Current Awareness

“The Bar Council has developed a working group to consider whether it is desirable for clerks and chambers managers to be integrated more formally into the representative work of the Bar Council, and if it is desirable, how this should be implemented. We are therefore interested to learn more about chambers employees, particularly those with responsibility for chambers management, including clerks and practice managers.”

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The Bar Council, 16th March 2011

Source: www.barcouncil.org.uk

Open Justice Unbound? – Speech by Lord Neuberger of Abbotsbury

Posted March 17th, 2011 in drafting, human rights, injunctions, judgments, media, private hearings, speeches by sally

Open Justice Unbound? (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judicial Studies Board Annual Lecture, 16th March 2011

Source: www.judiciary.gov.uk

Judge considers costs for ACS Law – BBC News

Posted March 17th, 2011 in copyright, costs, internet, law firms, news by sally

“Controversial law firm ACS Law returned to court on Wednesday as the cases it brought against alleged file-sharers were officially closed.”

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BBC News, 16th March 2011

Source: www.bbc.co.uk

Family lawyers face up to challenges ahead – Law Society’s Gazette

Posted March 17th, 2011 in arbitration, consultations, divorce, families, fees, law reports, legal aid, legal profession by sally

“Family law is facing an unprecedented year of change, with practitioners under intense pressure to be innovative if they want to maintain the viability of their practices. Some family law departments are already downsizing, or are being closed, as experienced practitioners move firms or set up their own niche practices. However, others are embracing change and are among their firms’ top teams in terms of fee income and profitability.”

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Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

Borger v Tiroler Gebietskrankenkasse – WLR Daily

Posted March 17th, 2011 in benefits, domicile, EC law, employment, law reports, maternity leave by sally

Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89

“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) – WLR Daily

Posted March 17th, 2011 in contracts, EC law, law reports, public procurement, service by sally

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09); [2011] WLR (D) 88

“A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service concession’ within the meaning of article 1(4) of Parliament and Council Directive 2004/18/EC, as distinct from a public contract or public service contract within article 1(2)(a)(d).”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold – WLR Daily

Posted March 17th, 2011 in EC law, food, law reports, sale of goods, VAT by sally

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold (Joined Cases C‑497/09, C‑499/09, C‑501/09 and C‑502/09); [2011] WLR (D) 87

“The supply of food or meals freshly prepared for immediate consumption from snack stalls or mobile snack bars or in cinema foyers was a supply of goods within the meaning of article 5 of Council Directive 77/388/EEC, as amended by Council Directive 92/111/EEC, if a qualitative examination of the entire transaction showed that the elements of supply of services preceding and accompanying the supply of the food were not predominant.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Government unveils new immigration rules – Law Society’s Gazette

Posted March 17th, 2011 in immigration, news, visas by sally

“The government unveiled new immigration rules today that will give wealthy entrepreneurs a ‘fast-track’ route to settling in the UK.”

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Law Society’s Gazette, 16th March 2011

Source: www.lawgazette.co.uk

Adult and juvenile reoffending statistics 2009 – Ministry of Justice

Posted March 17th, 2011 in Ministry of Justice, news, recidivists, statistics, young offenders by sally

“Adult and juvenile reoffending statistics for 2009 were published by the Ministry of Justice today, showing a fall in re-offending by adults and juveniles.”

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Ministry of Justice, 17th March 2011

Source: www.justice.gov.uk

EU to force social network sites to enhance privacy – The Guardian

Posted March 17th, 2011 in EC law, internet, news, privacy by sally

“‘Right to be forgotten’ would ensure users of Facebook and other sites could completely erase personal data.”

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The Guardian, 16th March 2011

Source: www.guardian.co.uk

Public interest defence against libel proposed, but campaigners call for more radical action – OUT-LAW.com

Posted March 17th, 2011 in bills, defamation, defences, news, public interest by sally

“Journalists will be able to rely on the defence that they published responsibly and in the public interest in defamation cases, according to reforms proposed by the Government. A defence of ‘honest opinion’ will replace that of ‘fair comment’.”

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OUT-LAW.com, 16th March 2011

Source: www.out-law.com

Tchenguiz brothers can sue Iceland’s Kaupthing Bank – BBC News

Posted March 17th, 2011 in banking, damages, news, striking out by sally

“A High Court judge has ruled that the Tchenguiz brothers can sue Kaupthing Bank for £1bn ($1.6bn) damages.”

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BBC News, 16th March 2011

Source: www.bbc.co.uk

Merger of Competition Commission and OFT meets with muted response – The Lawyer

Posted March 17th, 2011 in competition, consultations, consumer protection, mergers, news, quangos by sally

“Competition lawyers have offered a lukewarm response to Government proposals to streamline and improve the UK’s competition regime.”

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The Lawyer, 16th March 2011

Source: www.thelawyer.com

Assault definitive guideline – Sentencing Council

Posted March 17th, 2011 in assault, consultations, news, reports, sentencing by sally

“Following a 12 week consultation the Sentencing Council is publishing its new definitive guideline on assault offences, which has been issued in accordance with section 120 (4) of the Coroners and Justice Act 2009.”

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Sentencing Council, 16th March 2011

Source: www.sentencingcouncil.org.uk

Woman used as ‘slave’ wins case against former hospital director – The Guardian

Posted March 17th, 2011 in compensation, costs, news, suspended sentences, trafficking in human beings by sally

“A former hospital director has been convicted of trafficking a woman from Tanzania to Britain and using her as a ‘slave’, in the first case of its kind to come before a court.”

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The Guardian, 17th March 2011

Source: www.guardian.co.uk