News – Page 228
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News
Family law arbitration wins
Does this ring a bell? You sit opposite a client whose face gradually lengthens, whose mouth drops and whose eyes widen in dismay and disbelief as you describe how long it takes to bring matrimonial financial issues to a conclusion through the court litigation process. You ...
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Immigration debate has shifted from a meaningful exchange of ideas
There is a deficit of meaningful dialogue in the immigration debate. Despite unprecedented access to countless news sources, rich information and varied points of view, we often tend to only consume our favourite flavour of opinion. Partly because of the explosion of online media and the ...
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Contempt of court
Committal – Breach of undertaking McCann and another v Bennett: Queen's Bench Division: 21 February 2013 The parents of Madeline McCann sought the committal of the defendant for contempt by ...
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Employment tribunal
Procedure – Hearing – Postponement O'Cathail v Transport for London: Court of Appeal, Civil Division: 29 January 2013 The Court of Appeal, Civil Division, in allowing the employer's appeal, held ...
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Common law
Water and watercourses – Riparian Right – Extent Moore v British Waterways Board: Court of Appeal, Civil Division: 14 February 2013 The Court of Appeal, Civil Division, held that there ...
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Judicial review
Claimant being convicted of drug-trafficking offences in Bali and being sentenced to death R (on the application of Sandiford) v Secretary of State for Foreign and Commonwealth Affairs: Queen's Bench Division, Divisional Court: 4 February 2013 ...
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Trademarks and the ‘own name’ defence
In 2008, the High Court granted an injunction prohibiting the use of the name ‘Cipriani’ for a restaurant in London ([2008] EWHC 3032 (Ch)). This was subsequently upheld by the Court of Appeal ([2010] EWCA Civ 110). The parties have recently returned to court to address claims for breach of ...
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Human rights
Prison – Prison conditions – Disabled prisoner R (on the application of Hall) v University College London Hospitals NHS Foundation Trust and another: Queen's Bench Division, Divisional Court: 8 February 2013 ...
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Future financial remedy proceedings
The recent decision of the Court of Appeal in Petrodel Resources Ltd v Prest [2012] EWCA Civ 1395, shocked the family law world. It has left many concerned about the potential effects it may have on future financial remedy proceedings, and some adamant that it has provided moneymakers with an ...
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Defining domicile
There has been much discussion in the press regarding the introduction of a statutory test for residence. The test is welcome and should provide a greater degree of certainty for clients in the context of their UK tax status. It should however be remembered that residence is not the only ...
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Criminal law
Perverting course of justice – Third party being subject to restraint order R v Kenny: Court of Appeal, Criminal Division: 30 January 2013 The Court of Appeal, Criminal Division ...
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Freedom of information
The Freedom of Information Act 2000 (FoI) does not just require public authorities to disclose information they hold but also information that is held on their behalf (section 3(2)). Local authorities are increasingly outsourcing management of services to the private sector. Such arrangements are often scrutinised by interested parties making ...
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Employment
'Worker' – Part-time workers O'Brien v Ministry of Justice (Council of Immigration Judges intervening): Supreme Court: 6 February 2013 The Supreme Court held that the claimant, a retired part-time recorder, ...
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Maintenance pending suit applications
There are few reported cases in respect of maintenance pending suit applications. A recent example, however, was the appeal decision of Coleridge J in S v M [2012] All ER (D) 175 (Nov).