News – Page 271
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News
Presumption of death; intestacy and polygamous marriages
There have been some rather unusual recent cases that invite comment. In Bayes-Walker and another v Bayes-Walker and others [2010] EWHC 3142 (Ch) the High Court made a declaration that a missing RAF sergeant was to be presumed dead for the purposes of rights to a ...
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Essential Family Procedure Rules 2010
The law is unchanged. Therefore so is the terminology taken from the primary legislation, whatever relabelling the procedural changes purport to make. For example, Matrimonial Causes Act 1973 section 1 speaks of ‘petitions for divorce’. In the Family Procedure Rules ...
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Immigration
Penology and criminology - Absconding - Category D prisoners - Classification R (on the application of Gregory Omoregbee) (Claimant) v (1) Secretary of State for Justice (2) Governor of Hewell Prison (Defendants) and UK Border Agency (Interested Party): CA ...
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Human rights
Freezing orders - Lists - Right to a fair trial - Terrorists Secretary of State for the Foreign Office and Commonwealth Affairs v (1) E Maftah (2) A Khaled: CA (Civ Div) (Lord Judge LCJ, Lord Justice Sedley, Lady ...
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Administrative law
Licensing - Local government - Irrationality - Legitimate expectation Corporation of the Hall of Arts and Sciences (Appellant) v Albert Court Residents Association and Ors (Respondents) and Westminster City Council (Additional Party): Westminster City Council (Appellant) v Albert Court ...
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Team GB: world police?
It is said that it is far better to give than to receive. That may be so, but under the Bribery Act 2010 both may be an offence, so ‘receiving’ may now have the edge. After a false start or two, the act will finally come ...
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Personal injury
Health and safety at work - Codes of practice - Employers’ liability - Noise Stephanie Baker (Respondent) v (1) Quantum Clothing Group (2) Pretty Polly Ltd (3) Meridian Ltd (Appellants): SC (Justices of the Supreme Court: Lords Mance, Kerr, ...
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Local government
Human rights - Social welfare - Child protection - Disclosure (1) H (2) L v A City Council: CA (Civ Div) (Lord Justices Pill, Hooper, Munby): 14 April 2011 The ...
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How to manage staff after the removal of the default retirement age
Until 6 April this year, 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. ...
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Amendments to Civil Procedure Rules
There were four sets of amendment rules in 2010 and there has already been one set in 2011. Previous articles have dealt with the Civil Procedure (Amendment) Rules 2010 (SI 2010/621) – which accompanied the Pre-Action Protocol for Low Value Personal Injury Claims in ...
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Civil procedure
Intellectual property - Cross-undertakings - Ex turpi causa - Illegality (1) Les Laboratoires Servier (2) Servier Laboratories Ltd v (1) Apotex Inc (2) Apotex Pharmachem Inc (3) Apotex Europe Ltd (4) Apotex UK Ltd: Ch D (Patents Ct) (Mr ...
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Employment
Discrimination - Compensatory awards - Maternity leave - Polkey reductions Eversheds Legal Services Ltd v J De Belin: EAT (Mr Justice Underhill (president), B Beynon, T Haywood): 6 April 2011 ...
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Company law
Equitable charges - Pledges - Security - Shareholders Enviroco Ltd v Farstad Supply A/S: SC (Lords Hope (deputy president), Rodger, Mance, Collins, Clarke): 6 April 2011 The appellant Scottish company ...
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Family law
Human rights - European Court of Human Rights - International Child Abduction - Rights of custody Re E (Children) sub nom (1) KE (2) TB (Appellants) v SE (Respondent) and (1) Reunite (2) Aire Centre (Interveners): CA (Civ Div) ...
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Proportionality and housing possession – the sequel
On 23 February the Supreme Court gave judgment in what was effectively episode two of the housing possession proportionality drama (see the conjoined appeal in London Borough of Hounslow v Powell [2011] UKSC 8). Back in November 2010 the Supreme Court had made an important ...
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Family law
Contact orders - Enforcement - Parental contact - Residence orders Re H (A Child): CA (Civ Div) (Lord Justices Thorpe, Tomlinson): 7 April 2011 The appellant mother (M) appealed against ...
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Immigration
Human rights - Duty of care - Compensatory damages Home Office v Mohammed and Ors: CA (Civ Div) (Lord Justices Sedley, Thomas, Hooper): 29 March 2011 The appellant Home Office ...