All Legal updates articles – Page 18
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Feature
Privacy and disclosure
Two recent cases at the Court of Appeal considered the application of article 8 to Disclosure and Barring Service (DBS) checks.
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Feature
Future status of EU citizens and families
On 8 December 2017 the European Commission and UK government issued a Joint Report on the progress of article 50 talks to date. A week later the stage was set to proceed.
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Feature
Pre-action disclosure of insurance policies
Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).
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Feature
Employment: Is the gig finally up for Uber?
The ride-hailing business has been doing battle in the UK employment tribunals – and it has not fared well.
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Feature
Councillor disqualification
The government is considering the disqualification criteria for councillors and mayors – and practitioner feedback is welcome
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Feature
Criminal: General defences
In R v Riddell [2017] EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving.
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Feature
Commercial property: Restrictive covenants
There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an ...
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Feature
Going Dutch
The Netherlands has published draft rules for its new English language commercial court, which will seek to exploit Brexit by targeting international dispute resolution.
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Feature
Assisted dying: A right to autonomy and dignity
Stage is set for the next round of assisted dying litigation.
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Feature
Cards on the table for criminal solicitors
Ivey could cause a revision in the laws on dishonesty.
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Feature
Personal injury: Foster carers and vicarious liability
Supreme Court reverses decision of the Court of Appeal, deciding that a local authority could be vicariously liable for torts committed by foster carers against children in local authority care.
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Law Report
Council vicariously liable for abuse committed by foster parents
Lawyers will need to pay close attention to local authority contracts with independent fostering agencies.
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Feature
Construction: Adjudication – unilateral withdrawal
Can the referring party withdraw a dispute from adjudication and subsequently refer the same dispute to a second adjudication?
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Feature
Partnership agreements: Lateral hires and restraint of trade
How far can a law firm go to protect its business from the threat of team defections?
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Feature
Property: Clarity needed for process for obtaining writs of possession
Partridge has reduced the confusion surrounding rules in relation to obtaining wits, but these are small steps.
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Feature
Education: Ofsted marked its own homework
Durand Academy Trust School challenged critical Ofsted report.
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Feature
Family: Undertakings and variations
Birch v Birch emphasises the variation of family orders.
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Feature
Emerging Welsh law and procedure
In the first of a regular update, Richard Owen reports on legislative and legal policy developments that apply solely to Wales.
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Feature
Competition: Anti-competitive damages
A tale of two trials: Mastercard, death spirals and MIFs.