News – Page 249
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News
Courts martial
Royal Forces - Conduct to prejudice of good order and discipline - Mens rea - Judge holding no case to answer R v Armstrong: Courts Martial Appeal Court (Sir Anthony May (president), Griffith Williams, Mr Justice Coulson): 1 February ...
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‘Control’ of documents
In the recent case of North Shore Ventures Limited v Anstead Holdings Inc [2012] EWCA Civ 11 the Court of Appeal considered the concept of 'control' of documents under Civil Procedure Rules 71.2 and 31. The rules ...
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Keeping up appearances
What is the test when a tenant applies to set aside a possession order made in their absence? Following Estate Acquisition and Development Ltd v Wiltshire [2006] EWCA Civ 533, [2006] All ER (D) 50 (a case of forfeiture of a lease), it seemed that the answer lay in rule ...
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Immigration
Leave to enter - Indefinite leave - Spouses, children and other dependant relatives - Appellants being refused leave to enter UK UG (Nepal) v Entry Clearance Officer; NT (Nepal) and another v Entry Clearance Officer; YP (Nepal) v Entry ...
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Judicial review
Crown Prosecution Service - Decision to prosecute - Judicial review of decision - Claimant being harassed by F - Restraining order being issued against F R (on the application of Waxman) v Crown Prosecution Service: QBD (Admin) (Lord Justice ...
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Violent employees and vicarious liability
In recent times a disproportionate number of cases concerning vicarious liability have reached the higher courts. Sadly, a number of these have involved abuse of children by members of the clergy. Violence is a common feature, though financial wrongdoing was the offence in Dubai Aluminium Company Ltd v Salaam [2003] ...
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Acting as a single joint expert
The principle of single joint experts (SJE) has been in existence for many years now but how often is it used? In a straw poll conducted amongst my colleagues, it has seldom been adopted by our clients. It may be more commonly used in the types and/or sizes of cases ...
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Keeping up appearances
What is the test when a tenant applies to set aside a possession order made in their absence? Following Estate Acquisition and Development Ltd v Wiltshire [2006] EWCA Civ 533, [2006] All ER (D) 50 (a case of forfeiture of a lease), it seemed that the answer lay in rule ...
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Arbitration
Award - Enforcement - Parties disputing responsibility for collision during voyage charter West Tankers Inc v Allianz Spa and another: CA (Civ Div) (Lord Justices Carnwath, Lloyd and Toulson): 24 January 2012 ...
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Environment
Electricity - Supply - Feed-in tariff - Secretary of state proposing reduction in feed-in tariff for electricity produced by small solar panels R (on the application of Friends of the Earth Ltd) v Secretary of State for Energy and ...
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Rip it up and start again
The government’s announcement that it would prohibit referral fees may have caused initial joy among the many supporters of the Society’s policy that such fees should be banned. But a closer look at the amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) to achieve this policy ...
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Clarity needed over civil litigation
Whatever one’s views on the recommendations of Lord Justice Jackson’s Review of Civil Litigation Costs - and few litigation lawyers will find the whole report entirely to their liking - most would expect the implementation process to be well-managed and transparent.