Law reports – Page 9
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Law Report
Limitation of action
In claims by many hundreds of Iraqi civilians against the defendant Ministry of Defence for damages for their allegedly unlawful detention and ill-treatment by British armed forces, the preliminary issue was whether the claims were barred by an applicable statute of limitations.
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Law Report
Negligence
The claimant issued proceedings against Sotheby’s alleging negligence in its investigation of a painting, which is purported to be by Caravaggio.
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Law Report
Costs
The Court of Appeal, Civil Division, allowed an appeal by the Jimmy Savile Charitable Trust (the trust) against certain orders for costs made during the course of proceedings in respect of the administration of the estate of Jimmy Savile. Its appeal against various other orders was dismissed.
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Law Report
Judicial review
In the course of litigation following ‘Plebgate’, the claimant police officers sought judicial review of the Independent Police Complaints Commission’s decision to re-determine the mode of investigation of them.
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Law Report
Human rights
Certain preliminary issues came to be tried in more than 600 High Court cases in which Iraqi civilians are claiming damages from the Ministry of Defence for their allegedly unlawful detention and alleged ill-treatment by British armed forces in Iraq.
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Law Report
Costs (family)
In financial proceedings the Family Division imposed a costs penalty on the husband. The judge commented on the scale of the costs incurred by the parties, which he described as ‘totally disproportionate’.
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Law Report
Immigration
Maryam Rajavi, the exiled Iranian politician, appeals against the home secretary’s decision to ban her from entering the UK on the ground that her presence would not be conducive to the public good.
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Law Report
Human rights
The ‘Naked Rambler’ issued proceedings concerning his arrests, prosecutions, convictions and sentences of imprisonment, invoking, in particular, articles 8 and 10 of the European Convention on Human Rights.
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Law Report
Employment
The employment tribunal found that, when the appellant was providing her services through a limited company for the purpose of selling Shiseido cosmetic products in a duty-free outlet managed by the respondent, she was not an employee of the respondent for the purposes of section 83(2) of the Equality Act ...
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Law Report
Mental health
Following a previous judgment on questions of law in deprivation of liberty cases involving adults who lacked capacity, the Court of Protection supplemented and elaborated on some of those questions.
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Law Report
Insurance
The proceedings arose out of a serious fire at the Sugar Hut Club, Essex in 2009. A dispute arose as to, among other things, the amount of business interruption losses to which the claimants were entitled. In particular, the parties disagreed as to the calculation of the overall loss of ...
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Law Report
Trademark
The court found a judge had erred in ordering revocation of a Specsavers trademark where evidence that use of the wordless logo together with the registered word trademark superimposed over the top had served to identify the goods.
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Law Report
Criminal law
The Court of Appeal, Criminal Division, allowed an appeal against convictions for robbery, in circumstances where the evidence that had been critical to the convictions related to admissions allegedly made to police officers who were part of a now-discredited crime squad.
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Law Report
Damages
A dispute arose over the pop track Heartbroken and at an earlier hearing a judge held that the performer’s rights relating to the vocal at the centre of the dispute belonged to the claimant. These proceedings concerned damages.
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Law Report
Parental order
The Family Division held that the Human Fertilisation and Embryology Act 2008 did not have the effect of preventing the court from making a parental order.
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Law Report
Judicial review
The claimants sought judicial review of the lord chancellor’s decisions that there would be 525 duty provider work contracts and an average immediate reduction of 8.75% in criminal legal aid fees.
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Law Report
Competition
Skyscanner appealed against the Office of Fair Trading’s decision, accepting commitments from intervening companies in the hotel industry to modify their behaviour by limited discounting of room-only rates to closed groups.
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Law Report
Costs
A full report of the judgment in the costs case related to Marley v Rawlings, in which parents had each signed the wrong mirror will.
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Law Report
Immigration
The claimant Pakistani national challenged the home secretary’s refusal of a British passport to which she claimed to be entitled as a British citizen by descent.
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Law Report
Injunction
The Commercial Court dismissed the claimants’ application for an injunction pursuant to section 37 of the Senior Courts Act 1981 to restrain the first defendant from pursuing or taking any step in proceedings commenced against the second and third claimants in the supreme court of New York.