Surrey library volunteer decision ruled unlawful by High Court – BBC News

Posted April 3rd, 2012 in libraries, news, volunteers by sally

“Surrey County Council’s decision to run 10 libraries by volunteers in a move to keep its 52 libraries open has been ruled unlawful by the High Court.”

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BBC News, 3rd April 2012

Source: www.bbc.co.uk

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Ex-paratrooper Anthony Malone jailed over torture – BBC News

Posted April 3rd, 2012 in armed forces, false imprisonment, kidnapping, news, sentencing, torture by sally

“A former paratrooper has been jailed for eight years for taking part in the kidnap and torture of two brothers after a property deal collapsed.”

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BBC News, 3rd April 2012

Source: www.bbc.co.uk

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Online privacy: Big Brother will be watching you – but he’ll have his hands full – Halsbury’s Law Exchange

Posted April 3rd, 2012 in intelligence services, internet, news, privacy by sally

“It’s pretty hard to do anything these days without someone knowing what you’re up to. The minutiae of our lives can be pieced together by hundreds of different agencies tracking our health, spending habits, travel, requests for credit checks, presence at work, absence from work, arrival at the gym, our children’s education – the list is extensive. So why is it that the current proposals for government monitoring of email and web use are causing such a fuss?”

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Halsbury’s Law Exchange, 3rd April 2012

Source: www.halsburyslawexchange.co.uk

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Former soldier Aaron Wilkinson cleared of murder – BBC News

“A former soldier who was suffering from post-traumatic stress disorder when he shot and killed his landlady has been cleared of her murder.”

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BBC News, 3rd April 2012

Source: www.bbc.co.uk

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Wife and daughter given life sentence for murder – The Independent

Posted April 3rd, 2012 in murder, news, sentencing by sally

“A retired tax inspector has been jailed for life for murdering her husband who disappeared without trace 11 years ago.”

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The Independent, 3rd April 2012

Source: www.independent.co.uk

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5th Anniversary

Posted April 3rd, 2012 in news by sally

This week Current Awareness celebrates its 5th anniversary. Here are a few facts about the blog:

  • our first ever post in April 2007 was about legal aid
  • we now have a searchable archive of over 23,000 posts
  • all posts are indexed using a controlled vocabulary: there are now over 1,000 categories
  • over 4,000 people subscribe via email or RSS
  • the blog receives over 20,000 visits per month

Thank you for your support.

We welcome your comments smclaren@innertemple.org.uk

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Command Papers – official-documents.gov.uk

Posted April 3rd, 2012 in parliamentary papers by sally

Malware and cyber crime, Cm 8328 (PDF)

Source: www.official-documents.gov.uk

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Union pickets seek to quash 40-year-old convictions – The Guardian

Posted April 3rd, 2012 in affray, conspiracy, Criminal Cases Review Commission, news, trade unions by sally

“A group of trade union pickets who were jailed nearly 40 years ago in a famous case are seeking to have their convictions overturned on the grounds that the then Conservative government interfered with the judicial process.”

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The Guardian, 3rd April 2012

Source: www.guardian.co.uk

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Judgment over extradition case is victory for open justice – The Guardian

Posted April 3rd, 2012 in disclosure, documents, extradition, media, news by sally

“Three senior judges have issued a groundbreaking judgment that strengthens the media’s right to see documents used in criminal cases.”

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The Guardian, 3rd April 2012

Source: www.guardian.co.uk

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Real time communications monitoring legislation would need privacy safeguards to comply with EU laws, expert says – OUT-LAW.com

“New legislation that would enable a UK intelligence agency to monitor data from internet communications in real time without a warrant could be challenged at EU level unless other privacy safeguards limit the scope of that monitoring, an expert has said.”

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OUT-LAW.com, 3rd April 2012

Source: www.out-law.com

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Recent Statutory Instruments – legislation.gov.uk

Posted April 3rd, 2012 in legislation by sally

The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012

The Misuse of Drugs (Amendment No.2) (England, Wales and Scotland) Regulations 2012

The Licensing Act 2003 (Personal licences) (Amendment) Regulations 2012

The Companies Act 2006 (Amendment of Part 23) (Investment Companies) Regulations 2012

The National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2012

Source: www.legislation.gov.uk

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Theresa May defends email surveillance plans – The Guardian

“The home secretary has defended government plans to extend the powers of the security services to monitor the public’s email, telephone calls and social media communications against growing criticism, insisting they are vital to catch paedophiles, terrorists and other criminals.”

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The Guardian, 3rd April 2012

Source: www.guardian.co.uk

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Nuclear providers to be liable for up to €1.2bn damage, Government confirms – OUT-LAW.com

Posted April 3rd, 2012 in insurance, news, nuclear power, treaties by sally

“Nuclear operators are to be liable for damages amounting up to seven times the current limit in the event of a nuclear incident, the Government has confirmed.”

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OUT-LAW.com, 3rd April 2012

Source: www.out-law.com

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BAILII: Recent Decisions

Posted April 3rd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Bizimana, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 414 (02 April 2012)

R & R Plant (Peterborough) Ltd v Bailey [2012] EWCA Civ 410 (02 April 2012)

AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395 (02 April 2012)

Du Plessis v Fontgary Leisure Parks Ltd [2012] EWCA Civ 409 (02 April 2012)

Kazeminy v Siddiqi & Ors [2012] EWCA Civ 416 (02 April 2012)

Jet2.com Ltd v Blackpool Airport Ltd [2012] EWCA Civ 417 (02 April 2012)

Mitchell & Ors v United Co-Operatives Ltd [2012] EWCA Civ 348 (22 March 2012)

Lawrence v Gallagher [2012] EWCA Civ 394 (29 March 2012)

High Court (Administrative Court)

R (SDR) v Bristol City Council [2012] EWHC 859 (Admin) (02 April 2012)

High Court (Technology and Construction Court)

United Marine Aggregates Ltd v G.M.Welding & Engineering Ltd & Anor [2012] EWHC 779 (TCC) (02 April 2012)

Source: www.bailii.org

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Court of Protection update – Thirty Nine Essex Street

Posted April 3rd, 2012 in Court of Protection, news by sally

Court of Protection update (PDF)

Thirty Nine Essex Street, April 2012

Source: wwww.39essex.com

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There but for the grace of God? : a consideration of recent fatal road traffic cases – Zenith Chambers

“Since 18th August 2008 there has been an offence on the statute books which effectively criminalises what in many cases amount to little more than minor errors of judgement; this offence carries with it the prospect of the alleged offender being sent to prison for anything up to five years. Section 2B of the Road Traffic Act 1988 (inserted by the Road Safety Act 2006) introduced motorists to the offence of causing death by careless or inconsiderate driving. It was undoubtedly enacted because of increased public (and tabloid) disquiet about the previous alternative to the more serious offence of causing death by dangerous driving (s1 RTA 1988); this was, of course, the much less serious charge of careless and inconsiderate driving (s3 RTA 1988), which carried only a financial penalty and a discretionary disqualification from driving. Since the implementation of s2B RTA 1988, however, the prosecuting authorities have become increasingly keen to charge drivers with this offence; indeed, matters now appear to have reached the point where their default position seems to be that simply because a fatality arises from a road traffic collision, then a prosecution must follow, irrespective of where the fault for the collision lies. The exercise of any proper judgement as to whether it is in the public interest to pursue a prosecution in
many such cases seems to have completely evaporated.”

Full story (PDF)

Zenith Chambers, 27th March 2012

Source: www.zenithchambers.co.uk

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Regina v Newell – WLR Daily

Posted April 3rd, 2012 in admissibility, appeals, evidence, law reports by sally

Regina v Newell [2012] EWCA Crim 650; [2012] WLR (D) 105

“A statement made on a plea and case management hearing form by the defendant’s counsel, although admissible in principle as a matter of law, should not, in the exercise of the court’s discretion under section 78 of the Police and Criminal Evidence Act 1984 (‘PACE’), be admitted in evidence against the defendant at trial, provided that the case had been conducted in accordance with the letter and the spirit of the Criminal Procedure Rules 2011.”

WLR Daily, 30th March 2012

Source: www.iclr.co.uk

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Legal Services Board’s Role Must Now be Confined – Bar Council Responds to Triennial Review – The Bar Council

Posted April 3rd, 2012 in barristers, Legal Services Board, news by sally

“The Bar Council, which represents barristers in England and Wales, has responded to the Government’s Triennial Review of the Legal Services Board (LSB) and called for it to be actively discouraged by the Government from extending its remit beyond that envisaged by Parliament.”

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The Bar Council, 2nd April 2012

Source: www.barcouncil.org.uk

Related link: Full consultation response (PDF

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Bonfire of ‘dead wood statutes’ to claim 800 obsolete laws – Daily Telegraph

Posted April 3rd, 2012 in bills, legislation, news, repeals by sally

“A law passed in 1696 to raise funds for the rebuilding of St Paul’s Cathedral after the Great Fire of London is one of 800 obsolete Acts due to be wiped from the statute book this summer.”

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Daily Telegraph, 2nd April 2012

Source: www.telegraph.co.uk

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The New Practice Direction on Insolvency Proceedings (February 2012) – Hardwicke Chambers

Posted April 3rd, 2012 in insolvency, news, practice directions by sally

“On 23 February 2012, with surprisingly little fanfare, the Chancellor of the High Court issued a new Insolvency Practice Direction (PD 2012). PD 2012 came into force with immediate effect. It not only replaces the existing practice direction (PD 1999) but also ‘all previous Practice Directions, Practice Statements and Practice Notes’ relating to insolvency proceedings.”

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Hardwicke Chambers, 29th March 2012

Source: www.hardwicke.co.uk

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