Last 3 months headlines – Page 1455
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Moniker sellers
Obiter was intrigued to learn this week about the latest initiative to stem from James Mather, the solicitor behind website expert-answers.co.uk. Mather’s new venture is change-name.co.uk, a service that enables clients to change what they are called for a ...
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Confessions of a divorce lawyer
Geoffrey Rutter’s comments on defended divorces remind me of the days when fashionable barristers could appear in lists of those about whom the readers of popular newspapers would like to read, writes James Morton. In 1935, barrister Norman Birkett appeared in 20th place, equal with the ...
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Girl power
The Law Society Art Group’s 51st exhibition concluded earlier this month with something of a victory for the ladies. The prize for most outstanding work went to Sandra Roche for her painting Flora and Red Pot (pictured), while Karen Corballis won best oil/acrylic, Jennifer Robinson best work on paper and ...
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Acting solicitors
Budding thespian solicitors, who have been waiting for a chance to prove it is not just barristers who can be star performers on their feet, may have their chance to shine this summer. The Tricycle Theatre in north London is again opening its doors to ...
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Family law
From the theatre to the small screen, and a chance to appear in a forthcoming television programme. TV producers Shed Media are looking for ‘families of lawyers’ to appear in a new ‘factual series’. Whether the new show will be a David Attenborough-style documentary about ...
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What price success? The ramifications of Campbell v MGN
Just as the post-Jackson consultation on abolishing the recoverability of success fees is hotting up, claimants, whose arguments for retention are based on access to justice, have been dealt a blow by the European Court of Human Rights (ECHR).
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The debate about employment tribunals and the rise in claims
Reforms to employment law and the employment tribunal system did not feature in the 2010 Conservative election manifesto. But there was a clear commitment to reducing regulation of small businesses. In recent weeks, it has become clear this commitment has translated into controversial plans for substantial reform to tribunal procedures.
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Accountancy
Autrefois acquit - Cause of action estoppel - Disciplinary procedures - Abuse of process R (on the application of Coke-Wallis) v Institute of Chartered Accountants in England and Wales: SC (Lords Phillips, Rodger, Collins, Clarke, Dyson): 19 January 2011 ...
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Competition law
Transport - Abuse of dominant position - Causation - Coal industry Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd: CA (Civ Div) (Lords Justice Jacob, Lloyd, Patten): 19 January 2011 ...
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Personal injury
Negligence – Hospitality and leisure – Breach of duty of care – Foreseeability Everett and Anor v Comojo (UK) Ltd (T/A the Metropolitan and Ors): CA (Civ Div) (Lords Justices Rix, Richards, Lady Justice Smith): 18 January 2011 ...
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Criminal procedure
Sentencing - Discharge of jury - Disclosure - Jury tampering R v (1) John Twomey (2) Peter Blake (3) Barry Hibberd (4) Glen Cameron: CA (Crim Div) (Lord Chief Justice Lord Judge, Mr Justice Rafferty, Mr Justice Roderick Evans): ...
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Environment
European Union – Local government – Planning – Conservation Morge v Hampshire County Council: SC (Lords Walker, Brown, Mance, Kerr, Lady Hale): 19 January 2011 The appellant objector (M) appealed ...
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Treatment of inherited assets upon divorce
Ever since the House of Lords decision in White v White [2000] UKHL 54, there has been an ongoing debate among family lawyers regarding the treatment of inherited assets upon divorce. As Lord Nicholls stated in White: ‘The judge should take it into account. He should decide how important it ...
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Decision time on ABSs
Next month, the Law Society council will have to make the most important decision in my presidential year, the outcome of which will have long-term implications for the profession. Council will have to decide whether to apply for the Solicitors Regulation Authority to be allowed to ...
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Libel tourist problem
Steven Heffer asserts that there is no evidence of a real problem of libel tourism. Here it is: in Akhmetov v Obozrevatel [2007], a Ukrainian oligarch sued in the English courts a Ukrainian website published in Ukrainian because it was accessed a few times in the UK.
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ProcureCos add insult to injury
I welcome Avtar Bhatoa’s assessment of the threat posed by the use of ProcureCos to obtain contracts from the Legal Services Commission. The Ministry of Justice proposals threaten the very existence of our firms.
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Embracing new business models
Avtar Bhatoa’s article is an interesting contribution to the debate about ProcureCos and their role in allowing the bar to bid directly for Legal Services Commission contracts (see [2011] Gazette, 27 January, 12). But his characterisation of the two sides of the legal profession as being at loggerheads is ...
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Counter-terrorism and punishment without trial
by Corinna Ferguson, legal officer at Liberty It was surely not unreasonable to expect that the coalition government’s counter-terror review would put the final nail in the coffin of control orders. This flawed system for dealing with suspected terrorists has suffered numerous defeats in the courts, ...
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Row erupts over police interpreters
Detainees at police stations in four areas of the north-west are at risk of miscarriages of justice due to the police forces’ use of inadequate interpreters, the Gazette has been told.