News – Page 245

News

Contract

2012-04-13T00:00:00Z

Unfair terms - Exclusion of liability for negligence Air Transworld Ltd v Bombardier Inc: Queen's Bench Division, Commercial Court (Mr Justice Cooke): 20 February 2012 The Commercial Court considered the ...

News

Insurance

2012-04-13T00:00:00Z

Transfer of insurance business - Applicant companies entering agreement for transfer of insurance business Re Combined Insurance Company of America and other companies: Chancery Division, Companies Court (Mr Justice Morgan): 16 March 2012 ...

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Insurance

2012-04-13T00:00:00Z

Liability insurance - Employers' liability Durham v BAI (Run Off) Ltd (in scheme of arrangement) and other cases: Supreme Court (Lords Phillips P, Mance, Kerr, Clarke, and Dyson SCJJ): 28 March 2012 ...

News

ET or not ET? That is the ­question

2012-04-13T00:00:00Z

When an employment lawyer dies it must be tempting for those left behind to draw upon the career of the deceased when considering an inscription for the tombstone. Some may aspire to the simple phrase: ‘He lived as he died; scandalous, vexatious and with no reasonable prospect of success.’ For ...

News

Planning

2012-04-13T00:00:00Z

Town and country planning - Development - Use classes R (on the application of Harbige and another) v Secretary of State for Communities and Local Government: Queen's Bench Division, Administrative Court (London): 21 March 2012 ...

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Property

2012-04-13T00:00:00Z

Registration - Town or village green - Defendant local authority deciding to register area of beach as village green Newhaven Port and Properties Ltd v East Sussex County Council: QBD (Admin) (Mr Justice Ouseley): 21 March 2012 ...

News

Legal aid

2012-04-13T00:00:00Z

Criminal cases - Grant - Committal proceedings - Whether actions ultra vires R (on the application of the Law Society of England and Wales) v Lord Chancellor: QBD (Admin) (Lord Justice Stanley Burnton, Mr Justice Treacy): 30 March 2012 ...

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Copyright - access and ­similarity

2012-04-05T00:00:00Z

The creation and development of characters and storylines can be tricky, whether they are entirely fictional or based on fact, as two recent copyright cases have shown. In Mitchell v BBC, a question arose on subconscious copying of cartoon characters; while in Hodgson v Isaac, a dispute arose as to ...

News

Stamping out misconduct

2012-04-05T00:00:00Z

The role of tax planning in legal advice is under increased scrutiny. Tax planners are now in danger of being viewed as ‘tax avoiders’ (HM Revenue & Customs) or even ‘tax evaders’ (Solicitors Regulation Authority) - and the implications could be career shortening for solicitors. Here is why. ...

News

Pensions

2012-04-05T00:00:00Z

Company pension scheme - Employer in administration BEST Trustees plc (as Trustee of the Singer & Friedlander Ltd Pension & Assurance Scheme) v Kaupthing Singer & Friedlander Ltd (in administration): Chancery Division (Mr Justice Sales): 16 March 2012 ...

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Education

2012-04-05T00:00:00Z

Local education authority - Statutory duty to provide special education Shurvinton and others v Dudley Metropolitan Borough Council: Court of Appeal, Civil Division (Lord Neuberger MR, Lord Justices Richards and Davis): 21 March 2012 ...

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FoI

2012-04-05T00:00:00Z

Exempt information - Disclosure prohibited by or under enactment Kennedy v Charity Commission: Court of Appeal, Civil Division (Lord Justices Ward, Etherton and Sir Robin Jacob): 20 March 2012 The ...

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Immigration

2012-04-05T00:00:00Z

Asylum - Refugee - Temporary admission R (on the application of ST (Eritrea)) v Secretary of State for the Home Department: Supreme Court (Lords Hope DP, Brown, Mance, Kerr, Clarke and Dyson, Lady Hale) : 21 March 2012 ...

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Criminal law

2012-04-05T00:00:00Z

Appeal - Engaging in misleading commercial practice R v Scottish and Southern Energy plc: Court of Appeal, Criminal Division (Lord Justice Davis, Mr Justice Nicol and Judge Kramer QC): 16 March 2012 ...

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Intellectual property

2012-04-05T00:00:00Z

Transfer of action - Action assigned to Patents County Court - Defendant applying for transfer of trade mark proceedings to High Court Comic Enterprises Ltd v Twentieth Century Fox Film Corporation: PCC (Judge Birss QC): 22 March 2012 ...

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Nuisance

2012-04-05T00:00:00Z

Smell - Damages - Test case in group action brought by householders seeking damages for odour nuisance from defendant Barr and others v Biffa Waste Services Ltd: CA (Civ Div) (Lady Justice Arden, Lord Justices Carnwath, Patten): ...

News

Company

2012-04-05T00:00:00Z

Takeover - Reverse takeover - Claimant and defendant companies entering into heads of terms in relation to reverse takeover of claimant by defendant ParOS Plc v Worldlink Group Plc: QBD (Comm) (Jonathan Hurst QC sitting as a deputy ...

News

Intended retirement ruling opens door to employment tribunal claims

2012-04-04T00:00:00Z

The Court of Appeal handed down judgment this week in the case of R&R Plant Hire (Peterborough) Ltd v Bailey, ruling in favour of the employee. The decision is not only a win for Mr Bailey; it is also a boon for an inestimable number of employees who will suddenly ...

News

Tax

2012-03-29T00:00:00Z

Dividends - Deduction of tax - Taxpayer company self-assessing corporation tax for relevant accounting period First Nationwide v Revenue and Customs Commissioners: Court of Appeal, Civil Division (Lords Justice Rix, Moses and Mr Justice Briggs): 13 March 2012 ...

News

Criminal

2012-03-29T00:00:00Z

Appeal - Perverting the course of justice R v A: Court of Appeal, Criminal Division (Lord Judge, Mr Justice Silber and Mr Justice Maddison): 13 March 2012 The Court of ...