News – Page 280
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How can law firms find the value in their brand?
Intellectual property makes a significant contribution to businesses in almost every sector. The law is no exception. A law firm’s intellectual property, such as trademarks, reputation, copyright, websites and client relationships, can be considered individually or collectively as the brand. Law firm brands are highly valuable, serve many purposes and ...
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Immigration
Administrative decision-making – Armed forces – Character – Conduct R (on the application of Charly Ngouh) v Secretary of State for the Home Department: QBD (Admin) (Mr Justice Foskett): 27 August 2010 ...
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Sentencing
Criminology – Long-term prisoners – Rape – Release on licence R (on the application of Webb) v Secretary of State for Justice: CA (Civ Div) (Lords Justices Pill, Wilson, Sullivan): 8 September 2010 ...
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The Audit Commission and legal professional privilege
On 13 August 2010, communities and local government secretary Eric Pickles announced the Audit Commission’s forthcoming demise. He claimed that the commission had ‘lost its way’, moving from being a watchdog championing taxpayers’ interests to a ‘creature of the Whitehall state’.
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Employment
Gross misconduct – Law firms – Unfair dismissal Wilson Devonald Ltd v S Suckling: EAT (Judge Serota QC, D Evans CBE, P Gammon MBE): 3 August 2010 The appellant employer ...
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Civil procedure
Corporation tax – Costs – Group relief Revenue & Customs Commissioners v Marks & Spencer Plc: ChD (Mr Justice Warren): 27 August 2010 The court was required to determine outstanding ...
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Freedom of Information Act and exemptions to the rule
There is no single FoI exemption which covers such reports, and often they will be disclosable in their entirety because they will contain no specific information about surveillance operations. However, where this is the case, or the request is for wider information about surveillance activity, the section 31 exemption (law ...
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Personal injury interest calculation tables
The standard rate of interest on general damages for pain and suffering and loss of amenities in personal injury cases was fixed at 2% a year by the House of Lords in Birkett v Hayes [1982] 1 WLR 816; [1982] 2 All ER 70). This was confirmed as appropriate by ...
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Civil Procedure Rules 2010 – latest amendments
With one exception the Civil Procedure (Amendment No 2) Rules 2010, and related amendments to the CPR practice directions (PDs) in the 53rd update, come into force on 1 October 2010. Perhaps the most important changes are those which implement three recommendations in Lord Justice Jackson’s (pictured) report on ...
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Competition law and contractual interpretation
One of the more routine tasks of a competition lawyer is to review commercial agreements, or parts of agreements, in order to determine whether they unlawfully restrict competition. The Court of Justice in Commission v Anic Partecipazioni [1999] ECR I-4125 confirmed that the concept of agreements, decisions by associations or ...
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Mortgage fraud will cause problems for solicitors
The downturn in the global economy caused, as many believe by a property asset bubble, ended as all do by showing who was swimming naked when the tide went out. On this occasion it was the banks that for years had been fuelling the bubble with ...
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Immigration
Administrative law – Civil procedure – Education – Admissions R (on the application of A&S Training College Ltd) v Secretary of State for the Home Department: QBD (Admin) (Judge Birtles): 27 August 2010 ...
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The Digital Economy Act 2010 and online copyright infringement
The Digital Economy Act 2010 – legislation to fit Britain for the digital age, or the oppressive tool of capitalist lickspittles? You be the judge. Digital Britain was an impressive white paper published in June 2009 containing a raft ...
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Insolvency
Football – CVAs – Creditors’ meetings – Unfair prejudice Portsmouth City Football Club Ltd (in administration) sub nom Revenue & Customs v (1) Portsmouth City Football Club Ltd (in administration) (2) Andrew Andronikou (3) Peter Kubik (4) Michael Kiely ...
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Employment
Discrimination – Contract terms – Equal pay – Women S Brownbill & Ors v St Helens & Knowsley Hospital NHS Trust: EAT (Mrs Justice Cox): 6 August 2010 The appellant ...
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Succession
Estates – Mutual wills – Validity Angela Marilyn Charles (2) Derek Goddard (3) Anne Mabel Thompson v Jill Deborah Fraser: ChD (Jonathan Gaunt QC): 11 August 2010 The claimants (C) ...
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Changes to the law of homicide
In relation to acts or omissions on or after 4 October 2010, critical changes to the law of homicide are made by the Coroners and Justice Act 2009. The issues are dealt with in part 2 chapter 1. The first set of changes deals with diminished ...
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Consumer challenges to bank charges and loan agreements
I have this recurring image of an enormous office populated by eye-shaded clerks sitting at narrow desks, poring through every word, sentence and paragraph of current consumer legislation, looking for some infinitesimal sign of weakness, some feeble link in the chain of rules and regulations.
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Challenging arbitration awards
One of the fundamental policy reasons behind the enactment of the Arbitration Act 1996 was the need to allow parties to resolve their disputes through arbitration and without judicial intervention.