Current Awareness

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same – WLR Daily

Posted January 20th, 2009 in human rights, immigration, law reports by sally

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same [2009] EWCA Civ 5; [2009] WLR (D) 7

“If removal from, or refusal of admission to, the United Kingdom pursuant to lawful immigration controls were to be held a disproportionate interference with private or family life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms it would be necessary to show more than mere hardship, mere difficulty or mere obstacle: there was a seriousness test which required obstacles or difficulties to go beyond matters of choice or inconvenience.”

WLR Daily, 16th January 2009

Source: www.lawreports.co.uk

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

Criminal Justice and Immigration Act: possession of extreme pornographic images – Ministry of Justice

Posted January 20th, 2009 in circulars, pornography by sally

“A circular on the implementation of sections 63-67 and 71 of the Criminal Justice and Immigration Act on the possession of extreme pornographic images and the increase in the maximum sentence for offences under the Obscene Publications Act 1959.”

Full circular

Ministry of Justice, 19th January 2009

Source: www.justice.gov.uk

Charities angry at rape sentences – BBC News

Posted January 20th, 2009 in news, rape, sentencing by sally

“Disabled charities have condemned the sentences of three men who raped a girl and left her permanently disfigured by throwing caustic soda over her.”

Full story

BBC News, 20th January 2009

Source: www.bbc.co.uk

Black staff sacked by Refugee Council win discrimination case – The Independent

Posted January 20th, 2009 in compensation, news, race discrimination by sally

“The British Refugee Council has been ordered to pay one of its former employees £30,000 in compensation after a tribunal ruled that it was guilty of racial discrimination when it sacked the only two black people working at an immigration centre.”

Full story

The Independent, 20th January 2009

Source: www.independent.co.uk

People caught with cannabis after it is reclassified to escape fines after delay – Daily Telegraph

Posted January 20th, 2009 in drug offences, news by sally

“People caught smoking cannabis will escape £80 on-the-spot fines when the drug is reclassified next week.”

Full story

Daily Telegraph, 19th Janaury 2009

Source: www.telegraph.co.uk

Paedophile pair jailed for life – BBC News

Posted January 20th, 2009 in child abuse, news, sentencing, sexual offences by sally

“Two brothers from Kent who subjected young children to a catalogue of ‘grave’ sexual abuse over two decades have been jailed for life.”

Full story

BBC News, 19th January 2009

Source: www.bbc.co.uk

Delays to on-the-spot fine plans – BBC News

Posted January 20th, 2009 in fines, news, police by sally

“Plans to increase the number of offences punishable by on-the-spot fines have been delayed amid concerns voiced by magistrates.”

Full story

BBC News, 20th January 2009

Source: www.bbc.co.uk

Firm fined £140,000 over smells – BBC News

Posted January 19th, 2009 in environmental health, news, pollution by sally

“A firm whose Lincolnshire factory emitted smells which left residents feeling ill has been fined £140,000.”

Full story

BBC News, 19th January 2009

Source: www.bbc.co.uk

Man guilty of transsexual murder – BBC News

Posted January 19th, 2009 in murder, news by sally

“A roofer has been found guilty in the 11-year-old murder case of a transsexual prostitute in London.”

Full story

BBC News, 19th January 2009

Source: www.bbc.co.uk

Judge condemns ‘torrent’ of laws – BBC News

Posted January 19th, 2009 in legislation, news by sally

“Lord Phillips, formerly the UK’s most senior judge, has criticised the government for introducing a ‘ceaseless torrent of legislation.’ ”

Full story

BBC News, 19th January 2009

Source: www.bbc.co.uk

Diabetic man died after police mistook him for drink-driver, inquest hears – Daily Telegraph

Posted January 19th, 2009 in news, police, road traffic offences by sally

“A diabetic man died after being wrongly arrested for drink-driving when police mistook his symptoms for the effects of alcohol.”

Full story

Daily Telegraph, 19th January 2009

Source: www.telegraph.co.uk

Pensioner wins £28,000 payout after being left ill by drugs trial – Daily Telegraph

Posted January 19th, 2009 in compensation, medicines, news, personal injuries by sally

“A pensioner has won an £28,000 payout from a pharmaceutical company after being left seriously ill during a drugs trial.”

Full story

Daily Telegraph, 19th January 2009

Source: www.telegraph.co.uk

Trio jailed for gang rape and caustic soda attack on teenager – The Guardian

Posted January 19th, 2009 in news, rape, sentencing by sally

“Three men who filmed themselves gang-raping a 16-year-old girl before dousing her in caustic soda were today sentenced to between six and nine years in jail.”

Full story

The Guardian, 19th January 2009

Source: www.guardian.co.uk

Alternative therapy ‘crackdown’ – BBC News

Posted January 19th, 2009 in complementary medicine, news by sally

“The head of the UK’s first regulator for complementary medicine has promised to get tough with the industry and drive out cowboy therapists.”

Full story

BBC News, 19th January 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 19th, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Carrie v Tolkien [2009] EWHC 29 (QB) (15 January 2009)

Source: www.bailii.org

Silberquelle GmbH v Maselli-Strickmode GmbH – WLR Daily

Posted January 19th, 2009 in law reports, trade marks by sally

Silberquelle GmbH v Maselli-Strickmode GmbH (Case C-495/07); WLR(D) 6

“Where the proprietor of a trade mark affixed the mark to items that it gave free of charge to purchasers of its goods, it did not make genuine use of the mark so far as those items were concerned, for the purpose of, inter alia, art 12(1) of Directive 89/104.”

WLR Daily, 16th January 2009

Source: www.lawreports.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 – OPSI

Posted January 19th, 2009 in news by sally

The Wireless Telegraphy (Register) (Amendment) Regulations 2009

The Wireless Telegraphy (Limitation of Number of Grants of Crown Recognised Spectrum Access) Order 2009

The Wireless Telegraphy (Crown Recognised Spectrum Access) Regulations 2009

The Wireless Telegraphy (Recognised Spectrum Access and Licence) (Spectrum Trading) Regulations 2009

The Income Tax Act 2007 (Amendment) Order 2009

The General Chiropractic Council (Constitution of the Statutory Committees) Rules Order of Council 2009

The General Chiropractic Council (Registration of Chiropractors with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009

The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2008

Source: www.opsi.gov.uk

Corporate Plan 2009-2011 – Ministry of Justice

Posted January 19th, 2009 in Ministry of Justice, press releases by sally

“The Corporate Plan sets out our objectives and priorities for the next two years, and the way in which we will deliver them. Our plan demonstrates how the department will meet its purpose of creating a safe, just and democratic society.”

Full press release

Ministry of Justice, 19th January 2009

Source: www.justice.gov.uk

Government’s new bill shakes up the route to citizenship – UK Border Agency

Posted January 19th, 2009 in immigration, press releases by sally

“A bill to make newcomers to the UK earn the right to stay here, strengthen the border, and ensure we have a firm but fair immigration system was published in Parliament today.”

Full press release

UK Border Agency, 15th January 2009

Source: www.ukba.homeoffice.gov.uk