News – Page 231
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News
Town and village greens - commercial property
Are town and village greens cherished community spaces? Or malicious and vexatious pre-emptors of vital development? This is the first of two articles on town and village greens: this piece considers case law; the next will consider proposals for reform. At common law, a green is equivalent to a special ...
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Employment
Unfair dismissal – Determination whether dismissal fair or unfair – Reasons justifying dismissal – Range of reasonable responses test Turner v East Midlands Trains Ltd: Court of Appeal, Civil Division (Maurice Kay VP, Lord Justice Elias and Sir Stephen ...
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Human rights
Right to a fair hearing – Access to a court – Claimant being subject of civil restraining order Senior-Milne v Secretary of State for Justice: Queen's Bench Division, Administrative Court (London) (Mr Justice Coulson): 30 October 2012 ...
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Is Stop Delaying Justice! working?
Howard Riddle, the senior district judge and chief magistrate, recently delivered an update in the Gazette on the Stop Delaying Justice! case management initiative. Judge Riddle has done an amazing job in trying to limit the adverse impact of Ministry of Justice/HM Courts and Tribunals Service policy towards the courts ...
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What is a disease?
A primary flaw in the Jackson reforms’ vision of the personal injury landscape is a profound inability to comprehend that the value of a claim in damages is but one of the variables which has to be assessed when applying the proportionality principle. In the UK, fault has to be ...
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European Union
Value added tax – Refund of tax – Latvian tax authority declining to refund Mednis SIA v Valsts ienemumu dienests: Court of Justice of the European Union (Third Chamber) (Judges Lenaerts (Rapporteur acting as President)), Juhasz, Arestis, von Danwitz ...
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Discrimination
Sex discrimination – Discrimination on ground of sexual orientation Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales: Upper Tribunal (Tax and Chancery Chamber): 2 November 2012 ...
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Publicity order
Claimant submitting defendant failing to comply with publicity notice – Claimant applying for further order Samsung Electronics (UK) Ltd v Apple Inc: Court of Appeal, Civil Division (Mr Justice Longmore, Kitchin and Sir Robin Jacob): 9 November 2012 ...
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Insolvency
Bankruptcy – Discharge – Release of bankruptcy debts by discharge McRoberts v McRoberts: Chancery Division (Mr Justice Hildyard): 1 November 2012 A discharged bankrupt sought the release of his financial ...
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European Union
Workers – Freedom of movement – Social security – Income support Saint Prix v Secretary of State for Work and Pensions: Supreme Court (Lords Neuberger P, Mance, Kerr and Reed, Lady Hale): 31 October 2012 ...