Last 3 months headlines – Page 1703
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Discrimination: possession proceedings and landlords
The House of Lords decision in Lewisham LBC v Malcolm [2008] UKHL 43, concerning the effect of the Disability Discrimination Act 1995 on possession proceedings, will come as a great relief to landlords (see [2008] Gazette, 10 July, 23). Although the decision may be seen as wholly sensible in a ...
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Health and Safety
Accidents – Breach of statutory duty – Employers’ liability – Oil rigs – Scotland – Work equipment Spencer-Franks v Kellogg Brown & Root Ltd & Ors: HL (Lords Hoffmann, Rodger of Earlsferry, Carswell, Mance, Neuberger of Abbotsbury): 2 July 2008 ...
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Immigration
Education – Courses – Examinations – Extensions of time – Leave to remain – Students G Omerenma Obed & 7 Ors v Secretary of State for the Home Department: CA (Civ Div) (Lords Justice Sedley, Longmore, Moses): 1 July 2008 ...
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Civil procedure
Costs – Paper applications – Protective costs orders – Setting aside – Application of principles for making orders – Procedure in Court of Appeal R (on the application of Compton) v Wiltshire Primary Care Trust: CA (Civ Div) (Lords Justice Waller, Buxton, Smith): 1 July 2008 ...
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Early days for flexible working
Many firms have flexible working policies, but take-up remains relatively low. Is a decent work-life balance possible in the legal profession? There is often a time lag between policy and reality. Despite legislative changes and the fact that many firms now have work-life balance policies, ...
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Day In The Life
Solicitor Anthony Edwards tells Catherine Baksi why, after 36 years in practice, he still enjoys going to work Anthony Edwards is a solicitor-advocate and senior partner at East End of London crime and family firm TV Edwards, which recently merged with Finsbury firm Taylor Nichol. He ...
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Spurred on
Solicitors think nothing of traversing the world in the name of ‘charidee’ – hopping across the Sahara blindfolded with a small dry cracker for sustenance, that sort of thing. But one of the more fun-sounding activities was that undertaken by a team of six from Salisbury ...
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Long and short of it
The annual report of the Legal Services Complaints Commissioner has always been a slightly odd document in our view – for its length, if nothing else. You wonder why a 20-person organisation whose sole task is to oversee the Law Society’s complaints-handling activity has to ...
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Feeling flushed
We have all heard of the Seven Wonders of the World – the Colossus of Rhodes, the Hanging Gardens of Babylon etcetera, but Obiter has learned of a new addition to the monumental list – the Fertility Toilet of South Wales. It is to be found in the Crown Prosecution ...
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Destroying the knowledge base
The decline in the number of experienced duty solicitors is cause for great concern, despite what the LSC says Derek Hill, director of the Criminal Defence Service at the Legal Services Commission (LSC), puts ...
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Falconer fiction
It is worrying that Lord Falconer should believe that: ‘We are a country that plays by the rules’ (see [2008] Gazette, 26 June, 16). Many of us have long suspected that New Labour inhabits a different planet from the rest of the country and his comment tends to reinforce that ...
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Called to account
I read with despair that the Solicitors Regulation Authority (SRA), despite yet another consultation, has backed controversial proposals to allow non-solicitors to sign client account withdrawals without any Solicitors Accounts Rules (SAR) training (see [2008] Gazette, 3 July, 4). As an organisation, we responded to the consultation, strongly opposing the ...
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Court out again
‘Court calamities’ (see [2008] Gazette, 10 July, 13) – plus ça change... About six years ago, a recently retired Circuit Judge included the following in his judgment on an application for committal:
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ASBO appeal
I am studying the readability of anti-social behaviour orders (ASBOs), and my initial analysis suggests they may not always be well understood by those to whom they apply. My next step is to find out how well lawyers believe recipients understand ASBOs and how far they have to explain them ...
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Flexible working in the balance?
‘Work-life balance’ is a modish term born of a soft economy. When money and jobs are relatively easy to come by, professionals look for the additional benefits that will persuade them not to seek a cushier number elsewhere. Too cynical? Almost certainly. Yet we wonder ...
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Panic and rough justice
Government legislation relating to witness anonymity could seriously damage a defendant’s right to a fair trial Following the House of Lords judgment in the case of R v Davis, the government is rushing through legislation in relation to anonymous witnesses with indecent haste. There clearly is ...
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Data deal
City firm Macfarlanes and Guernsey’s Carey Olsen advised the PFB Data Centre Fund on a joint venture with e-Shelter, a German data centre developer and operator, to develop a campus of data centre buildings near High Wycombe, Buckinghamshire. It is projected to be the largest data centre in the UK ...
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AXA kicks off £60m ‘son of TAG’ litigation
Insurance giant AXA has begun legal proceedings against 78 law firms in an attempt to recover losses associated with after-the-event (ATE) insurance policies taken out on claims it believes were not properly vetted, the Gazette has learned. According to sources close to the parties involved, AXA ...