News – Page 281
-
News
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) ...
-
News
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 ...
-
News
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.
-
News
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.
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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): ...
-
News
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.
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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.