All News articles – Page 1444
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News
Sentencing
Principles of sentencing - Mandatory life sentence - Murder - Minimum term R v Gill; R v Eccles; R v Abu-Neigh: CA (Crim Div) (Lord Chief Justice Lord Judge, Mr Justice Henriques and Mr Justice Irwin): 1 December 2011 ...
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Wrong presumption
Criminal practitioners should be aware that in January the Stop Delaying Justice Scheme will take effect. The aim of this apparently is to achieve disposal of criminal trials in two hearings - first appearance and trial date. In a letter to practitioners in London, the chief ...
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Keep an open mind
Edward Foster has assumed that in all mediations, or perhaps in most of them, the result is a 50/50 settlement. From 35 years’ experience of mediations as a solicitor, and 12 years’ experience as a mediator, I have to say that is simply not the case.
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Jurisdiction
Conflict of laws - Challenge to jurisdiction - Pre-trial or post-judgment relief - Freezing order Madoff Securities International Ltd and another v Raven and others: QBD (Comm) (Mr Justice Flaux): 25 November 2011 ...
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Intellectual property
European Union - Patent - Supplementary protection certificate Medeva BV v Comptroller General of Patents, Designs and Trade Marks: Court of Justice of the European Communities (Fourth Chamber) (Judges Bonichet (President of Chamber), Prechal, Bay Larsen, Toader (Rapporteur) and ...
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Law firms warned on text-generated referral 'spam'
Law firms have been reminded to check the origins of referrals to ensure they were not generated by unwanted text messages, after investigations uncovered widespread anger at such ‘spam’. The Information Commissioner’s Office (ICO) said this week it is working with mobile phone networks to study ...
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What is a fair share?
The task of analysing the final chapter of this, Jones v Kernott, the most recent of a series of controversial cohabitant cases, in 1,100 words is not easy. This is particularly so where, despite the unanimity of outcome, there is far from unanimity in reasoning. With Hale and Walker on ...
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Jackson reforms will 'encourage third-party funding'
A leading insurer has predicted that the Jackson reforms will encourage a flood of third-party litigation funders to enter the UK market. Peter Smith (pictured), managing director of after-the-event (ATE) insurance firm Firstassist, spoke this week after clinching the sale of the company by Equistone Partners (formerly Barclays Private Equity) ...
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Employment law reforms are 'unworkable', say lawyers
Proposed employment law reforms are unworkable, according to a survey of employment lawyers. More than three quarters (78%) of lawyers polled by solicitor network Contact Law said reforms announced last month by business secretary Vince Cable would lead to a ‘hire and fire’ culture. Only 8% of respondents were in ...
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Lesson in dollars
I write regarding last week’s letter, ‘Costly T&Cs’. I have just bought property in the US. On the closing statement, in addition to the attorney’s fee, is an item ‘Title Insurance’ - a further $350, which I was informed was indemnity insurance in case he got anything wrong. It appears ...
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Intestacy law reform to help cohabitants
The children, spouses and cohabitants of people who die intestate could benefit from proposed changes to inheritance laws, published yesterday. New proposals published by the Law Commission include giving more rights to the surviving partner and children of unmarried couples and removing complex and costly ‘life ...
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Role of solicitors' charity is more important than ever
Two key charities that support solicitors and their dependants have seen their workload increase significantly as a troubled economy continues to place strain on the finances and private lives of many lawyers. The number of enquiries for support received each month by SBA The Solicitors’ Charity (formerly the Solicitors Benevolent ...
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Did politics trump economics in the riot cases?
My letter has prompted many contributions from advocate colleagues. At Birmingham Magistrates’ Court, where special ‘civil unrest’ sessions were held on the Sunday, by midmorning on most week days you would expect to see tumbleweed drifting down the court corridors; so bereft of work is the judiciary.
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Queen unveils renovated Rolls Building
The Queen has officially opened the newly renovated Rolls Building, the £300m centrepiece of UK ambitions to become the world centre of dispute resolution. The development brings together the Chancery Division of the High Court, the Admiralty and Commercial Court, and the Technology and Construction ...
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Jackson and the beanstalk
Cast Jackson: a doughty, hard-working lad.Widow Ken: his jazz-loving mum. Prone to dozing off.Highstreet: an elderly cow, mainstay of the farmyard. Greatly put-upon and underappreciated.Old Straw: a ...
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Criminal bar in dock for solicitor-advocate ‘turf war’
The criminal bar stands accused of using the planned quality assurance scheme to wage a ‘turf war’ on solicitor-advocates, following the circulation of a letter calling on barristers to engage with the scheme. In the letter, sent to all members of the Criminal Bar ...
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Arbitration
Award - Appeal - Challenge to award on grounds of serious irregularity Ed & F Man Sugar Ltd v Belmont Shipping Ltd: Queen's Bench Division, Commercial Court (Mr Justice Teare): 18 November 2011 ...
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Does Sumption appreciate the constraints of new role?
Herbert Smith hit the bull’s eye with its FA Mann lecture this year. So many turned out for lecturer Jonathan Sumption QC that there was no room at Lincoln’s Inn for a number of hopeful, but disappointed, potential members of his audience. Happily, the speech of the Supreme Court Justice-elect ...
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'Belief’ in animal welfare protects employee
In a landmark decision, the Employment Tribunal decided fervent anti-fox hunting campaigner Joe Hashman was protected from discrimination because of his beliefs in animal welfare. Mr Hashman was employed by a garden centre. He was a keen animal rights campaigner and had given evidence in ...