News – Page 281
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Insolvency
Administration – Insolvency practitioners’ proposals – Law firms – Pre-pack administrations In the matter of Halliwells LLP sub nom Halliwells LLP v (1) Shay Bannon (2) Dermot Power (administrators): Ch D (Mr Justice Kitchin): 30 July 2010 ...
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Real property
Agency – Equity – Professional negligence – Estoppel by representation Jean Sarah English v (1) Colin English & Yvonne English (2) Hodge Jones & Allen (a firm) (3) Swift Advances plc: Ch D (Judge David Cooke): 3 August 2010 ...
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Criminal law
Acquisition of criminal property – Fraudulent dealing – Mens rea – Money laundering R v Michael Geary: CA (Crim Div) (Lord Justice Moore-Bick, Mrs Justice Rafferty DBE, Judge Gilbert QC): 30 July 2010 ...
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Establishing causation when an injury has more than one cause
Where an injury could have had more than one cause, what must be proved to establish causation? This issue has engaged the House of Lords on several occasions, and two differing answers have been forthcoming. The differing and inconsistent tests are categorised as the ‘material contribution’ test and the ‘but ...
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The Human Rights Act at war
Helen Grimberg and Mike Brown assess the impact of a recent Supreme Court decision on the right of soldiers to sue for damages when they are injured during foreign combat ...
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Criminal procedure
Change of plea – Postal pleas – Right to change plea after hearing Michael John Rymer v Director of Public Prosecutions: DC (Lord Justice Hooper, Mr Justice Rafferty): 21 July 2010 ...
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Human rights
Duty to undertake effective investigation – Inhuman or degrading treatment – Iraq Ali Zaki Mousa & Ors (claimants) v Secretary of State for Defence (defendant) & Legal Services Commission (interested party): DC (Sir Anthony May (President QB), Mr Justice ...
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Public health – back to the future
We humans are a discontented lot, constantly seeking release from the imprisonment of the present. Fashions ebb and flow; and if you wait long enough, what was already obsolete yesterday will surely become today’s ‘must-have’. Thus, as Shakespeare’s clown in Twelfth Night would have it, ‘... the whirligig of time ...
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Consumer contracts - we need an independent ombudsman
It’s not realistic for consumers to seek redress in the courts for unfair contract terms, says Dr Olufemi Amao. We need an independent ombudsman scheme Since the introduction of the Unfair Terms in Consumer ...
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Civil procedure
Costs – Human rights – Demonstrations Rebecca Hall and Others v Mayor of London (on behalf of the Greater London Authority): CA (Civ Div) (Lord Neuberger of Abbotsbury, Master of the Rolls, Lady Justice Arden, Lord Justice Stanley Burton): ...
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Information law: the future
The coalition government has announced a series of legislative proposals and initiatives which will have a big impact on information law. David Cameron has said he wants to rip off the ‘cloak of secrecy’ around government and public services and extend transparency as far as possible.
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Criminal procedure
Road traffic – Aiding and abetting – Death by dangerous driving – Jury directions R v Paul David Martin: CA (Crim Div) (Lord Justice Hooper, Mr Justice Gross, Judge Moss QC): 6 July 2010 ...
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Immigration
Homosexuality – Persecution – Refugees HJ (Iran) v Secretary of State for the Home Department: HT (Cameroon) (appellant) v Secretary of State for the Home Department: SC (Lords Hope, Rodger, Walker, Collins, Sir John Dyson): 7 July 2010 ...
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Administrative law
Penology and criminology – Imprisonment – Release on licence R (on the application of Ellerton) v Secretary of State for Justice: CA (Civ Div) (Lords Justices Sedley, Richards, Goldring): 7 July 2010 ...
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Probate – resulting trust and joint bank accounts
Joint bank accounts often give rise to problems on death, either because of uncertainty as to the extent of the deceased’s interest or because of uncertainty as to the correct inheritance tax (IHT) treatment.
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How to cross the TUPE minefield
The transfer of undertakings minefield should not be allowed to obliterate new business opportunities. Gordon Turner offers guidance how to cross it safely
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Family law: Barder appeals – recent developments
There has recently been a series of Barder appeals, all based upon a significant change in the value of an asset soon after the final order was made. None of them have succeeded. As Thorpe LJ stated in Myerson v Myerson [2009] EWCA Civ 282, ‘very few successful applications have ...
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Sentencing
Penology and criminology – commencement provisions – concurrent sentences – custody plus orders R (on the application of Noone) (FC) v Governor of Drake Hall Prison and Anor: SC (Lords Phillips, Saville, Brown, Mance, Judge): 30 June 2010 ...
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Human rights
Administration of justice – armed forces – inquests – jurisdiction R (on the application of Smith) (respondent) v Secretary of State for Defence (appellant): SC (Lords Phillips (president), Hope (deputy president), Rodger, Walker, Brown, Mance, Collins, Kerr, Lady Hale): ...