Current Awareness

Skandinaviska Enskilda Banken AB Momsgrupp v Skatteverket – WLR Daily

Posted March 25th, 2011 in EC law, guarantees, law reports, VAT by sally

Skandinaviska Enskilda Banken AB Momsgrupp v Skatteverket (Case C-540/09); [2011] WLR (D) 103

“The exemption from VAT laid down in article 13B(d)(5) of Sixth Council Directive 77/388/EEC applied to services supplied by a credit institution, for consideration, in the form of an underwriting guarantee to a company wishing to issue shares, where under that guarantee the credit institution undertook to acquire any shares which were not subscribed within the period for share subscription.”

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.

Telefónica Móviles España SA v Administración del Estado, Secretaría de Estado de Telecomunicaciones – WLR Daily

Posted March 25th, 2011 in competition, EC law, fees, law reports, telecommunications by sally

Telefónica Móviles España SA v Administración del Estado, Secretaría de Estado de Telecomunicaciones (Case C-85/10); [2011] WLR (D) 102

“National legislation that provided for a fee to be levied on operators of telecommunications services holding individual licences for the use of radio frequencies, but which did not allocate a specific use to the income derived from that fee, and which significantly increased the fee for a particular technology, was not precluded by article 11(2) of Directive 97/13/EC.”

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.

Republic of Latvia (supported by Republic of Lithuania and Slovak Republic intervening) v European Commission (supported by United Kingdom intervening) – WLR Daily

Posted March 25th, 2011 in EC law, emissions trading, environmental protection, law reports, quotas, time limits by sally

Republic of Latvia (supported by Republic of Lithuania and Slovak Republic intervening) v European Commission (supported by United Kingdom intervening) (Case T-369/07); [2011] WLR (D) 101

“The three-month time limit under article 9(3) of Directive 2003/87/EC during which the Commission might reject a member state’s plan stating the total quantity of greenhouse gas emission allowance that it intended to allocate, started to run from the initial notification and subsequent notifications of different versions of the plan, so that each notification triggered a new three-month time-limit.”

WLR Daily, 22nd 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.

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] – WLR Daily

Posted March 25th, 2011 in damages, deportation, detention, false imprisonment, law reports by sally

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] [2011] UKSC 12;; [2011] WLR (D) 100

“The unlawful exercise by the Secretary of State of the power to detain foreign national prisoners gave rise to a private law action for the tort of false imprisonment without the need for proof of damage on the part of the prisoners, even though it could be demonstrated that they could and would still have been detained if the power had been lawfully exercised. However, in those circumstances the prisoners had suffered no loss or damage and were entitled to no more than nominal damages.”

WLR Daily, 23rd 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.

Recent Statutory Instruments – legislation.gov.uk

Posted March 25th, 2011 in legislation by sally

The Hereford Hospitals National Health Service Trust (Establishment) Amendment Order 2011

The Eastern and Coastal Kent Community Health National Health Service Trust (Establishment) Amendment Order 2011

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional and Saving Provisions) Order 2010 (Amendment) Order 2011

The Animal By-Products (Enforcement) (England) Regulations 2011

The Referendum on the Voting System (Welsh Forms) Order 2011

The Equality Act 2010 Codes of Practice (Services, Public Functions and Associations, Employment, and Equal Pay) Order 2011

Source: www.legislation.gov.uk

High Court overturns Solicitors Disciplinary Tribunal fines – Law Society’s Gazette

Posted March 25th, 2011 in disciplinary procedures, fines, news, solicitors by sally

“The High Court last week criticised the Solicitors Disciplinary Tribunal (SDT) for the lack of published guidance on the sanctions it can impose, as it overturned fines levied on four partners at a Merseyside firm.”

Full story

Law Society’s Gazette, 24th March 2011

Source: www.lawgazette.co.uk

Sheffield wedding party sentenced – UK Border Agency

Posted March 25th, 2011 in fraud, immigration, marriage, possession of false identity documents, press releases, sentencing by sally

“A wedding party arrested in Sheffield city centre last September as part of a nationwide crackdown have been jailed.”

Full press release

UK Border Agency, 22nd April 2011

Source: www.ukba.homeoffice.gov.uk

Lily Allen wins damages over Mail Online article – The Guardian

Posted March 25th, 2011 in copyright, damages, internet, news, privacy by sally

“Lily Allen has won damages from Associated Newspapers in a privacy and copyright action relating to pictures of her home published by Mail Online.”

Full story

The Guardian, 23rd March 2011

Source: www.guardian.co.uk

Lorry driver jailed for A1 workman’s death – BBC News

Posted March 25th, 2011 in dangerous driving, homicide, news, sentencing by sally

“A lorry driver who killed a workman has been jailed for causing death by dangerous driving.”

Full story

BBC News, 23rd March 2011

Source: www.bbc.co.uk

Life sentence for Evesham river plunge father – BBC News

Posted March 25th, 2011 in murder, news, sentencing by sally

“A man who murdered his five-year-old daughter by driving a car into a river has been jailed for life.”

Full story

BBC News, 22nd March 2011

Source: www.bbc.co.uk

Chris Huhne faces legal challenge over nuclear link to cancer in children – The Guardian

Posted March 25th, 2011 in EC law, health & safety, judicial review, news, nuclear power by sally

“The government has ordered an expansion of the UK’s nuclear programme without properly factoring in evidence that nuclear power stations cause an increase in cancer cases in children living nearby, according to a legal challenge in the high court.”

Full story

The Guardian, 25th March 2011

Source: www.guardian.co.uk

Expenses bill to soar as MPs force watchdog to relax rules – Daily Telegraph

Posted March 25th, 2011 in expenses, Independent Parliamentary Standards Authority, news, parliament by sally

“MPs will be able to claim millions of pounds more in expenses under reforms to the system to be announced today.”

Full story

Daily Telegraph, 25th March 2011

Source: www.telegraph.co.uk

Man jailed for 1987 rape and kidnap of Slough teenager – BBC News

Posted March 25th, 2011 in kidnapping, news, rape, sentencing by sally

“A man who kidnapped and raped a 17-year-old girl almost 24 years ago has been jailed for life.”

Full story

BBC News, 22nd March 2011

Source: www.bbb.co.uk

Appeal Court frees man jailed for Northampton rape – BBC News

Posted March 25th, 2011 in appeals, news, rape by sally

“A man jailed for seven years for raping a Northampton woman had been freed after the Court of Appeal ruled his conviction was unsafe.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

Legislation titles – what’s in a name? – The Guardian

Posted March 24th, 2011 in bills, legislation, legislative drafting, news by sally

“The protection of freedoms bill shows it is not always easy to ensure a bill’s ‘short title’ accurately summarises its contents.”

Full story

The Guardian, 24th March 2011

Source: www.guardian.co.uk

‘Night Stalker’ guilty of rape terror – The Independent

Posted March 24th, 2011 in burglary, news, rape, sexual offences by sally

“Night Stalker Delroy Grant was convicted today of being one of the most prolific and depraved sex attackers in British history.”

Full story

The Independent, 24th March 2011

Source: www.independent.co.uk

Woman pays £1 for MRSA legal claim against hospital – BBC News

Posted March 24th, 2011 in hospitals, negligence, news, precedent by sally

“A woman seeking compensation from a Norfolk hospital after taking over an MRSA sufferer’s damages claim could set a legal precedent, a court has heard.”

Full story

BBC News, 24th March 2011

Source: www.bbc.co.uk

Phone hacking: Met and DPP clash over legal advice on stolen voicemails – The Guardian

Posted March 24th, 2011 in Crown Prosecution Service, interception, news, parliament, police, statutory interpretation, telecommunications by sally

“The phone-hacking scandal has spilled over into an extraordinary public clash between the Metropolitan police and the director of public prosecutions, with each side implying the other has misled parliament.”

Full story

The Guardian, 24th March 2011

Source: www.guardian.co.uk

Android devices

Posted March 24th, 2011 in news by sally

We recently posted information for iPhone users on how to add the Current Awareness blog as a shortcut on your home screen. We have now put together instructions for Android devices. For more information click here.