News – Page 262
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News
Employment
Employer’s duty to consult - Failure to consult union - Affected employee seeking protective award against employer Independent Insurance Co Ltd (in provisional liquidation) v Aspinall and another: EAT (Judge Serota QC, Mr D Bleiman, Mr J R Rivers): ...
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Unless orders - securing a party’s compliance
Unless orders (otherwise known as Hadkinson orders) were established in Hadkinson v Hadkinson [1952] P 285, CA. Although still relatively uncommon, there has been a series of reported cases where the power has been used by the courts over the last few years. It is an approach to be used ...
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Arbitration
Award - Enforcement - Freezing order - Claimant appealing Mobile Telesystems Finance SA v Nomihold Securities Inc: CA (Civ Div) (Lord Justices Ward, Tomlinson): 1 September 2011 The claimant company, ...
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Immigration
Asylum seeker - Detention - Claimant being detained prior to deportation R (on the application of S) v Secretary of State for the Home Department: QBD (Admin) (David Elvin QC sitting as a deputy judge of the High Court): ...
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Employment
Determination whether dismissal fair or unfair - Dismissal for misconduct - Employee failing to follow instruction and being dismissed Oudahar v Esporta Group Ltd: EAT (Judge Richardson, Mr D Evans, Mr B Warman): 22 July 2011 ...
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Criminal procedure
Unsafe conviction - Bias - Defendant appearing before Crown court - Recorder criticising defence statement R v Malcolm: CA (Crim Div) (Lord Chief Justice Lord Judge, Lord Justice Hooper, Mr Justice Blair): 1 September 2011 ...
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Duty of candour plans 'watered down'
The government proposes to introduce a duty of candour as part of its health reforms, requiring hospitals to tell patients when they have made mistakes - a move that follows a long campaign by Action Against Medical Accidents (AvMA) and other patient safety bodies. While the plans are welcome and ...
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Pitfalls of percentages
Percentages are the most common statistics which lawyers encounter in daily working life. You need to be confident of case facts and recognise potentially incomplete detail or evidence in order to defend your clients’ best interests. However, how do you see behind ...
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Arbitration
Stay of proceedings - Defendant purporting to invoke arbitration clause in consultancy agreement Wilky Property Holdings PLC v London & Surrey Investments Limited: Chancery Division: (Richard Snowden QC): 17 August 2011 ...
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Conflict of laws
Foreign judgment - Enforcement or recognition - Jurisdiction of foreign court Re New Cap Reinsurance Corporation Ltd (in liquidation): Court of Appeal, Civil Division (Lords Justice Mummery, Lloyd, Mr Justice McFarlane): 9 August 2011 ...
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Immigration
Asylum seeker - Removal from United Kingdom to state of which person not national or citizen R (on the application of Elayathamby): Queen's Bench Division, Administrative Court (London) (Mr Justice Sales): 11 August 2011 ...
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News
Immigration
Leave to enter – Entry clearance – Spouses of British nationals – Claimant foreign nationals married to British nationals R (on the application of Kotecha) v Secretary of State for the Home Department; R (on the application Das) v ...
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Employment
Contract of service - Breach of contract - Inducing breach of contract BGC Capital Markets (Switzerland) LLC v Rees and others: Queen's Bench Division (Sir Raymond Jack sitting as a judge of the High Court): 27 July 2011 ...