News – Page 273
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News
Employment
Negligence - Asbestos - Burden of proof Karen Sienkiewicz (administratrix of the estate of Enid Costello, deceased) v Greif (UK) Ltd: Knowsley Metropolitan Borough Council v Willmore: SC (Lords Phillips, Rodger, Brown, Mance, Kerr, Dyson, Lady Hale): 9 March ...
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Personal injury
Autistic spectrum disorder - Employers’ liability Janet Vaile v Havering London Borough Council CA (Civ Div): (Lords Justices Longmore, Etherton, Sir David Keene): 11 March 2011 The appellant former teacher ...
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Conveyancing Protocol update
The Conveyancing Quality Scheme (CQS) is building up a head of steam. The first firms have been accredited. Applications are coming in thick and fast. The concept of raising standards is hardly controversial, but giving practitioners the tools to work within the scheme has been an ...
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Low exposure asbestos claims
The recent Supreme Court ruling does clarify the tests the courts should apply and will make it easier for victims with relatively low exposure to asbestos to succeed in claims, but significant hurdles still remain for many mesothelioma victims who do not know exactly where or when they were exposed ...
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Outcomes-focused regulation: the emperor’s new clothes?
In just a few weeks the new Solicitors Regulation Authority Handbook will be released and in less than eight months the new regulatory regime comes into force. Many law firms, and alternative business structures, are only just beginning to consider what outcomes-focused regulation will really mean for their daily practices. ...
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Family law
Civil evidence – Local government – Care proceedings H v City & County Of Swansea & Ors: CA (Civ Div) (Lady Justice Arden, Lords Justices Black, Richards): 2 March 2011 ...
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Immigration
Administrative law – Asylum seekers – Judicial review R (on the application Of MN (Tanzania)) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justices Kay, Moses, Sullivan): 4 March 2011 ...
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UK Border Agency and proposals to change immigration rules
On 16 February, the UK Border Agency (UKBA) released a Statement of Intent detailing proposals to change the eligibility criteria for the Points-Based System (PBS) Tier 2 migrants and the operation of permanent limits on certain Tier 2 applications. Additionally proposals to change the criteria ...
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Local government
Education – Social welfare – Looked-after children R (on the application of O (by his litigation friend Andrew Burton)) (Appellant) v East Riding of Yorkshire County Council (Respondent) & Secretary of State for Education (Intervener) (2011): CA (Civ Div) ...
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Employment
Civil procedure – Industrial action – Interim injunctions National Union Of Rail, Maritime & Transport Workers v Serco Ltd (T/A Serco Docklands): Associated Society Of Locomotive Engineers & Firemen v London & Birmingham Railway Ltd (T/A London Midland): CA ...
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Legal funding
Legal advice – Local government – Insurance D Sousa v Waltham Forest London Borough Council: CA (Civ Div) (Lords Justices Ward, Moore-Bick, Etherton): 3 March 2011 The appellant local authority ...
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High time to investigate insurer delay
As the Ministry of Justice wades through stakeholders' views on proposed reforms to civil litigation, there is an imperative to investigate the critical, yet largely undocumented issue, of defendant behaviour in the personal injury claims process. So far, the debate about rising costs and delays has focused solely on claimant ...
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Local authority surveillance
In January, the Home Office published its long-awaited review of counter-terrorism and security powers. Amid all the headlines and controversy about control orders for suspected terrorists, it is easy to miss the proposed changes to local authorities’ powers to carry out surveillance under the Regulation of ...
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Reinventing intellectual property litigation
The Patents County Court has undergone a major makeover, to make it the venue of choice for small-to-medium-sized intellectual property disputes. Intellectual property is generally seen as being a good thing, both for businesses or the individuals that own it, and for society at large. Patents ...
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Radical shakeup of social housing is potentially damaging
The Law Society has been coordinating responses from members of its relevant committees (planning, conveyancing and housing) to large parts of the Localism Bill. This is the bill that proposes to bring in far-reaching plans to devolve power to the local community to build on the government’s idea of the ...
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Disbursement? VAT depends…
A common query posed to VAT advisers is: can a particular cost be recharged without VAT as a disbursement? Well, that depends. The recent case of Barratt, Goff & Tomlinson (BGT) [MAN/2009/0219] highlights just how muddy the issue of disbursements has become. The appellant was ...
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Failure to manage your data could be criminal
The way a law firm handles information could represent a ticking time bomb. Every document you file carries legal, financial and practical implications for your business. It is vital to understand these implications, and the actions required to protect the business and its clients.
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Tenancy deposits
Since 6 April 2007, the well-worn road of disputes about the return of tenants’ deposits has taken a new turn with the statutory obligation on the landlord to protect the deposit within an authorised tenant deposit scheme (section 213 Housing Act 2004). ...