Last 3 months headlines – Page 1740
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News
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 ...
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Triple action
Olympic medallists past and present, the ‘I can run faster than you’ marathon runner challenge and young England footballers have all figured in Obiter over recent weeks. But for some, one sport is not enough when you can do three at once (well, sort of).
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Fighting chance
‘Grasshopper, when you can take the pebble from my hand, it is time to set up practice in Beverly Hills.’ We suspect this isn’t the exact advice that London firm Solutions in Law received from its client Sir Brian Sterling, a broadcaster and martial arts champion, but you get the ...
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Enter the dragon
Sixteen members of Staffordshire firm Ansons got soaked for a good cause, paddling a 40-foot dragon boat in the annual challenge at Chasewater Country Park, Lichfield. No, they didn’t capsize, but torrential rain and paddle-splashes provided the next best thing. For the second year running, trainee Clare Smith had the ...
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Sky Walkers
Dedication, as we all know, is what you need if you want to be a record-breaker. And so a team of lawyers from broadcaster Sky determined they would set the world record for the – wait for it – longest three-legged walk in 24 hours. Like you do. ...
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Revisiting the issue of pay
The Public Guardian has failed to address a catastrophic decline in the income of Court of Protection visitors. All practitioners involved in Court of Protection work will warmly welcome new Public Guardian Martin John’s initiative in reviewing serious problems arising from the new lasting power of ...
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Standards sliding on good grammar
I was interested to read the article by Martin Cutts concerning the increasing number of errors, both grammatical and semantic, appearing in letters and other legal documents (see [2008] Gazette, 4 September, 8).
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Registry fraud: we told you so
I read with interest and some despair your item ‘Registry fraud payouts soar’ (see [2008] Gazette, 4 September, 3). Some years ago, when it was proposed that land/charge certificates were to be abandoned with the move to e-conveyancing, I attended a seminar at the York District Land Registry. All the ...
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'Partial account' of constitutional bill
James Dean’s article ‘Call to divide AG’s dual role’ (see [2008] Gazette,, 7 August, 4) unfortunately gave only a very partial account of a substantial piece of work by the Joint Committee on the Draft Constitutional Renewal Bill, which I chaired. In fairness to your readers, I would like to ...