News – Page 276
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News
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 ...
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Scouting – social value and balancing risk
The Scout Association v Barnes [2010] EWCA Civ 1476 (Lord Justice Ward, Lady Justice Smith and Lord Justice Jackson) When 13 years of age, the claimant suffered injuries valued at £7,000 in an accident ...
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How can trustees decide which investment vehicle is best?
The dramatic volatility of stock markets over the past decade has shaken investors’ belief in the traditional approaches to investment, and trustees are in danger of exposing their beneficiaries to undue risk by failing to review their portfolios. This article looks at two major investment vehicles which facilitate diversification – ...
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Lawyers' part in reducing clients' pension deficits
On 10 December 2010, Mr Justice Briggs ruled in the High Court that any Financial Support Direction (FSD) or Contribution Notice (CN) from The Pensions Regulator (TPR) issued against an insolvent company will rank as an administration expense, and therefore take priority over other liabilities such as bank loans. This ...
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The benefits of joining the residential conveyancing scheme
Despite the challenges from licensed conveyancers, it is believed that between 85% and 90% of the conveyancing market are solicitors. However, it is hard to tell how accurate this figure is. Of only 600,000-800,000 transactions last year (which includes remortgages), the largest Land Registry users include Enact and My Home ...
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An important appeal court judgment relating to contact orders
The decision of the Court of Appeal in the matter of L-W Children [2010] EWCA Civ 1253 has surprised many people. Some have probably used even stronger language. It is probably best if, in this article, I concentrate on analysis and practicalities. ...
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Probate update: RSPCA appeals
What an exciting month December was. We got decisions in the two big RSPCA appeals. In Gill v RSPCA [2009] EWHC 2990 (Ch), at first instance the court held that the will which disinherited Mrs Gill’s only daughter, leaving everything to the RSPCA, was invalid. It ...
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Sentencing
Deterrence – Undue leniency Attorney General’s Reference (nos 37, 38 and 65 of 2010) sub nom R v (1) Shahawaz Ali Khan (2) Raza Ali Khan (3) Perveen Khan: CA (Civ Div) (Lord Justice Pitchford, Mr Justice Henriques, Judge ...
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Company law
Share valuation – Unlawful distribution of capital Progress Property Co Ltd v Moorgarth Group Ltd: Sup Ct (Lords Phillips (President), Walker, Mance, Collins, Clarke): 8 December 2010 The appellant company ...
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Social security
Common law rights – Overpayment of benefits R (on the application of Child Poverty Action Group) v Secretary of State for Work & Pensions: Sup Ct (Lords Phillips (president), Rodger, Brown, Kerr, Sir John Dyson): 8 December 2010 ...
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Real property
Easements – Right to drive cattle Dewan & Ors v Lewis: CA (Civ Div) (Lords Justices Carnwath, Elias, Pitchford): 9 December 2010 The appellants (D) appealed against a decision that ...
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Legal advice
Access to justice – Disability equality duty – Mental health – Tender process Public Interest Lawyers v Legal Services Commission: QBD (Admin) (Mr Justice Cranston): 13 December 2010 The claimant ...
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Human rights
Detention – Drug trafficking – Right to life – Death of drug smuggler Ayesha Al Hassan-Daniel (in her own right and as representative of the estate of Anthony Daniel, deceased) & Anor (appellants) v Revenue & Customs Commissioners (respondent) ...
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Human rights
Local government – Penology and criminology – Declarations of incompatibility Peter Chester v (1) Secretary of State for Justice (2) Wakefield Metropolitan District Council: CA (Civ Div) (Lord Neuberger (MR), Lords Justices Laws, Carnwath): 17 December 2010 ...
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Family law
Administration of justice – Human rights – Jurisprudence – Children’s hearings Principal reporter v K: SC (Lords Hope (deputy president), Rodger, Kerr, Dyson, Lady Hale): 15 December 2010 The appellant ...
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Localism Bill – running the rule over council powers
The Localism Bill, published on 13 December, is a substantial and important piece of legislation. It has 207 clauses in eight parts and 24 schedules in 406 pages.