Last 3 months headlines – Page 1707
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Are you being served?
Robert Hill looks at the new regime for service of documents as outlined in the changes to the Civil Procedure (Amendment) Rules 2008 The Civil Procedure (Amendment) Rules 2008 (S.I 2008 no 2178) come into force on 1 October. The most important change is to repeal ...
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A fraudster's charter?
Top judges are deeply concerned about plans to introduce 'plea negotiation' in fraud cases. A move to US-style ‘plea bargaining’ in fraud cases would undermine British justice, leading judges have told the government. The comments, from the Council of Circuit Judges, will ...
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At the whim of Westminster
A UK bill of rights is unlikely to come soon, but there is still hope for the future. It is a pity – if only for the future of the idea of a British bill of rights – that Labour’s electoral hopes look so dire. In ...
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South-west lawyers battle the credit crunch
A decade of benign growth has seen leading firms in south-west England attract national clients. It is getting tough on the high street, however. Polly Botsford reports. The outlook for the south-west can perhaps best be described as ‘bright sunshine, with a few dark clouds on ...
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Freedom of information
Requests to public authorities under the Freedom of Information Act 2000 (FoI) are becoming more challenging. Some authorities are even receiving requests about how they handle such requests.
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Family law
Civil procedure – Practice directions – Trial bundles – Sanctions for non-compliance – Identification of defaulters in open court Re X & Y (bundles): Fam Div (Mr Justice Munby): 22 August 2008
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Employment
Tax – Contracts of employment – Information technology – Provision of services through intermediary – IR35 Dragonfly Consultancy Ltd v Revenue & Customs Commissioners: Ch D (Mr Justice Henderson): 3 September 2008 ...
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Sentencing
Attempts – Kidnapping – Sentence length – Violent nature of offence R v Jason Matthew Eminson: CA (Crim Div) (Mr Justice Mitting, Mr Justice Tugendhat): 29 August 2008 The ...
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Legal profession
Negligence – Bankruptcy – Breach of contract – Causation – Conveyancing – Legal advice Sara Dayman (as trustee of the estate of Sandra Estelle Fielding, a former bankrupt) v Lawrence Graham (a firm): ChD (Judge Hodge QC): 28 August ...
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Criminal law
Environment – Unincorporated associations – Clubs – Criminal liability – Pollution R v (1) RL (2) JF: CA (Crim Div) (Lord Justice Hughes, Mr Justice David Clarke, Mr Justice Blair): 28 August 2008 ...
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To Hellespont and back
Leander did it for love; Byron for glory. Lucy Scott-Moncrieff, London mental health and human rights specialist, and Law Society Council member, did it for the Howard League for Penal Reform. Swam the Hellespont, of course: 4.5 kilometres from shore to shore. At a steady ...
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Chancery: proprietary estoppel
The proposition that ‘equitable estoppel is a flexible doctrine... but it is not a joker or wild card to be used whenever the court disapproves of the conduct of a litigant who seems to have the law on his side’ was the starting point for Lord Walker’s judgment in the ...
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Local government
Torts – Trespass – Access – Bridleways – Damages Field Common Ltd v Elmbridge Borough Council: Ch D (Mr Justice Warren): 27 August 2008. The court was required to assess ...
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Human rights
Civil Procedure – Disclosure – Inhuman or degrading treatment or punishment – Interrogation – National security R (on the application of Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs: DC (Lord Justice, Mr Justice Lloyd Jones): ...
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Family law
Civil procedure – McKenzie friends – Rights of audience – Appropiate circumstances to grant rights of audience Re N (a child) sub nom A v (1) G (2) N (by his rule 9.5 guardian): Re N (a child) sub ...
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Defamation
Libel – Malicious falsehood – Offer of amends Tesco Stores Ltd v (1) Guardian News and Media Ltd (2) Alan Rusbridger: QBD (Mr Justice Eady): 29 July 2008. The ...
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Sentencing
Antisocial behaviour – Kidnapping – Mitigation – Sentence length R v Peter Graham Oswald: CA (Crim Div) (Lord Justice Gage, Mr Justice Treacy, Mr Justice Bean): 22 August 2008. The ...
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States of play: how US firms are doing in London
‘New York firms are much more successful here than London law firms have been in New York.’ This was the controversial view espoused by Kenneth MacRitchie, managing partner of the London office of Shearman & Sterling (and a UK-qualified former Clifford Chance partner) earlier this year.
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Peter Williamson on Lord Ouseley's report
Lord Ouseley's report on BME solicitors has two overriding messages for the regulator. You may have seen media coverage of Lord Ouseley’s recent review of the disproportionately high presence of black and minority ethnic (BME) solicitors in the compliance procedures of the SRA. Some called the ...