News – Page 287
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News
Criminal law: use of hearsay evidence; professional conduct
The Supreme Court in R v Horncastle [2009] UKSC14 has upheld the decision of the Court of Appeal that, in appropriate circumstances, the Crown may rely wholly or mainly on hearsay evidence to establish its case. The Court of Appeal had, however, emphasised the need to check the reliability of ...
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Family law
Civil procedure – Committal orders- Disclosure Re SC (children) sub nom SC v HC: CA (Civ Div) (Lords Justice Thorpe, Wall): 28 January 2010 The appellant wife (W) appealed against ...
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Human rights
Media and entertainment – Anonymity – Freedom of expression – Reporting restrictions In the matter of Guardian News and Media Ltd and Ors sub nom Mohammed Jabar Ahmed and Ors v HM Treasury: Mohammed Al-Ghabra v HM ...
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Immigration
Human rights – Convictions – Deportation JO (Uganda) v Secretary of State for the Home Department: JT (Ivory Coast) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justice Mummery, Richards, Toulson): 22 January 2010 ...
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Public procurement rules are causing dismay among contracting authorities
Like some mythical beast which rises from the depths of the legislative...
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Civil procedure
Conflict of laws – European Union – Real property Meletios Apostolides (appellant) v (1) David Charles Orams (2) Linda Elizabeth Orams (respondents) & British Residents’ Society (intervener): CA (Civ Div) (Lords Justice Pill, Lloyd, Sir Paul Kennedy): 19 ...
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Competition
Broadcsters – Media and entertainment acquisitions – Judicial review British Sky Broadcasting Group Plc v (1) Virgin Media Inc (2) Competition Commission (3) Secretary of State for Business, Enterprise & Regulatory Reform: CA (Civ Div) (Lords Justice Rix, Lloyd, ...
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Probate: revocation of will by subsequent formation of civil partnership
Revocation of will by subsequent formation of civil partnership: Court and Others v Despallieres [2009] EWHC 3340 (Ch).Section 18B (1) of the Wills Act 1837 contains provisions with regard to the revocation of a prior will by the formation of a civil partnership, which parallel those contained in section 18 ...
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Personal injury
Breach of duty of care – Contributory negligence – Driving – Police officers Michael H v Thames Valley Police: CA (Civ Div) (Lord Justice Pill, Lady Justice Arden, Lady Justice Smith): 14 January 2010 ...
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Human rights
Delay – Detention – Parole – Prisoners’ rights Ian Gray v (1) Secretary of State for Justice (2) Parole Board: QBD (Admin) (Mr Justice Burnett): 11 January 2010 The claimant ...
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Criminal procedure
Bail – Legitimate expectation – Reasonableness – Crown Prosecution Service R (on the application of Burns) (claimant) v Woolwich Crown Court (defendant) & Crown Prosecution Service (interested party): DC (Lord Justice Aikens, Mr Justice Openshaw): 14 January 2010 ...
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Trial bundles: why they are important and how to get them right
A well-prepared trial bundle, available in good time, gives you an advantage in negotiations and the prospect of making a favourable impression on the court. Let us consider paragraph 3 of the practice direction to Civil Procedure Rules (CPR) rule 39 for civil cases and the ...
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Media law: protecting informants
Financial Times Limited and others v United Kingdom (application number 821/03), 15 December 2009.From time to time, an anonymous brown paper envelope finds its way mysteriously onto a reporter’s desk. That envelope contains leaked confidential documents telling a hell of a good story. ...
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Negligence
Breach of duty of care – Negligent misrepresentation – Solicitors Cabvision Ltd v (1) Leonard Paul Feetum (2) Stephen Richard Marsden (3) Simon Alan Smith (4) Dean & Dean: ChD (Mr Justice Norris): 21 December 2009 ...
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Criminal law – extending the jurisdiction of the magistrates’ courts
For hearings on or after 30 September 2009, significant amendments have been made to the Protection from Harassment Act 1997 by section 17 of the Domestic Violence, Crime and Victims Act 2004.
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Criminal procedure
Bail – Credit for time served – Electric monitoring – Sentencing R v Rudie Aaron Monaghan: R v Robert Douglas Tyler: R v Chay Gilbert: R v Asim Naser: R v Aquib Khan: R v Ben Chapman: CA ...
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Local government: a feast of legislation and a claim of discrimination
For those who loved the Local Democracy, Economic Development and Construction Bill, 12 November 2009 will have been an emotional day. It was then that, with one touch of the royal wand, the bill became an act of parliament.
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Local government
Accidents – Duty of care – Economic loss (1) Geoffrey Glaister (2) Geraldine Glaister (3) Natalie Glaister v Appleby-in-Westmorland Town Council: CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Lords Justice Jacob, Toulson): 9 December 2009 ...