News – Page 282
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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): ...
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Civil Procedure Rules 2009 - update
The second set of amendments to the Civil Procedure Rules (CPR) for 2009 were contained within the Civil Procedure (Amendment No2) Rules 2009 (SI 2009/3390) and the much longer update 51 which effected changes to the CPR Practice Directions. Unless otherwise stated, the changes were effective from 6 April 2010. ...
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Criminal law - procedural amendments
On 5 April 2010, the Criminal Procedure Rules were consolidated into a new edition, but the opportunity was also taken to make a series of amendments. Part 29 now provides for special measures to assist defendants in relation to witness anonymity orders.
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Employment
Administrative law – Health – Compensation – Compensation agreements Rose Gibb v Maidstone and Tunbridge Wells NHS Trust: CA (Civ Div) (Lords Justices Laws, Sedley, Rimer): 23 June 2010 The ...
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Human rights
Pensions – Discrimination – Gender reassignment – Retirement age Christine Jennifer Timbrell v Secretary of State for Work and Pensions: CA (Civ Div) (Lords Justices Thorpe, Moore-Bick, Aikens): 22 June 2010 ...
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Landlord and tenant
Local government – Date of termination – Death – Tolerated trespass Austin (FC) (appellant) v Southwark London Borough Council (respondent): SC (Lords Hope, Walker, Brown, Kerr, Lady Hale): 23 June 2010 ...
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Criminal law
Businesses – Commercial offences – False descriptions – Labelling R v Elizabeth Lee: CA (Crim Div) (Lord Justice Aikens, Mr Justice Royce, Judge Radford (Recorder of Redbridge)): 24 June 2010 ...
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Social security
Education – Carer's allowance – Courses – Full-time students Secretary of State for Work and Pensions v Amanda Deane: CA (Civ Div) (Lords Justices Ward, Hughes, Lady Justice Hallett): 23 June 2010 ...
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Human rights
Terrorism – Control orders – Right to liberty and security Secretary of State for the Home Department (respondent) v AP (appellant): SC (Lord Phillips, Lord Saville, Lord Rodger, Lord Walker, Lord Brown, Lord Clarke, Sir John Dyson): 16 June ...
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Criminal law: new offences, amendments and provisions
Significant parts of the Coroners and Justice Act 2009 took effect during the spring of this year. On 1 February section 59 was brought into force amending the Suicide Act 1961. For the old offence under section 2, there is now substituted a provision that ‘a person (D) commits an ...
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Criminal procedure
Admissibility – Confessions – Theft – Trial within a trial R v Bhavna Dhorajiwala: CA (Crim Div) (Lord Justice Aikens, Mr Justice Slade, Judge Wadsworth QC): 9 June 2010 The ...
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Immigration
Asylum – Ethiopia – Persecution – Refugees Secretary of State for the Home Department v St (Eritrea): CA (Civ Div): (Sir Anthony May (president QB), Lords Justices Longmore, Stanley Burnton)9 June 2010 ...
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The law regarding entrapment
The law is unclear as to how much protection is afforded to those entrapped by undercover journalists into committing criminal offences, says David Sleight
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Civil procedure
Automatic striking out – Litigants in person – Non-compliance – Unduly harsh sanction Kinsley v Commissioner of Police for the Metropolis: CA (Civ Div): (Lords Justices Ward, Thomas, Pitchford): 9 June 2010 ...