Current Awareness

“The best friend of a teenager whose body was discovered in a drain more than two decades ago will this week be sentenced for manslaughter after he contacted police and confessed to killing his friend.”

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The Guardian, 23rd January 2012

Source: www.guardian.co.uk

Developing equity – a view from the Court of Appeal – Speech by Lord Neuberger of Abbotsbury, Master of The Rolls

Posted January 24th, 2012 in equity, judges, speeches by sally

Developing equity – a view from the Court of Appeal (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of The Rolls

Chancery Bar Association Conference, 20th January 2012

Source: www.judiciary.gov.uk

Star Reefers Pool Inc v JFC Group Co Ltd – WLR Daily

Posted January 24th, 2012 in appeals, injunctions, jurisdiction, law reports, vexatious litigants by sally

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14; [2012] WLR (D) 3

“A judge’s decision that a party’s foreign proceedings were vexatious or oppressive was an evaluative judgment in a matter on which there was a right or wrong answer, not an exercise of discretion. Accordingly it was open to the Court of Appeal to conduct a serious review of the issue.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

Comedians can say ‘mong’ on TV, rules Ofcom – Daily Telegraph

Posted January 24th, 2012 in complaints, freedom of expression, media, news by sally

“Media regulator Ofcom has rejected three complaints about comedian Ricky Gervais’s use of the word ‘mong’ during his Channel 4 show Science.”

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Daily Telegraph, 23rd January 2012

Source: www.telegraph.co.uk

Clarke: mediation the future for separating families – Ministry of Justice

Posted January 24th, 2012 in arbitration, dispute resolution, divorce, families, news by sally

“Justice Secretary Ken Clarke has today (23 January) urged separating couples to consider mediation when they separate or divorce, instead of turning to the courts.”

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Ministry of Justice, 23rd January 2012

Source: www.justice.gov.uk

Drug guidelines suggest lighter sentences for ‘social dealers’ – The Guardian

Posted January 24th, 2012 in drug offences, drug trafficking, medicines, news, sentencing by sally

“Recreational drug users who naively buy small quantities to share with their friends could avoid jail under sentencing guidelines for drug offences published on Tuesday.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk

Objections to right-to-die plea – BBC News

Posted January 24th, 2012 in assisted suicide, defences, doctors, euthanasia, news by sally

“The court case of a severely disabled man seeking permission for a doctor to ‘lawfully’ end his life should not go ahead, the Ministry of Justice says.”

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BBC News, 23rd January 2012

Source: www.bbc.co.uk

Crimes of passion: R v Clinton – Halsbury’s Law Exchange

Posted January 24th, 2012 in defences, interpretation, murder, news, provocation by sally

“Contrary to press reports last week, there is no defence to murder in England and Wales that the killing was a crime of passion.”

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Halsbury’s Law Exchange, 23rd January 2012

Source: www.halsburyslawexchange.co.uk

Sentencing Council launches new definitive guideline for drug offences – Sentencing Council

Posted January 24th, 2012 in drug offences, drug trafficking, news, sentencing by sally

“Today, the Sentencing Council is publishing a new guideline for judges and magistrates on the sentencing of drug offences.”

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Sentencing Council, 24th January 2012

Source: http://sentencingcouncil.judiciary.gov.uk

Command Papers – official-documents.gov.uk

Posted January 23rd, 2012 in parliamentary papers by sally

Introducing a Statutory Register of Lobbyists: Consultation Paper, Cm 8233 (PDF)

Report to Parliament on the Application of Protocols 19 and 21 to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) (‘the Treaties’) in Relation to EU Justice and Home Affairs Matters (1 December 2010 – 30 November 2011), Cm 8265 (PDF)

Source: www.official-documents.gov.uk

‘Infidelity plus’ – the new defence against murder – The Guardian

Posted January 23rd, 2012 in defences, murder, news by sally

“A partner’s affair can no longer be treated by courts as a defensible reason to lose control and kill – but it can be a factor.”

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The Guardian, 23rd January 2012

Source: www.guardian.co.uk

ITV breached audience trust over ‘IRA’ video game footage, says Ofcom – The Guardian

Posted January 23rd, 2012 in complaints, media, news by sally

“Ofcom has reprimanded, ITV for misleading viewers and breaking the broadcasting code, after video game footage was mistakenly used in a documentary sequence purporting to show the IRA shooting down a helicopter with weapons supplied by Muammar Gaddafi.”

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The Guardian, 23rd January 2012

Source: www.guardian.co.uk

LSB issues warning notice to Bar Standards Board – Legal Services Board

Posted January 23rd, 2012 in barristers, news, professional conduct by sally

“Schedule 4 to the Legal Services Act 2007 (‘the Act’) provides that Approved Regulators must obtain approval from the Legal Services Board (LSB) to alter any of their Regulatory Arrangements. The LSB has issued a notice, referred to as a “warning notice” under Paragraph 21(1)(b) of Schedule 4 to the Act, in respect of the BSB’s application to alter its regulatory arrangements concerning aspects of the Cab Rank Rule. The notice has been given because the LSB is considering whether to refuse the application. The LSB may now invite advice from other parties and has a period of up to 18 months from Friday 20 January 2011 to reach a decision.”

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Legal Services Board, 23rd January 2012

Source: www.legalservicesboard.org.uk

BAILII: Recent Decisions

Posted January 23rd, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Clarke v R [2012] EWCA Crim 9 (20 January 2012)

Oliver, R. v [2011] EWCA Crim 3114 (21 December 2011)

Lawrence, R. v [2011] EWCA Crim 3129 (16 December 2011)

Court of Appeal (Civi Division)

Eastenders Cash & Carry Plc & Ors v HM Revenue & Customs [2012] EWCA Civ 15 (20 January 2012)

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14 (20 January 2012)

Charnock & Ors v Rowan & Ors [2012] EWCA Civ 2 (20 January 2012)

Secretary of State for the Home Department v SK (Sri Lanka) [2012] EWCA Civ 16 (19 January 2012)

Apimed Medical Honey Ltd v Brightwake Ltd (t/a Advancis Medical) [2012] EWCA Civ 5 (20 January 2012)

High Court (Chancery Division)

Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch) (20 January 2012)

High Court (Administrative Court)

Associated Newspapers Ltd, R (on the application of) v Rt Hon Lord Justice Leveson [2012] EWHC 57 (Admin) (20 January 2012)

Gresty & Anor, R (on the application of) v Knowsley Metropolitan Borough Council [2012] EWHC 39 (Admin) (19 January 2012)

High Court (Commercial Court)

Sealion Shipping Ltd & Anor v Valiant Insurance Company [2012] EWHC 50 (Comm) (20 January 2012)

Chantiers De L’atlantique SA v Gaztransport & Technigaz SAS [2011] EWHC 3383 (Comm) (20 December 2011)

Camerata Property Inc v Credit Suisse Securities (Europe) Ltd [2012] EWHC 7 (Comm) (20 January 2012)

High Court (Technology and Construction Court)

Shepherd Construction Ltd v Pinsent Masons LLP [2012] EWHC 43 (TCC) (19 January 2012)

Source: www.bailii.org

Transitional arrangements for Localism Act announced – OUT-LAW.com

Posted January 23rd, 2012 in legislative drafting, news, planning, referendums by sally

“Last minute transitional arrangements have been announced to facilitate a smooth transition for provisions in the Localism Act and to close a drafting loophole. The arrangements are set out in a Commencement Order, following the enactment of the Localism Act In November 2011.”

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OUT-LAW.com, 20th January 2012

Source: www.out-law.com

Regulator correctly determined editorial responsibility for on-demand video services, Ofcom rules – OUT-LAW.com

Posted January 23rd, 2012 in contracts, internet, media, news by sally

“Organisations that share control over the content of video-on-demand (VOD) programmes should write contracts that set out who has overall editorial responsibility for the material, Ofcom has said.”

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OUT-LAW.com, 23rd January 2012

Source: www.out-law.com