News – Page 237
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Conveyancing panels and separate representation
For at least the past two years, the Law Society has been working hard to respond to a series of unwelcome and often confusing changes to lender panel membership.
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It is often the hardest cases that are sent for mediation
It is a common (mis)conception that litigation and delay go hand in glove. Defendants perceive claimants as averse to settlement because they want to 'costs build'; claimants perceive insurers as averse to settlement because they want to retain their funds as long as possible. Both suggest that delays in the ...
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Benefit fraud: claim/review forms
This is the second of four articles prompted by the case of Coventry City Council v Vassel 2011 EWHC 1542 Admin. In particular, it looks at mens rea and the difficulties that arise when local authorities fail to give adequate information to benefit claimants on how to notify a change ...
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Immigration
Detention - Unlawful detention - False imprisonment - Damages BA and others v Secretary of State for the Home Department (Bail for Immigration Detainees intervening): Court of Appeal, Civil Division (Sir Anthony May P, Lady Justice Black and Lord ...
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Community designs and the design corpus
In a recent case in the ongoing battle between Apple and Samsung, the High Court has provided fresh guidance on assessing the infringement of community designs, and in particular the subject of the ‘existing design corpus’ (or ‘prior art’), and several passing comments which will be of interest to any ...
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Intellectual property
Trademark - Infringement W Spear & Sons Ltd and other companies v Zynga Inc: (ChD) (Mr Justice Henderson): 4 May 2012 The claimant companies were members of a group of ...
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Freezing order
Right to respect for private and family life - Military JSC BTA Bank v Ablyazov and others: QBD (Comm) (Mr Justice Christopher Clarke): 4 July 2012 In August 2009, a ...
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Human rights
Right to respect for private and family life - Military R (on the application of Harrow Community Support Unit) v Secretary of State for Defence: QBD (Admin) (Mr Justice Haddon-Cave (judgment delivered em<extempore</em)): 10 July 2012 ...
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Intellectual property
Hearing - Practice - Defendant seeking to launch television service called ‘NOW TV’ Starbucks (UK) Ltd v British Sky Broadcasting Group Plc and other companies: ChD (Patents) (Mr Justice Arnold): 29 June 2012 ...
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Jurisdiction
Conflict of laws - Challenge to jurisdiction - Civil and commercial matters Antonio Gramsci Shipping Corporation and others v Recoletos Ltd and others: Queen's Bench Division, Commercial Court (Mr Justice Teare): 12 July 2012 ...
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Competition
Abuse of dominant position - Claimant company operating bus services on certain routes 2 Travel Group plc (in liquidation) v Cardiff City Transport Services Ltd: Competition Appeal Tribunal (Lord Carlile of Berriew CBE, QC, Peter Freeman CBE, QC and ...
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Dramatic changes to family migration
On 11 June, the Home Office announced the latest round of changes to the UK Immigration Rules. The broad reforms aim to restrict the ability of non-European Economic Area (EEA) migrants to enter or remain in the UK under the family migration route, and to curtail the use of article ...
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Intellectual property
Copyright - Infringement - Disclosure and inspection of documents - Claimants holding licences in copyrighted works Golden Eye (International) Ltd and others v Telefonica UK Ltd: ChD (Mr Justice Arnold): 26 March 2012 ...
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Vicarious liability
Roman Catholic Church - Liability for tortious acts of priest - Claimant alleging sexual abuse and rape by Roman Catholic priest JGE v Trustees of the Portsmouth Roman Catholic Diocesan: CA (Civ) (Lord Justices Ward, Tomlinson, Davis): 12 July ...
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'Commonsense' regulation
I was moved to contribute some observations on regulation following a discussion with a solicitor client pulling their hair out at the delays in the Solicitors Regulation Authority investigation process; and having read Gregory Treverton-Jones QC’s article on the dangers of entity regulation.
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Making Libor claims stick
Libor abuse is the latest of many sticks available to critics with which to flog the banking piñata, but as the Treasury Select Committee circled around former Barclays chief executive Bob Diamond on 5 July to take turns waving it his way, it became clear that the full details of ...
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Negligence
Causation - Breach of duty causing or contributing to damage Wilkin-Shaw v Fuller and Kingsley School: Queen's Bench Division (Mr Justice Owen): 28 June 2012 The Queen's Bench Division, ...