News – Page 234
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News
Civil procedure rules
A previous article summarised the new Civil Procedure Rules (CPR) Part 81. This article summarises the further changes effected by the Civil Procedure (Amendment No 2) Rules 2012 (SI No. 2208) and Update 59 which came into force on 1 October. ...
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Breach of confidence
Summary judgment - Entitlement to summary judgment - Duty of servant Devon and Cornwall Autistic Community Trust (t/a Spectrum) v Pyrah and others: PCC (Mr Recorder Douglas Campbell): 24 September 2012 ...
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Technology in conveyancing - friend or foe?
I read a letter in last week’s Gazette pointing out the problem with the time it takes the Land Registry to deal with electronic discharges and it got me thinking of the other times in my job when technology can become more of a hindrance than a help.
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Holistic reform of the PI system
In less than six months the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) will come into force. A look back at the process which led to this makes me feel wholeheartedly that successful reform of the personal injury (PI) system has been scuppered by a hurried approach, a ...
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Equal civil marriage - death of spouse
A particular problem to be considered in drafting equal civil marriage legislation is the fact that whatever arrangements are made for the UK, same-sex marriages performed here will not be recognised in most countries of the world. In today’s highly mobile society, that potentially creates serious difficulties for same-sex couples. ...
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Immigration
Leave to remain - Appeal - Appellant being Turkish national KA (Turkey) v Secretary of State for the Home Department: Court of Appeal, Civil Division (Lord Justices Rix, Tomlinson and McFarlane): 12 September 2012 ...
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Public authorities and datasets
The past few months have seen a number of developments in Freedom of Information law. In May, the Information Commissioner’s Office (ICO) announced changes that will be made to the information public authorities will need to release proactively as part of their Publication Scheme (under ...
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Immigration
Liberty - Detention - Sentence of imprisonment for public protection Secretary of State for the Home Department v FV (Italy): CA (Civ Div) (Lord Justices Pill, Aikens, Lady Justice Rafferty): 14 September 2012 ...
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Human rights
Liberty - Detention - Sentence of imprisonment for public protection James and others v United Kingdom (app nos 25119/09, 57715/09 and 57877/09): European Court of Human Rights (Judges Lech Garlicki (president), David Thór Björgvinsson, Nicolas Bratza, George Nicolaou, Zdravka ...
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Squatting made a criminal offence
Historically if a property owner or occupier was not able to 'persuade' squatters to leave residential property the property owner or occupier was only able to use one of two legal processes to evict a squatter from residential property: ...
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Engaging with CC market investigations
A Market Investigation Reference (MIR) is made to the Competition Commission (CC) under the Enterprise Act 2002 when the Office of Fair Trading (or sector regulator, or in particular circumstances a minister) has reasonable grounds for suspecting that features of a market are preventing, restricting or distorting competition. In short, ...
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Commercial
Sale of goods – Passing of property – Set-off – Right of set-off FG Wilson (Engineering) Ltd v John Holt & Company (Liverpool) Ltd: Queen's Bench Division, Commercial Court (Mr Justice Popplewell): 6 September 2012 ...
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Jackson’s 10% increase in general damages
On 1 April 2013, the reforms to civil costs contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 will come into force. Part 2 of the act provides for the implementation of recommendations 7, 9, 14 and 94 of the final report on civil litigation costs by ...