News – Page 268
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Divorce and inherited assets
Earlier this year I provided an update regarding the family courts’ treatment of inherited assets upon divorce. Since then, two of the judgments discussed in that article have been subject to Court of Appeal decisions.
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Insolvency litigation funding
Insolvency practitioners (IPs) represent a sector of the litigation community that has been largely overlooked by Lord Justice Jackson and the Ministry of Justice through its endorsement to the proposed changes to eradicate recoverability of success fees and premiums. Critics argue the blindsided attention ...
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Mental health
Persons who lack capacity – Deprivation of liberty – Mental Capacity Act Hillingdon London Borough Council v Neary and others: (Court of Protection) Mr Justice Jackson: 9 June 2011 The ...
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Conflict of laws
Jurisdiction – Challenge to jurisdiction – Contract between parties AES Ust-Kamenogorsk Hydropower Plant LLC v Ust-Kamenogorsk Hydropower Plant JSC: CA (Civ Div) Lord Justices Rix, Wilson and Stanley Burnton: 27 May 2011 ...
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Arbitration
Award – Appeal – Defendant employed by claimant Wilson & Partners Ltd v Emmott: QBD (Comm) Mr Justice Andrew Smith: 8 June 2011 The claimant company was incorporated in the ...
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New laws on the use of cookies
With accusations of ignorance and fear-mongering coming from both the privacy and the tech-freedom camps, recent new laws surrounding the use of ‘cookies’ have not been without their problems.
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New laws on the use of cookies
With accusations of ignorance and fear-mongering coming from both the privacy and the tech-freedom camps, recent new laws surrounding the use of ‘cookies’ have not been without their problems.
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Part 36 offers and recent judgments
One of the most successful innovations introduced by the Civil Procedure Rules (CPR) has been part 36 offers. In 2007, part 36 offers replaced payments into court as the sole mechanism under the CPR for making offers to settle, which, in the words of Lord Justice Moore-Bick, have ‘far-reaching consequences ...
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Family law: lessons to be learned from north of the border?
The family law system in Scotland is quite different from that in England and Wales. For a couple who divide their time between the two countries, choosing the correct jurisdiction is vital. Divorce law in Scotland is often regarded by English lawyers as being unfair ...
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A heavier emphasis on complaints
Recent findings by a YouGov poll, commissioned by the Legal Services Board and published on 9 June 2011, reveal how many law firms may not be complying with their regulatory obligations, to inform their clients of their internal complaints- handling processes and their right to complain to the Legal Ombudsman. ...
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Negligence
Duty to take care - Economic loss - Damage to property Network Rail Infrastructure Ltd v Conarken Group Ltd; Network Rail Infrastructure Ltd v Farrell Transport Ltd: CA (Civ Div) (Lord Justices Pill, Moore-Bick, Jackson): 27 May 2011 ...
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Immigration
Asylum - Humanitarian protection grounds - Equivalency principle lFA (Iraq) v Secretary of State for the Home Department: SC (Lord Phillips (president), Lord Hope (deputy president), Justices of the Supreme Court Lord Brown, Lord Kerr, Lord Dyson): 25 May ...
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Freedom of information and datasets
In January, the government announced plans to amend the Freedom of Information Act 2000 (FoI) to ensure public authorities proactively release data in a way that allows businesses, non-profit organisations and others to reuse it for social and commercial purposes. OpenlyLocal, a local government data ...
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Many solicitors remain worryingly ignorant of the Get
A Get is a Jewish divorce document that dissolves the marriage of a Jewish couple. When they marry, there is a single ceremony which combines both the Jewish and civil marriage requirements. Should they divorce, however, two separate divorces are ...
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The notarial profession has a very bright future
On 24 May the European Court of Justice (ECJ) gave judgment on the seven cases before it concerning notaries. Fifteen nations were told that it was not possible to restrict work as a notary to their own nationals. Any qualified ...
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Immigration
Anonymity - Asylum seekers - Deportation - Detention Shepherd Masimba Kambadzi v Secretary of State for the Home Department: SC (Lord Hope (Deputy President), Lords Rodger, Brown, Kerr, Lady Hale): 25 May 2011 ...
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Criminal evidence
Criminal procedure - Criminal appeals - Fresh evidence - Identification R v George Davis: CA (Crim Div): (Lord Justices Hughes (Vice-President), Henriques, Macur): 24 May 2011 The appellant (D) appealed ...
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Civil procedure
Conflict of laws - Jurisdiction - Stay of proceedings Striborg Ltd v (1) FKI Engineering Ltd (2) FKI Ltd: CA (Civ Div): (Lord Justices Mummery, Rix, Wilson): 25 May 2011 ...
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Criminal procedure
Criminal evidence - Human rights - Scottish devolution issues - Miscarriage of justice Stephanie Baker (Respondent) v (1) Nat Gordon Fraser v HM Advocate: SC (Lords Hope (Deputy President), Rodger, Brown, Kerr, Dyson): 25 May 2011 ...