All News articles – Page 1804
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News
Long road from the LSA
Leading figures from the profession recently debated the likely shape of a post-Legal Services Act world. The Gazette was granted exclusive access. It is some consolation for the legal profession that Professor Richard Susskind, the leading commentator, has put a question mark at the end ...
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Silver lining?
In the light of recent turmoil on the stockmarket, there would appear to be scope for charities to gain substantially from estates which include shares in companies that have declined dramatically in value (such as banks, builders and property companies). Where there is a taxable estate ...
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Landlord and tenant
Local government – Mental health – Possession claims – Public sector tenancies – Schizophrenia Lewisham London Borough Council v Malcolm (2008): HL (Lord Bingham of Cornhill, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury): 25 June 2008 ...
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Intellectual property
Criminal law – Media and entertainment – Circumvention of copy protection – Computer games – Copyright R v Neil Stanley Higgs (2008): CA (Crim Div) (Lords Justice Jacob, Hughes, Justice Andrew Smith): 24 June 2008 The appellant (H) appealed against ...
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Personal injury
Negligence – Damages – Criminal conduct - Ex turpi causa - Post-traumatic stress disorder Kerrie Francis Gray v (1) Thames Trains Ltd (2) Network Rail Infrastructure Ltd (formerly Railtrack Plc) (2008): CA (Civ Div) (Sir Anthony Clarke Master of the Rolls, Lords Justice Tuckey, Smith): ...
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Immigration issues
As an immigration consultancy based in Sheffield we recently read with great interest an article published in March concerning the quality of advice for Turkish workers (see [2008] Gazette, 6 March, 4). While we agree that the quality of immigration services is high, we do not ...
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Human rights
Asylum seekers - Delay - Immigration policy - Leave to remain - Proportionality EB (Kosovo) v Secretary of State for the Home Department (2008): HL (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood): 25 ...
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Human traffic warning
Immigration lawyers must become more ‘victim-focused’ if they are to stop giving unwitting help to human traffickers, a top European lawyer has told the Gazette. Maud de Boer-Buquicchio, a lawyer and deputy secretary-general of the Council of Europe, said trafficking could go undetected when practitioners endorsed ...
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Grandee of the law wades in
Lord Woolf has witnessed ‘the transformation of almost every aspect of the legal scene’ For many people, the name Lord Woolf will always be synonymous with the revolutionary reform of the civil court code in the late 1990s: the Civil Procedure Rules (CPR). ...
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Fox on the gun...
Has legal legend Ronnie Fox finally unveiled the secret of his success as a top partnership law and employment lawyer? Talk about shock tactics. Sadly, Obiter cannot reveal that Ronnie – who runs Fox Lawyers in London – attends meetings with the opposition in a Sherman ...
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Matters of discretion
A new sentencing commission could make those responsible for policy more accountable Lord Justice Gage’s report on sentencing will make interesting reading – not so much for what he says but more for the degree of restraint with which he says it. The appeal judge – ...
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In defence of the victims
Matthew Hickling’s criticism of the Criminal Procedure Rules does not stand up to scrutiny I write as one who prosecutes daily in the magistrates’ court.
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Defence deal
Defence deal: Birmingham firm Wragge & Co advised the Ministry of Defence, as part of the Aircraft Carrier Alliance, on a £3bn contract to build aircraft carriers HMS Queen Elizabeth and HMS Prince of Wales – which will be the largest warships ever ...
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Correction
Dr Ann Barker, the Bar Standards Board’s new complaints commissioner, was wrongly named Parker in last week’s issue. Apologies.
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Shape up to survive, conveyancers told
The Law Society has warned conveyancers not to panic as the property market stagnates, but to take action to ‘trim’ themselves down.
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Constitutional law
Governments – Implied promises – Legitimate expectation – Parliamentary privilege – Referendums R (on the application of Wheeler) (claimant) v (1) Office of the Prime Minister (2) Secretary of State for Foreign and Commonwealth Affairs (defendants) & Speaker of the House of Commons (interested party) ...
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Sir Igor is new chief justice
Sir Igor Judge, the current President of the Queen’s Bench Division, has been named as the next Lord Chief Justice.
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Employment law needs reality check
Whitehall is right to abandon the controversial Dispute Resolution Regulations. Ever since the ill-fated Dispute Resolution Regulations 2002 were first introduced, there has been a groundswell of opinion, led by the Employment Lawyers Association (ELA), to have them reversed.
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Society wary over Charter Mark idea
The Law Society has reacted cautiously to the Legal Services Ombudsman’s idea of introducing a Charter Mark scheme for solicitors. Ombudsman Zahida Manzoor also warned that the Legal Complaints Service’s (LCS) current proposals to publish complaints records ‘could potentially lead to some solicitors paying compensation irrespective ...
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Councils launch court fee challenge
Four local authorities have joined forces to launch a judicial review against the government, claiming that new powers forcing councils to bear the full cost of child-care cases are unlawful, the Gazette can reveal. Hillingdon Borough Council in London, Leeds City Council, Liverpool City Council and ...