News – Page 269
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News
Administrative law
Employment - Local government - Social welfare - Children’s services R (on the application of Sharon Shoesmith) v Ofsted and Ors: CA (Civ Div): (Lord Neuberger of Abbotsbury MR, Lord Justices Kay, Burnton): 27 May 2011 ...
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Law firms and retirement
Until 6 April, law firms could safely give notice to ‘retire’ employed staff at 65 under the default retirement age (DRA) exemption. Provided they followed the correct statutory retirement process, the retirement would be ‘fair’ with no age-discrimination risk. Indeed, ...
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Tackling dishonesty among legal partners
Dishonesty among partners has recently hit the headlines for all the wrong reasons. While such dishonesty is by no means rife, it is important to acknowledge that it can happen, especially as practices are increasingly coming under financial pressure. That ...
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Proportionate orders for sale
In a previous column (see ‘Charging to the front of the queue’), I pointed out that the scope for the court to refuse a creditor a charging order over a debtor’s property was more limited than many debtors would wish. What of the enforcement ...
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Developments in e-disclosure shaping the ways lawyers review evidence
Interviewed for a job once, one of us was asked to describe the essence of a piece of litigation. After offering a glib answer along the lines of the importance of the ability to read the future and people’s minds, the interviewer’s understanding impressed: ...
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Firms' duties in a tough economy
There is a fine line between being a harbinger of doom and a realist. Being objective, however, the signs are not good. It is undoubtedly the case that insolvency practitioners are becoming increasingly busy preparing reports on law firms for their creditor banks. ...
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Criminal procedure
Sentencing - Jurisdiction - Life prisoners - Mandatory life imprisonment R v Norman Hull: CA (Crim Div) (Lord Justice Pitchford, Mr Justice Wilkie, Judge Nicholas Cooke QC): 19 May 2011 ...
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Criminal procedure
Acquittals - Double jeopardy - Fresh evidence - Murder R v Dobson: CA (Crim Div) (Lord Chief Justice Lord Judge, Mrs Justice Rafferty, Mr Justice Holroyde): 18 May 2011 The ...
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Local government
Housing - Intentional homelessness - Priority needs - Temporary accommodation Oxford City Council v Darren Bull: CA (Civ Div) (Lord Justices Pill, Jackson, Tomlinson): 18 May 2011 The appellant local ...
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Landlord and tenant
Disrepair - Landlords’ duties - Repair covenants - Residential tenancies Tanya Grand v Param Gill: CA (Civ Div) (Lord Justices Thomas, Lloyd, Rimer): 19 May 2011 The appellant tenant (T) ...
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Landlord and tenant
Assured shorthold tenancies - Notice - Possession - Prescribed forms Jasbir Kaur Kahlon v Andrew Isherwood: CA (Civ Div) (Lord Justices Rix, Stanley Burnton, Patten): 19 May 2011 The appellant ...
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Human rights
Police - Declarations of incompatibility - DNA samples - Fingerprints R (on the application of GC) v Commissioner of Police of the Metropolis: R (on the application of C) v Commissioner of Police of the Metropolis: SC (Justices of ...
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Pre-action admissions
It is now well established that part 14 of the Civil Procedure Rules, which deals with admissions, does not apply to pre-action admissions (see Sowerby v Charlton [2005] EWCA Civ 1610, which was later confirmed in Stoke on Trent CC v Whalley [2006] EWCA Civ 1137). ...
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Insolvency remuneration
In recent years, there has been a good deal of concern as the result of a fairly general perception that costs in insolvency cases have reached an unacceptably high level.’ So said Mr Justice Ferris in Mirror Group plc v Maxwell and others (No 2) ...
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Use of a limited liability partnership as a fund vehicle
Recently clients asked me to consider using an LLP as an onshore vehicle for pooling funds for investment purposes. Perhaps I missed some research but I was unable to find any sensible writings on the use of an LLP for such a purpose. ...
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Disability discrimination
The decision of the House of Lords in London Borough of Lewisham v Malcolm [2008] UKHL 43, [2008] 4 All ER 525, made it significantly more difficult for a disabled tenant to argue that his landlord had discriminated against him on the grounds of disability. Mr ...
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Family law
Administration of justice - Anonymity - Lump sum orders - Matrimonial property K v L: CA (Civ Div) (Lord Justices Laws, Jacob, Wilson): 13 May 2011 The appellant husband (H) ...
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Criminal procedure
Compensation - Facts - Fresh evidence - Miscarriage of justice R (on the application of Andrew Keith Adams) v Secretary of State for Justice: In the matter of Eamonn MacDermott: In the matter of Raymond Pius McCartney: SC (Justices ...
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Administrative law
Legal advice and funding - Amendments - CLS funding - Funding code R (on the application of Evans) v Secretary of State for Justice: DC (Admin) (Lord Justice Laws, Mr Justice Stadlen): 12 May 2011 ...