News – Page 270
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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 ...
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Video evidence; and assessing an unsafe system of work
Disclosure of video evidence – Douglas v O’Neill. This High Court decision helpfully summarises the existing law relating to CPR 31 and (late) disclosure of video footage. The claimant (C) was badly injured when knocked over by a car driven by the ...
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For the love of law?
In the last 12 months the BBC has played an unexpected role, featuring heavily in the development of discrimination law in the UK. Most notably in a recent case which could have wider implications for lawyers too. Devan Maistry was an ...
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Injunction case is reminder that partners have employment rights
A High Court ruling in Clyde & Co v Van Winkelhof, reported on 22 March, has highlighted how, even though a member of an LLP or partner may not be an employee, they can still avail themselves of rights traditionally regarded as employment rights. Most ...
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Telecommunications
Dispute resolution - Jurisdiction - Mobile telephony - Telephone charges British Telecommunications Plc (appellant) v Office of Communications (respondent) & (1) Everything Everywhere Ltd (2) Hutchison 3g UK Ltd (interveners): British Telecommunications Plc (appellant) v Office of Communications (respondent) ...
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Intellectual Property
Broadcasters - Costs capping orders - Deception - Unfair advantage - Trainee solicitors (1) A&E Television Networks LLC (2) AETN UK v Discovery ...
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Public sector equality duty
If you want a sombre take on equality then seventeenth-century poet James Shirley is your man. For he reminds us that we all share a certain mortal destiny. And since death will eventually lay ‘his icy hand on kings’ so ‘Sceptre and crown/Must tumble down/And ...
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Criminal procedure
Adjournment - Disclosure - Due diligence - Adjournment of trial date R (on the application of Arshad) (claimant) v Southwark Crown Court (defendant) & Mohammed Butt (interested party): DC (Lord Justice Thomas, Mr Justice Kenneth Parker): 5 May 2011 ...
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The legal context of FIFA corruption claims
Is FIFA a law unto itself? Jeremy Summers considers the legal context of Lord Triesman’s allegations that FIFA executive members sought bribes in return for backing England’s 2018 World Cup bid Although football will ...
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Law firms and disreputable private investigators
The legal profession is probably the most prolific source of work for private investigators, or enquiry agents, as they are more commonly known in the profession. But have you ever stopped to ask to ask yourself 'Who really is the enquiry agent that I ...
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Civil procedure
Administration of justice - Delay - Judgments and orders Grahame Henry Bond v (1) Dunster Properties Ltd (2) Dunster Holdings Ltd (3) Grahame Miles James Bond: CA (Civ Div) (Lord Neuberger of Abbotsbury, Lady Justice Arden, Lord Justice Longmore): ...
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Personal injury
Asbestos - Duty of care - Proximity David Brian Chandler v Cape Plc: QBD (Mr Justice Wyn Williams): 14 April 2011 The court was required to determine whether a duty ...
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Insolvency
Jurisdiction - Liquidation - Remuneration On the matter of Eurodis Electron Plc (in administration): in the matter of Eurodis Electronics Plc (in administration): in the matter of Eurodis Electronics UK Ltd (in administration): in the matter of Eurodis Electron ...
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Case management
The decision in R (Firth) v Epping Magistrates’ Court [2011] EWHC 388 (Admin) will, in a number of cases, make it difficult for solicitors to assist the court in case management following a ‘not guilty’ plea. Ms Firth was arrested for common assault and entered ...