News – Page 250
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Automatic disqualification and apparent bias
Two jurisprudential strands were brought together by the Court of Appeal on 19 October 2011 when determining a challenge brought by Darsho Kaur, a student member of the Institute of Legal Executives (ILEX).
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Regulatory reform of financial services
The chancellor has now set out his detailed proposals for financial services regulatory reform. These seek to address three substantial concerns which became clear in the wake of the banking crisis: 1. The Memorandum of Understanding between the Financial Services Authority (FSA), the Bank of England ...
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Police powers
Power to stop, search and detain - Two demonstration camps in London R (on the application of Moos and another) v Commissioner of Police for the Metropolis: Court of Appeal, Civil Division (Lord Neuberger of Abbotsbury MR, Lord Justices ...
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Rearranged fixtures
April 2012 will see HM Revenue & Customs’ (HMRC) new rules come into effect regarding the availability of capital allowances for purchasers of fixtures. This article considers the changes made to the existing rules and the impact such changes will have for solicitors involved in commercial property conveyancing. ...
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Human rights
Public order - Freedom of association and assembly - Defendant protestors setting up camp outside St Paul’s Cathedral City of London Corporation v Samede and others: QB (Mr Justice Lindblom): 18 January 2012 ...
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The ‘golden rule’
Wharton v Bancroft and Others [2011] EWHC 3250 Ch: this case is a typical example of the strong feelings that can arise where a parent leaves the estate to a subsequent spouse, disinheriting the adult children.
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National Civil Business Centre and county court claims
Normally changes to the Civil Procedure Rules (CPR) made in December come into force the following April. However, the Civil Procedure (Amendment No 4) Rules 2011 (SI 2011/3103) made on 21 December 2011, come into force on 19 March. They deal with one topic only, namely the establishment of the ...
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Securing bank funding through bond issue
Assura Properties plc (Assura), a wholly owned subsidiary of Assura Group Limited, which owns a £542m portfolio of primary care properties in the UK, secured £110m of funding at the close of last year, not through the traditional route of bank lending but via a 10-year bond issue. Both the ...
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Proceeds of crime
Mauritius - Criminal law - Money laundering Director of Public Prosecutions v Bholah: Privy Council (Lords Phillips, Brown, Kerr, Wilson and Sir Malachy Higgins): 20 December 2011 The Privy Council ...
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Intellectual property
Patent - Validity - Novelty - Obviousness - Insufficiency Omnipharm Ltd v Merial: Chancery Division, Patents Court (Mr Justice Floyd): 21 December 2011 The Chancery Division, Patents Court, decided, inter ...
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Entry for the Olympics
With the London 2012 Olympic and Paralympic Games just around the corner, UK government agencies have been working in tandem with national and international Olympic committees to ensure that the much-anticipated events will run as smoothly as possible. One vital task in these preparations has been to set out the ...
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Jurisdiction
Service out of the jurisdiction - Alternative forum available - Claimant bank alleging fraud by defendants Alliance Bank JSC v Aquanta Corporation and others: QBD (Comm) (Mr Justice Burton): 14 December 2011 ...
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Lord Chancellor’s incorrect statement
The Lord Chancellor Kenneth Clarke gave evidence to the Joint Select Committee on Privacy and Injunctions on 16 January 2012 (uncorrected evidence published on 23 January 2012). In answer to a question by Lord Boateng, Clarke said:
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Human rights
Prison - Prisoner - Management and treatment of prisoners Grant and another v Ministry of Justice: Queen's Bench Division (Mr Justice Hickinbottom): 19 December 2011 The Queen's Bench Division dismissed ...