian, 29th April 2010 Source: www.guardian.co.uk


Great-grandmother tagged over goldfish sale overturns sentence ? Daily Telegraph

Posted on April 29, 2010
“A great-grandmother fitted with an electronic tag after a goldfish was sold to a teenager at her pet shop has had her sentence quashed.” Full story Daily Telegraph, 29th April 2010 Source: www.telegraph.co.uk


Woman shot dead by police lawfully killed, jury rules ? BBC News

Posted on April 29, 2010
“An armed woman who was shot dead by a police marksman in Kent was lawfully killed, an inquest jury has ruled.” Full story BBC News, 29th April 2010 Source: www.bbc.co.uk


Benefits restriction on terror suspects? wives was illegal, European court rules ? The Guardian

Posted on April 29, 2010
“Restrictions on the payment of welfare benefits to wives of terror suspects imposed by Ed Balls when he was a Treasury minister have been ruled illegal by the European court of justice.” Full story The Guardian, 29th April 2010 Source: www...


Millionaire wins battle to build eco home on own island ? The Independent

Posted on April 29, 2010
“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.” Full story The Independent, 29th April 2010 Source: www.independent.co.uk


Garry Mann wins injunction against extradition ? The Guardian

Posted on April 29, 2010
“Football fan Garry Mann has won permission to continue his legal battle against extradition to Portugal, where he was sentenced to two years in prison for his role in a riot at the Euro 2004 tournament.” Full story The Guardian, 29th April 2010 Source: www...


BAILII: Recent Decisions

Posted on April 28, 2010
Court of Appeal (Civil Division) Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts v JP Morgan Chase Bank N.A. & Anor [2010] EWCA Civ 390 (28 April 2010) High Court (Queen’s Bench Division) Floyd & Anor v Legal Services Commission [2010] EWHC 906 (QB) (28 April 2010) Dee v Telegraph Media Group Ltd...


Bar Council Chairman Calls for Bar?s Voice to be Heard on Cuts ? The Bar Council

Posted on April 28, 2010
“The Chairman of the Bar Council, which represents barristers in England and Wales, has reacted angrily to the deep cuts to publicly funded criminal barristers? fees, which come into force today. From today, barristers? fixed fees for criminal defence will be cut by a total of 13...


Regina v Upper Bay Ltd ? Times Law Reports

Posted on April 28, 2010
Regina v Upper Bay Ltd Court of Appeal (Criminal Division) “A parent?s duty to supervise his child and an employer?s duty to conduct its undertaking so that users were not exposed to health or safety risks were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an [...


Irish Reel Productions Ltd v Capitol Films Ltd ? Times Law Reports

Posted on April 28, 2010
Irish Reel Productions Ltd v Capitol Films Ltd Chancery Division “The court had jurisdiction to order that the costs of winding-up proceedings were payable by administrators.” The Times, 28th April 2010 Source: www.timesonline.co.uk


Regina v Richards ? Times Law Reports

Posted on April 28, 2010
Regina v Richards Court of Appeal (Criminal Division) “In respect of a charge of breach of a non-molestation order, the burden of proof was on the prosecution to show that the defendant, in acting as he did, acted without reasonable excuse.” The Times, 28th April 2010 Source: www...


FSA set to fine two banks for mishandling customer complaints ? Daily Telegraph

Posted on April 28, 2010
“Two banks face a financial penalty for poor complaints handling after the Financial Services Authority (FSA) identified weaknesses in how they handled customer problems.” Full story Daily Telegraph, 28th April 2010 Source: www.telegraph.co...


England fan loses Portugal extradition court fight ? BBC News

Posted on April 27, 2010
“An England football fan has lost his fight to avoid being extradited to serve a jail term for his involvement in a riot during Euro 2004.” Full story BBC News, 27th April 2010 Source: www.bbc.co.uk


Recent Statutory Instruments ? OPSI

Posted on April 27, 2010
The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2010 The Fish Labelling (Wales) Regulations 2010 The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 The National Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 2010 The National Assembly [...


BAILII: Recent Decisions

Posted on April 27, 2010
High Court (Civil Division) Hughes v Borodex Ltd. [2010] EWCA Civ 425 (27 April 2010) Campbell & Anor v William Banks & Ors [2010] EWCA Civ 452 (26 April 2010) High Court (Queen’s Bench Division) University of London v Tariquez Zaman [2010] EWHC 908 (QB) (27 April 2010) Bowman v MGN Ltd [2010] EWHC 895 [...


Bar Council launches ?ProcureCo? model as Bar looks to evolve business structures ? The Bar Council

Posted on April 27, 2010
“The Bar Council of England and Wales, has launched a model for new business structures for the Bar, dubbed ?ProcureCo?. This follows historic rule changes made by the Bar?s independent regulatory arm, the Bar Standards Board (BSB), which gave barristers the ability to provide their services in different ways and to structure themselves in ways [...


Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others ? WLR Daily

Posted on April 27, 2010
Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others [2010] EWHC 841 (Ch); [2010] WLR (D) 104 “The selection or arrangement required by art 3(1) of the European Parliament and Council Directive 96/9/EC on the legal protection of databases was not [...


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