News – Page 279
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Civil procedure
Costs - Insolvency - Local government - Bankruptcy petitions Banfield v Harrow London Borough Council: ChD (Mr Justice Lewison): 6 October 2010 The appellant (B) appealed against a costs decision ...
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Intellectual property
Equity - Median and entertainment - BBC - Breach of confidence BBC v (1) Harpercollins Publishers Ltd (2) Ben Collins (3) Collins Autosport Ltd: Ch D (Mr Justice Morgan): 4 October 2010 ...
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Improperly obtained documents in divorce proceedings
In light of the Court of Appeal’s decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of improperly obtained documents.
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Environment
Planning – Authorisations – Inspectors – Waste disposal Berry & Marshall (Bolton Wood) Ltd (claimant) v Secretary of State for Environment, Food and Rural Affairs (defendant) and (1) Environment Agency (2) Bradford Metropolitan Borough Council (interested parties): QBD (Admin) ...
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Local authorities and surveillance
For the first time in its history, the Investigatory Powers Tribunal (IPT) has published a ruling concerning a local authority’s use of surveillance powers under part 2 of the Regulation of Investigatory Powers Act 2000 (RIPA).
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How law firms can reduce the cost of property liabilities
Without question, the use of property by legal firms as both a financial and strategic tool has evolved very quickly in the past three years, aided by the recession. It has transformed from a traditional ‘place to do work’ to one with a myriad of agendas. ...
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Wills and testamentary capacity
Perrins v Holland and others [2010] EWCA Civ 840 Mr Justice Lewison had applied the principles of Parker v Felgate (1883) 8 PD 171 to declare a will valid where the testator had given instructions in April 2000 but did not execute the ...
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A Tanzanian teaching experience
One of the greatest rewards for any coach, mentor or trainer in the development process is to be able to help individuals and teams realise their potential and develop their talent. The ‘dream’ scenario is that, before your eyes, skills are gradually mastered, performance improved and confidence built and sustained, ...
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A change in direction on electronic disclosure
The introduction of Practice Direction 31BOn 1 October 2010, a new practice direction, 31B on the disclosure of electronic documents comes into effect. The new practice direction is designed to encourage and assist the parties to reach agreement on the disclosure of electronic ...
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Neighbour boundary disputes
The days when solicitors spent hours poring over plans drawn on ancient conveyances are long gone. Articled clerks (as they were then called) spent days tracing land ownership through successive generations. The carefree draftsperson cobbled together a parcels clause, or adopted unquestioningly a re-photocopied plan thereby doubling the width of ...
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Civil procedure
Insurance – Conflict of laws – Applicable law – Choice of law Stonebridge Underwriting Ltd v Ontario Municipal Insurance Exchange: QBD (Comm) (Mr Justice Christopher Clarke): 10 September 2010 The ...
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Local government
Employment – Equal pay questionnaires – Statutory grievance procedures DM Birch and 99 others v (1) Walsall Metropolitan Borough Council (2) Housing 21 Ltd (3) Sodexo Healthcare Services Ltd (4) Pinnacle Housing Ltd: EAT (Mrs Justice Cox): 10 September ...
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Employment
Discrimination – Comparators – Reasons – Unfair dismissal JP Morgan Europe Ltd v R Chweidan: EAT (Judge Serota QC, A Gallico, K Mohanty): 26 August 2010 The appellant employer (M) ...
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Negligence
Contractual liability – Exclusion clauses – Liability insurance – Burden of proof Omega Proteins Ltd v Aspen Insurance Uk Ltd: QBD (Comm) (Mr Justice Clarke): 10 September 2010 The claimant ...
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Legal advice
Equal treatment – Legal Services Commission – Legitimate expectation – Tender period Azam & Co Solicitors v Legal Services Commission (2010) CA (Civ Div) (Lords Justices Pill, Rimer, Sullivan): 10 September 2010 ...
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Terminating agency agreements – watch your language
The court in Stephen Gledhill v Bentley Designs (UK) Limited [2010] EWHC B8 (Mercantile) considered whether the principal (the defendant) had lawfully terminated the agency agreement on grounds that the agent’s (the claimant) purported abusive conduct had amounted to a fundamental breach of contract and thereby justified the termination.
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What a HIP-free property landscape will mean for conveyancers
Jan Boothroyd considers the new HIP-free property landscape and what this will mean for conveyancers