News – Page 277
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The ins and outs of obtaining information relating to debtors
It is a well-known scriptural principle that ‘unto every one that hath shall be given… but from him that hath not shall be taken away’. Extracting assets from the hath-nots, however, is not always easy, as the recent decision of the Court of Appeal in Broomleigh Housing Association Ltd v ...
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Important lessons from the new process for low-value RTA claims
Beset by problems such as delays in providing registration log-ins, several insurers not being registered on the system and countless technical hitches involving the online portal, many have described the new streamlined low value road traffic claims process as a shambles. With the Ministry of Justice introducing the new electronic ...
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Employment
Remuneration - Holidays with pay Russell and others v Transocean International Resources Ltd and others: Supreme Court (Lords Hope DP, Brown, Mance, Kerr and Wilson SCJJ): 7 December 2011 The ...
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How old is too old? Retirement ages for partners
Telling someone that they must stop work merely because they have reached a particular birthday is a blatant form of age discrimination. Laws prohibiting age discrimination came into force in 2006 and were this year incorporated, largely unchanged, in the new Equality Act. Age differs from ...
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Defamation
Defamatory statements – Defences – Fair comment – Libel Spiller & Anor v Joseph & Ors: SC (Lords Phillips (president), Rodger, Walker, Brown, Sir John Dyson): 1 December 2010 The ...
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Civil procedure
Coroners – Inquests – National security – Terrorism R (on the application of Secretary of State for the Home Department) v HM Coroner for Inner West London: DC (Lords Justices Maurice Kay, Stanley Burnton): 30 November 2010 ...
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Code of Conduct – conflicts of interest and conveyancing
Among the changes the Solicitors Regulation Authority is intending to make as part of its move to outcomes-focused regulation (OFR) in October 2011 is the removal of the detailed provisions, under rule 3 of the current Code of Conduct, on conflicts of interest, relating to when a solicitor may or ...
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The issue of what constitutes a legal adviser
When is a legal adviser not a legal adviser? Based on section 147 of the Equality Act 2010, it appears to be when he is a legal adviser. Confused? Many have been. At this time of year one’s thoughts often turn to compromise agreements. Yet as ...
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Criminal law – Sentencing Council guidelines
On 6 April 2010 the new Sentencing Council came into being. Previous guidelines are deemed to be guidelines of the council until they are reconsidered. Courts must now follow any relevant guideline unless it is satisfied that it would not be in the interests of justice to do so. Similarly, ...
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Family law
Administration of justice – Ancillary relief – Anonymity – Conspiracy Sally Ann Lykiardopulo (appellant) v Panaghis Nicholas Fotis Lykiardopulo (respondent) and Michael Lykiardopulo (interested party): CA (Civ Div) (Lords Justices Thorpe, Stanley Burnton, Tomlinson): ...
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Legal profession
Administrative law – Bias – Conflict of interest – Disciplinary tribunals R (on the application of Kaur) v Institute of Legal Executives Appeal Tribunal: QBD (Admin) (Mr Justice Foskett): 23 November 2010 ...
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Immigration
Administration of justice – Human rights – Asylum and immigration tribunal MA (Somalia) (respondent) v Secretary of State for the Home Department (appellant): SC (Lords Phillips (president), Walker, Mance, Sir John Dyson, Lady Hale): ...
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Recent cases of ‘voluntary erasure’ raise important issues
Should a doctor who is the subject of a current fitness to practise complaint before the General Medical Council (GMC) be permitted to retire from the medical register on the grounds of ill health, and thereby avoid a public fitness to practise hearing?
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Intellectual property
Conflict of laws - Information technology - Authorisation (1) Football Dataco Ltd (2) Scottish Premier League Ltd (3) Scottish Football League (4) PA Sport UK LTD v (1) Sportradar GMBH (a company registered in Germany) (2) Sportradar AG ...
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Immigration
Asylum - Asylum seekers - Persecution (1) RT (Zimbabwe) (2) SM (Zimbabwe) (3) DM (Zimbabwe) (4) AM (Zimbabwe) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justices Carnwath, Lloyd, Sullivan): 18 November 2010 ...
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Civil procedure
Discrimination – Equality and Human Rights Commission – Lay assessors S Deman v Commission for Equality and Human Rights and others: CA (Civ Div) (Lords Justices Sedley, Moses): 6 November 2010 ...
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Injunctions and protecting private information
Adakini Ntuli v Howard Donald [2010] EWCA Civ 1276 – ‘Why shud I continue 2 suffer financially 4 the sake of loyalty when selling my story will sort my life out?’
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The benefits of the Law Society’s Conveyancing Quality Scheme
The last 12 months have been very difficult for conveyancers. They have faced low volumes of transactions caused by ‘mortgage famine’, and consumer anxiety about the economy generally. This has been exacerbated by estate agents’ increasingly aggressive attitude towards referral fees.
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Electoral process
Election rules – Freedom of expression – Proportionality Robert Elwyn James Watkins v Philip James Woolas EWHC 2702 (QB) DC (Mr Justice Teare, Mr Justice Griffith Williams): 5 November 2010 ...