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All Law Report articles – Page 3
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Law ReportEvidence: Admissibility
Judge should take into account a statement suspected to be obtained by torture when assessing reliability of a statement as evidence.
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Law ReportReflective loss
Appeal succeeds against finding that sums company sought to recover fell outside 'reflective loss' principle.
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Law ReportFamily proceedings: Maintenance order
English court has jurisdiction to make maintenance order in favour of party to a marriage where relevant divorce proceedings have been conducted in Scotland.
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Law ReportProsecution evidence: Complainant’s mobile phone
Court of Appeal considers issues relating to retention, inspection, copying, disclosure and deletion of electronic records held by prosecution witnesses.
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Law ReportRemote hearings: Covid-19
Family Division president rules trial was not one that could be contemplated for remote hearing during pandemic.
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Law ReportCompany: Administration order
Judge was correct to find administrators had adopted contracts of employees who had consented to be furloughed.
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Law ReportFamily proceedings: Evidence
Court provides guidance on correct approach to identification of perpetrator as result of alleged ill-treatment from pool of perpetrators.
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Law ReportData protection: use of personal data for improper purpose
Court held employee’s wrongful conduct not so closely connected with acts he was authorised to do that it could fairly be regarded as done by him while acting in ordinary course of employment.
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Law ReportDeprivation of liberty: vulnerable adult
Court held it had not been appropriate for judge to make injunctive-type orders against vulnerable adult.
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Law ReportFood and drugs: food unfit for human consumption
Court refers questions to CJEU in dispute concerning available means of challenging a decision that a slaughtered carcass was unfit for human consumption.
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Law ReportPensions: annuity transfer
Court held it was not appropriate to exercise discretion on application to sanction a scheme for transfer of annuity policies to a new company.
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Law ReportContract: package holiday
Court refers appellant’s appeal against respondent tour operator for damages, in circumstances where she had been raped and assaulted by hotel employee, to CJEU.
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Law ReportDisablement benefit: entitlement
Court held that claimant required ’social support’ as he needed someone trained or experienced in assisting people to engage in social situations.
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Law ReportOrders in family proceedings: appeals
Mother’s appeal against findings of fact made against her in care proceedings, made on basis of fresh evidence suggesting her account of events had been plausible, was dismissed.
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Law ReportRegulation of investigatory powers: human rights
Disclosures made by defendants about MI5’s handling procedures did not establish that the Investigatory Powers Act 2016 was incompatible with European Convention on Human Rights.
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Law ReportDeportation: acquisition of right of permanent residence
Court’s conclusion that Italian national had not acquired right by date of decision to deport him was correct.
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Law ReportFinancial remedies in family proceedings: anonymity
Wife’s application for a reporting restrictions order to protect identity of son was appropriate in ‘exceptional case’.
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Law ReportPlanning permission: condition restricting use of premises
Court held that planning permission granted in 2014 had to be seen through the eyes of ‘the reasonable reader’.
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Law ReportAsylum seeker: detention of child
Guidance permitting refusal to accept boy’s assertion he was 18 was unlawful.
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Law ReportMisconduct in public office: elements
Divisional Court quashes judge’s decision that there was a proper case to issue a summons against Boris Johnson for three offences of misconduct in public office.