News – Page 252
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News
Environment
Protection - Pollution - Air pollution - European directive requiring reduction in emissions R (on the application of Clientearth) v Secretary of State for Environment, Food and Rural Affairs: QBD (Admin) (Mr Justice Mitting (judgment delivered extempore)): 13 December ...
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Habeas corpus
Jurisdiction - Prisoner of war - Claimant Pakistani national being captured by British forces in Iraq Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another: CA (Civ Div) (Master of the Rolls Lord Neuberger, Lord Justices ...
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Matter of opinion
The City of London Law Society has issued a useful Guide to assist practitioners in providing English law opinion letters in financial transactions. The aim of the Guide (available at the website) is to save time and costs spent in discussing which law firm should provide an opinion letter, what ...
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Landlord and tenant
Recovery of possession - Order for possession Francis v Southwark London Borough Council: Court of Appeal, Civil Division (Lord Justices Carnwath, Lloyd and Toulson): 1 December 2011 The Court of ...
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Employment
Practice - Appeals Korashi v Abertawe Bro Morgannwg University Local Health Board: Employment Appeal Tribunal (Judge McMullen QC, Mr B Beynon and Mr T Stanworth): 12 September 2011 The Employment ...
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Employment
Constructive dismissal - Unfair dismissal McBride v Falkirk Football and Athletic Club: Employment Appeal Tribunal (Lady Smith, Mr P Pagliari, and Mr M Smith): 17 June 2011 The Employment Appeal ...
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Civil procedure
Parties - Joinder of parties - First claimant company owned by second claimant company and first defendant company R.G.I. International Ltd and another company v Synergy Classic Ltd and others: QBD (Comm) (Mr Justice Teare): 2 December 2011 ...
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Defamation
Pre-trial or post-judgment relief - Injunction - Defendant publishing ‘Solicitors from Hell’ website Law Society and others v Kordowski: QBD (Mr Justice Tugendhat): 7 December 2011 The first claimant was ...
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Criminal round-up
No magistrates’ court may grant bail to a youth charged with murder. However, having refused bail, the court must still comply with section 23 of the Children and Young Persons Act 1969 and determine the nature of the custodial remand. That aspect cannot be delayed to the first hearing in ...
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Tenancy deposits
Parliament has sought to establish schemes to protect tenants’ deposits (incorporating alternative dispute resolution) and to penalise any landlord who fails to comply with his duty to protect the deposit within an authorised tenant deposit scheme. Sections 214 and 215 of the Housing Act 2004 ...
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Taxation of trusts in france
The French tax authorities have always had a problem with the taxation of trusts because a trust does not exist in French law and it is very difficult to assimilate to a French vehicle. So in its own pragmatic way the French government decided to ignore the legal refinements of ...
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Pre-packs or the perception of pre-packs? That is the question
Pre-pack sales of the business or assets of companies entering administration have always been controversial. Depending upon your standpoint, they can be perceived and characterised as: 1. an effective means of ensuring the rescue of viable businesses and the saving of jobs; 2. a legitimate ...