Current Awareness

There will be no posts during the Inner Temple Library’s Christmas closed period which starts on 21st December. We will resume posting on 3rd January 2008.

See you in the new year!

“A former Barbican house manager who said she was refused flexible working time stands to receive a six-figure payout after winning her claims for sex discrimination and unfair dismissal.”

Full story

The Guardian, 21st December 2007

Source: www.guardian.co.uk

Dickson and Another v United Kingdom (Application No 44362/04)

European Court of Human Rights

“While the state had a duty to ensure the protection of children, it was disproportionate for it to prevent the conception of a child by a life-term prisoner and his wife through artificial insemination.”

The Times, 21st December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

M v Warwickshire County Council

Court of Appeal

“On an application for leave to revoke a placement order based on a change of circumstances, a discretion arose in which the welfare of the child and the prospect of success should both be weighed and the former was not necessarily paramount.”

The Times, 21st December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Szklanny) v Westminster City Magistrates Court

Queen’s Bench Divisional Court

“While the discretion conferred on a court to extend time for extradition was in broad terms, there was an obligation to interpret national law, so far as possible, in the light of the wording and purpose of the European Council Framework Decision on the European arrest warrant and surrender proceedings between member states (2002/584/JHA; OJ July 18, 2002 No L190/1).”

The Times, 21st December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

“Measures to give the public confidence when tackling criminals were published today. The reforms are designed to clarify and reinforce the law, articulating the state’s responsibility to stand by those acting in good faith when using force in self defence.”

Full press release

Ministry of Justice, 19th December 2007

Source: www.justice.gov.uk

“The government has rejected a plan to let women boost their state pensions by buying up to nine years’ worth of extra National Insurance (NI) contributions.”

Full story 

BBC News, 20th December 2007

Source: www.bbc.co.uk

“A man has been jailed for blocking the path of an ambulance carrying a dying heart attack victim to hospital.”

Full story

BBC News, 20th December 2007

Source: www.bbc.co.uk

“Children as young as eight are being issued gun licences by the police, figures showed yesterday. Forces granted 1,291 shotgun certificates to those aged 16 and under in England and Wales during the 12 months to October.”

Full story

Daily Telegraph, 21st December 2007

Source: www.telegraph.co.uk

“Thousands of foreign drug dealers, sex offenders and burglars will be allowed to stay in Britain every year despite Gordon Brown’s pledge to deport them.”

Full story

Daily Telegraph, 21st December 2007

Source: www.telegraph.co.uk

“Channel 4 was fined £1.5 million by the broadcasting watchdog Ofcom after it emerged that executives knew that viewers were entering phone-in competitions they could not win.”

Full story

The Times, 21st December 2007

Source: www.timesonline.co.uk

“An art exhibition that has become a pawn in the diplomatic game between London and the Kremlin could go ahead after the British Government agreed to fast-track legislation to appease Moscow.”

Full story

The Times, 21st December 2007

Source: www.timesonline.co.uk

“A Sri Lankan guerrilla leader living in London is being investigated for possible war crimes charges, The Times has learnt.”

Full story

The Times, 21st December 2007

Source: www.timesonline.co.uk

“One of the front-runners for the top job in British policing threatened High Court action in pursuit of a pension payment in addition to his six-figure chief constable’s salary, The Times has learnt.”

Full story

The Times, 21st December 2007

Source: www.timesonline.co.uk

“A woman who tried to smother her terminally ill father in a ‘mercy killing’ was spared jail yesterday, to the anger of her sisters, who wanted her imprisoned.”

Full story

The Times, 21st December 2007

Source: www.timesonline.co.uk

“Two of the three British residents who returned from Guantanamo Bay yesterday have been arrested in London over Spanish extradition warrants on terrorism-related charges today, while the third was released without charge.”

Full story

The Times, 20th December 2007
Source: www.timesonline.co.uk

“Expert witnesses are on trial — again. This time their role has been put under the spotlight by two jurors who broke cover to speak out and question the conviction of a childminder for killing an 11-month-old baby in her care.”

Full story

The Times, 20th December 2007

Source: www.timesonline.co.uk

“A Northern Ireland man has been cleared of the murders of 29 people who died in the Omagh bomb attack in 1998.”

Full story

BBC News, 20th December 2007

Source: www.bbc.co.uk

“The lawyer for three British residents arrested hours after returning to the UK from the US Guantanamo Bay detention centre today condemned the Government for ‘lying’ about their release.”

Full story

The Independent, 20th December 2007

Source: www.independent.co.uk

“Commons Leader Harriet Harman has told the BBC she wants the law to be changed to make it illegal to pay for sex.”

Full story

BBC News, 20th December 2007

Source: www.bbc.co.uk

R (Al-Jedda) v. Secretary of State for Defence

R v. Ministry of Defence & Anr

Duffy v. Crown Prosecution Service

Saber v. Home Secretary

R (Low) v. General Osteopathic Council

R (Harris) v. Home Secretary

Daily Telegraph, 20th December 2007

Source: www.telegraph.co.uk

“A consultation on the government’s strategy for developing the fees system in the civil and family courts of England and Wales. The consultation sets out proposals to:

• make changes to court fees in relation to Public Law Children Act process
• make changes to fees charged for Adoption proceedings.”

Public Law Family Fees Consultation Paper (PDF)

Questionnaire (Word)

Ministry of Justice, 19th December 2007

Source: www.justice.gov.uk

Regina v Winter

Court of Appeal (Criminal Division)

“A person who solicited another to commit murder as a secondary, as opposed to principal party was none the less guilty of the offence of soliciting another to murder.”

The Times, 20th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Law Society of England and Wales and Others v Shah and Others

Chancery Division

“Where a third party was not able to pursue a debt claim directly against a bankrupt due to the fact that the bankruptcy had been discharged, thereby extinguishing the claim, the third party could none the less pursue the claim against the bankrupt’s insurers once the third party had obtained a decision admitting the claim in bankruptcy.”

The Times, 20th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

“A Briton who has spent 20 years on death row in an American prison will be freed today, his lawyer said yesterday.”

Full story

The Times, 20th December 2007

Source: www.timesonline.co.uk

“The Attorney-General is to look into the case in which two jurors have questioned the conviction of a childminder for killing a baby in her care.”

Full story

The Times, 20th December 2007

Source: www.timesonline.co.uk

The Mobile Homes Act 1983 (Amendment of Schedule 1) (Wales) Order 2007

The Recovery of Duties and Taxes Etc. Due in Other Member States (Corresponding UK Claims, Procedure and Supplementary) (Amendment) Regulations 2007

The Income Tax Act 2007 (Amendment) (No. 3) Order 2007

The European Communities (Designation) (No. 5) Order 2007

The Parliamentary Commissioner Order 2007

The Public Records (Technology Strategy Board) Order 2007

The Fire and Rescue Services (Appointment of Inspector) Order 2007

The Air Navigation (Amendment) (No. 2) Order 2007

Source: www.opsi.gov.uk

“Three men released from Guantánamo Bay after five years yesterday were being held by British police last night, even though, according to counter-terrorism sources, they are unlikely to face criminal charges in the UK.”

Full story

The Guardian, 20th December 2007

Source: www.guardian.co.uk

High Court (Administrative Court)

Zoolife International Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs [2007] EWHC 2995 (Admin) (17 December 2007)

Jaso & Ors v Central Criminal Court No.2 Madrid [2007] EWHC 2983 (Admin) (14 December 2007)

Haw & Anor v City of Westminster Magistrates’ Court [2007] EWHC 2960 (Admin) (12 December 2007)

High Court (Chancery Division)

Musawi v RE International (UK) Ltd & Ors [2007] EWHC 2981 (Ch) (14 December 2007)

Stockler Charity (a firm) v Revenue and Customs [2007] EWHC 2967 (Ch) (13 December 2007)

Hawkes v Cuddy & Ors [2007] EWHC 2999 (Ch) (13 December 2007)

High Court (Queen’s Bench Division)

Pierce v Doncaster Metropolitan Borough Council [2007] EWHC 2968 (QB) (13 December 2007)

Source: www.bailii.org

“The self-defence laws are to be tightened to give people more confidence if they tackle criminals, the government has said.”

Full story

BBC News, 19th December 2007

Source: www.bbc.co.uk

“A police officer who admitted spying on a female colleague after he made a peephole into an Essex police station’s gym has received a suspended jail term.”

Full story

BBC News, 19th December 2007

Source: www.bbc.co.uk

“A man has been jailed for four years for a sex attack on a single mother who killed herself after seeing footage of the attack on a mobile phone.”

Full story

BBC News, 19th December 2007

Source: www.bbc.co.uk

“A 15-year-old Iraqi asylum seeker deported to Austria is to be returned to the UK after a high court judge condemned the Home Office’s ‘total lack of humanitarianism’ in the case. He arrived unaccompanied in Britain a year ago, and was said by his carer to have been terrified when Border and Immigration Agency officials arrived without warning at his home in south-west London at 4am to arrest him last month.”

Full story

The Guardian, 20th December 2007

Source: www.guardian.co.uk

“Two restraint techniques used on children in custody have been suspended by ministers after medical concern. The so-called nose distraction, involving a painful upward chop against the septum, and the ‘double basket’, whereby the arms are crossed and held behind the back, are banned while their safety is checked.”

Full story

The Guardian, 20th December 2007

Source: www.guardian.co.uk

“She has married four different millionaires and was described by her last husband as a ‘career divorcee’. Yesterday Susan Crossley appealed for more time to put her case for the right to a share of her last husband’s £45m declared fortune.”

Full story

The Guardian, 20th December 2007

Source: www.guardian.co.uk

“Thousands of failed asylum-seekers face forced removal to the volatile Democratic Republic of Congo, where they say they face rape, torture and even death, after a landmark immigration ruling.”

Full story

The Independent, 20th December 2007
Source: www.independent.co.uk

People who use mobile phones while driving could face up to two years in prison, under new guidelines being published today by prosecutors.

Full story

The Independent, 20th December 2007

Source: www.independent.co.uk

“Three British businessmen were charged with cartel offences by the Office of Fair Trading (OFT) last night after they were allowed by US authorities to return to the UK.”

Full story

The Times, 19th December 2007

Source: www.timesonline.co.uk

“The latest rape allegation to attract intense publicity has raised again the question of whether accused men should be granted the same anonymity as their accuser, until convicted.”

Full story

The Times,  20th December 2007

Source: www.timesonline.co.uk

“The Ministry of Defence has obtained a gagging order preventing the media from repeating allegations of abuse of Iraqis by British soldiers. A high court order bans newspapers and broadcasters from publishing details of the case reported in the Guardian two months ago.”

Full story

The Guardian, 19th December 2007

Source: www.guardian.co.uk

The Value Added Tax (Reduced Rate) (No. 2) Order 2007

The Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) (No. 2) Regulations 2007

The Taxation of Insurance Securitisation Companies Regulations 2007

The Income Tax (Indexation) (No. 2) Order 2007

The Energy Act 2004 (Designation of Publicly Owned Companies) Order 2007

The Maryport Harbour Revision Order 2007

The Criminal Justice Act 2003 (Commencement No. 18 and Transitional Provisions) Order 2007

The Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 2007

The Contaminants in Food (Wales) (Amendment) Regulations 2007

The Plant Health (Wales) (Amendment) (No. 2) Order 2007

The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007

The Overseas Life Insurance Companies (Amendment No. 2) Regulations 2007

The Insurance Companies (Overseas Life Assurance Business) (Excluded Business) (Amendment No. 2) Regulations 2007

The Education (Provision of Information About Young Children) (England) (Amendment) Regulations 2007

The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment No. 2) Regulations 2007

The Insurance Companies (Taxation of Reinsurance Business) (Corporation Tax Acts) (Amendment) Order 2007

The Taxation of Securitisation Companies (Amendment No.2) Regulations 2007

The Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007

The Taxation of Securitisation Companies (Amendment) Regulations 2007

The Securitisation Companies (Application of Section 83(1) of the Finance Act 2005: Accounting Standards) Regulations 2007

The Electricity and Gas (Carbon Emissions Reduction) Order 2008

Source: www.opsi.gov.uk

Court of Appeal (Civil Division)

Neath Port Talbot County Borough Council v Ware [2007] EWCA Civ 1359 (18 December 2007)

Pajaziti & Anor, R (on the application of) v London Borough of Lewisham [2007] EWCA Civ 1351 (18 December 2007)

Nelson v Greening & Sykes (Builders) Ltd [2007] EWCA Civ 1358 (18 December 2007)

Hall & Ors v Stone [2007] EWCA Civ 1354 (18 December 2007)

Von Essen Hotels 5 Ltd v Vaughan & Anor [2007] EWCA Civ 1349 (17 December 2007)

Collier v P & M J Wright (Holdings) Ltd [2007] EWCA Civ 1329 (14 December 2007)

Rudi, R (on the application of) v Secretary of State for the Home Department [2007] EWCA Civ 1326 (14 December 2007)

Mote v (Secretary of State for Work and Pensions & Anor [2007] EWCA Civ 1324 (14 December 2007)

Entry Clearance Officer, Mumbai v NH (India) [2007] EWCA Civ 1330 (13 December 2007)

Clear Channel UK Ltd, R (on the application of) v London Borough of Southwark [2007] EWCA Civ 1328 (13 December 2007)

Northgate HR Ltd v Mercy [2007] EWCA Civ 1304 (13 December 2007)

Dorning v Personal Representative of Paul Rigby (Deceased) [2007] EWCA Civ 1315 (13 December 2007)

Secretary of State for Work & Pensions v Balding [2007] EWCA Civ 1327 (13 December 2007)

Khudados v Hayden & Ors [2007] EWCA Civ 1316 (13 December 2007)

D v D & Anor [2007] EWCA Civ 1277 (12 December 2007)

Dostenko v City of Westminster [2007] EWCA Civ 1325 (12 December 2007)

Smith (On Behalf of the Gypsy Council) v Buckland [2007] EWCA Civ 1318 (12 December 2007)

Accent Peerless Ltd v Kingsdon & Anor [2007] EWCA Civ 1314 (12 December 2007)

Court of Appeal (Criminal Division)

Hamadi, R. v [2007] EWCA Crim 3048 (18 December 2007)

Lowe v R [2007] EWCA Crim 3047 (14 December 2007)

Source: www.bailii.org

Pitts and Others v Jones

“In distinguishing oral promises as either guarantees or indemnities under the Statute of Frauds 1677, the classic criterion relying on interest in the transaction was not to be taken literally; not every interest in the transaction took the promise out of the statute.”

The Times, 19th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Kitfix Swallow Group Ltd v Great Gizmos Ltd

“Where English trademark proceedings, in which there was a counterclaim for revocation, were running concurrently with validity proceedings in the Office for the Harmonisation in the Internal Market, there was no presumption that the English proceedings would be stayed.”

The Times, 19th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

“The Money Laundering Regulations came into force in December 2007. New Guidance has been issued by the Bar Council.”

Full story

The Bar Council, 18th December 2007
Source: www.barcouncil.org.uk