News – Page 272
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News
Human rights
Damages - Penology and criminology - General damages R (on the application of Daniel Faulkner) v (1) Secretary of State for Justice (2) Parole Board: CA (Civ Div) (Lord Justices Sedley, Hooper, Wilson): 29 March 2011 ...
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Civil evidence
Expert evidence - Expert witnesses - Immunity from suit - Justification Paul Wynne Jones v Sue Kaney: SC (Justices of the Supreme Court: Lords Phillips (president), Hope (deputy president), Brown, Collins, Kerr, Dyson, Lady Hale): 30 March 2011 ...
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Principles of privilege
In R v Seaton [2010] EWCA Crim 1980, the Court of Appeal reviewed the law of legal professional privilege in the context of police station advice, and appears to have developed the law regarding the way in which ‘no comment’ interviews may be handled by advocates at trial. ...
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Disclosure of expert medical evidence
If a claimant instructs expert A, but then does not wish to rely upon the content of his report, can he instruct expert B without having to disclose expert A’s report? The assumption that claimant lawyers have historically made is ‘yes’ – privilege applies.
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Open and ready for business? Changes in immigration
A Statement of changes in Immigration Rules, detailing changes due to come into force yesterday, was laid before parliament on 16 March. The statement announced changes to the Tier 1 category of the points-based system (PBS), as expected, and in particular to the Tier 1 ...
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Civil evidence
Police - Criminal investigations - Remuneration - Trustees in bankruptcy Andrew v Newsgroup Newspapers Ltd and Ors: Ch D (Mr Justice Vos): 18 March 2011 The claimant sports agent (X) ...
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Insolvency
Practice statements - Proportionality - Remuneration - Trustees in bankruptcy Helen Brook v Nicholas Edward Reed (trustee in bankruptcy of the estate of Helen Brook): CA (Civ Div) (Lady Justice Arden, Lord Justice Black, Mr Justice David Richards): 25 ...
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Criminal procedure
Appeals - Forfeiture - Notices of hearing - Proceeds of Crime Act R (on the application of Nashika Harrison) v (1) Birmingham Magistrates’ Court (2) Chief Constable of West Midlands: CA (Civ Div) (Lords Justices Pill, Hooper, Munby): 25 ...
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Civil procedure
Civil Procedure Rules - Media and entertainment - Anonymity - Breach of confidence (1) Zac Goldsmith (2) Sheherazade Goldsmith v BCD: Jemima Khan v BCD: QBD (Mr Justice Tugendhat): 22 March 2011 ...
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Immigration
Damages - Human rights - Torts - Deportation Walumba Lumba v Secretary of State for the Home Department: Kadian Mighty v Secretary Of State for the Home Department: SC (Justices of the Supreme Court Lord Phillips, Lord Hope, Lord ...
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Bribery Act guidance
It is now 13 years since the UK committed to fulfil its obligations under the OECD Anti-Bribery Convention, and almost nine years since it became a signatory to the UN Convention against Corruption. In that time, there has been an unremitting flow of effort aimed ...
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Surveyors need solicitors to be up-to-date on dilapidations cases
Advances in construction techniques and material science have allowed for the design of more colourful and exciting buildings over the last twenty years. As well as new buildings, old buildings can be given a new lease of life by re-cladding the exterior, using these new ...
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International document management
In a globalised environment where legal and regulatory matters can involve corporate subsidiaries spanning multiple jurisdictions, moving data from one country to another in order to respond to these matters can lead to significant legal, political and social challenges. The need to collect, review and produce ...
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Social security
EU nationals - Habitual residence - Indirect discrimination - Justification Galina Patmalniece v Secretary of State for Work and Pensions: SC (Lord Hope (deputy president), Justices of the Supreme Court Lord Rodger, Lord Walker, Lady Hale, Lord Brown): 16 ...
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Civil Procedure
Extradition - Appeal notice - European Arrest Warrants - Time limits Kane v Spain: QBD (Admin) (Mr Justice Collins) 17 March 2011 The appellant (K) appealed against a decision of ...
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Civil Procedure
Charities - Conditional permission - Permission to appeal - Protective costs orders R (on the application of Medical Justice) v Secretary of State for the Home Department: CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Lords Justices Hooper, Rimer): ...
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Family Procedure Rules
The new Family Procedure Rules come into effect on 6 April. They are a welcome step in consolidating the existing disparate set of rules. They provide a single set of rules for family proceedings whether in the High Court, county courts or magistrates’ courts. No ...
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Family law
Babies - Habitual residence - Jurisdiction - Parental responsibility Barbara Mercredi v Richard Chaffe: CA (Civ Div) (Lords Justices Thorpe, Elias): 17 March 2011 The appellant mother (M) appealed against ...
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Valuable guidance on indemnity costs
In a previous update I commented on the case of Noorani v Calver [2009] EWHC 592 (QB). This case illustrated some of the factors which the courts are likely to take into account in assessing whether to award indemnity costs. In Noorani, Mr Justice Coulson considered ...