All Courts business articles – Page 148
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ProfileHigh Court litigation over baby’s death
Ellen Parry is acting for mother in claim against doctor on duty at after-hours GP clinic.
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FeatureProtection for unprotected databases
The owner of a database may be able to rely on broader rights if they have no IP rights.
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FeatureProbate: proprietary estoppel
What must a claimant show if a case of proprietary estoppel is to succeed?
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News‘Gratuitously rude’ judge reprimanded in CoA ruling
His Honour Judge Dodds was responsible for ‘unrestrained and immoderate language that had to be deplored’.
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Law ReportMental capacity
The defendant disputed the costs that related to the period when the claimant had been acting through a deputy appointed on her behalf.
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NewsMishcon defeats breach of duty claims
High Court exonerates City firm over money transferred on instructions of client.
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OpinionWhy SME clients are under threat
Court fees are just the latest blow to smaller businesses seeking to enforce their rights.
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FeatureRihanna and image rights
The singer’s recent win over Topshop isn’t necessarily good news for claimants; each case will be taken on its merits.
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NewsMunby bemoans ‘serial failures’ over interpreting
Sir James Munby orders Capita to pay £13k hearing costs after interpreter no-shows have ‘profound effect on proceedings’.
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FeatureCosts and care homes
Ambiguity over the ‘usual cost’ of fees to be paid to care service providers.
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NewsSociety mounts challenge to new court fees
Solicitors warn new charges will restrict justice to those who can afford it.
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NewsCoA overturns ‘fundamentally unfair’ care order
A care order for three children made less than three weeks after Liverpool City Council had applied for it has been overturned.
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NewsLate claimant’s bid to delay trial refused
But judge does allow claimant to serve witness statement as he did not want to ‘artificially tie its hands’.
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Law ReportNegligence
The claimant issued proceedings against Sotheby’s alleging negligence in its investigation of a painting, which is purported to be by Caravaggio.
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NewsSupreme Court rules family cannot sue police
Relatives of murder victim Joanna Michael lose attempt to sue two forces.
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NewsLegal services market failing to cut costs, says LCJ
Market created by the 2007 Legal Services Act should undergo an independent examination, Lord Thomas of Cwmgiedd tells MPs.
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FeatureCriminal defence: the defiant ones
Criminal defence specialists are hurting and career prospects are bleak. But many retain the appetite to fight for a viable future.
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NewsRihanna gets shirty
Robyn Rihanna Fenty, better known as the pop star Rihanna, won a legal action against retailer Topshop when the Court of Appeal ruled that the sale of a T-shirt with her image was an ‘act of passing off’.
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NewsLeveson cost-cutting review backs virtual courtrooms
Sir Brian Leveson’s review of efficiency in criminal proceedings contends that criminal courts are ‘lagging significantly’ behind the business world.