News – Page 275
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News
Local government
Legal advice and funding – Champerty – Conditional fee agreements – Indemnity clauses Danri Morris and Anor v Southwark London Borough Council: CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Lords Justices Lloyd, Gross): 25 January 2011 ...
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Civil procedure
Civil evidence – Affidavits – Case management – Committal for contempt (1) Consolidated Contractors International Co SAL (2) Consolidated Contractors (OIL and GAS) Co SAL v Munib Masri: CA (Civ Div) (Sir Anthony May (president QB), Lords Justices Smith, ...
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Redefining the defence of fair comment
Most parents have experienced the plaintive cry of ‘it’s not fair!’ hurled from the mouths of offspring made to tidy their rooms or deprived of the must-have of the moment. But the words have also recently sprung from the lips of our judiciary and government ...
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Family lawyers should adapt to challenging new market
This is going to be a tough year for family lawyers. For many, the recession has already affected their practices, with a decline in divorce figures and a reluctance on the part of clients to engage solicitors as fully as they did beforehand. It is ...
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Accountancy
Autrefois acquit - Cause of action estoppel - Disciplinary procedures - Abuse of process R (on the application of Coke-Wallis) v Institute of Chartered Accountants in England and Wales: SC (Lords Phillips, Rodger, Collins, Clarke, Dyson): 19 January 2011 ...
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Competition law
Transport - Abuse of dominant position - Causation - Coal industry Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd: CA (Civ Div) (Lords Justice Jacob, Lloyd, Patten): 19 January 2011 ...
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Personal injury
Negligence – Hospitality and leisure – Breach of duty of care – Foreseeability Everett and Anor v Comojo (UK) Ltd (T/A the Metropolitan and Ors): CA (Civ Div) (Lords Justices Rix, Richards, Lady Justice Smith): 18 January 2011 ...
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Criminal procedure
Sentencing - Discharge of jury - Disclosure - Jury tampering R v (1) John Twomey (2) Peter Blake (3) Barry Hibberd (4) Glen Cameron: CA (Crim Div) (Lord Chief Justice Lord Judge, Mr Justice Rafferty, Mr Justice Roderick Evans): ...
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Environment
European Union – Local government – Planning – Conservation Morge v Hampshire County Council: SC (Lords Walker, Brown, Mance, Kerr, Lady Hale): 19 January 2011 The appellant objector (M) appealed ...
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Treatment of inherited assets upon divorce
Ever since the House of Lords decision in White v White [2000] UKHL 54, there has been an ongoing debate among family lawyers regarding the treatment of inherited assets upon divorce. As Lord Nicholls stated in White: ‘The judge should take it into account. He should decide how important it ...
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Immigration
Compassionate grounds – HIV – Leave to remain – Medical treatment SG (Zimbabwe) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justices Sedley, Rimer, Sullivan): 12 January 2011 ...
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Immigration
Human rights – Asylum – Children’s welfare – Failed asylum seekers R (on the application of (1) Reetha Suppiah (2) Danahar Govindasamy (a child by his litigation friend Reetha Suppiah) (3) Emmanuel Govindasamy (a child by his litigation friend ...
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Administrative law
Discrimination – Employment – Government administration – Department for Business Innovation and Skills R (on the application of Cordant Group Plc) (claimant) v Secretary of State for Business, Innovation and Skills (defendant) and HM Treasury (interested party): QBD (Admin) ...
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Freedom of information: who 'holds' project licences?
The Freedom of Information Act 2000 (FoI) applies to information which is held by a public authority at the time it receives an access request. The First Tier Tribunal (Information Rights) recently examined the sometimes difficult question of when information is ‘held’ in ...
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Direct access to the bar
We always caution ourselves against stereotyping, but sometimes we just cannot help ourselves. The first time I ventured into London as a tyro lawyer to consult with the barrister my firm had instructed for a tricky commercial litigation, I was delighted to find my prejudices confirmed. A threadbare carpet, an ...
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Intellectual property
Infringement - Trade marks – Irreparable harm – Balance of injustice Cowshed Products Ltd v (1) Island Origins Ltd (2) Patrick O’Connor (3) Bianca O’Connor: Chd (Judge Birss QC): 17 December 2010 ...