News – Page 288
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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 ...
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Penology/criminology
False imprisonment – Measure of damages – Prison officers/strikes Prison Officers Association v Mohammed Nazim Iqbal: CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Lady Justice Smith, Lord Justice Sullivan): 4 December 2009 ...
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Charging orders and their impact on creditors and debtors
Section 1(5) of the Charging Orders Act 1979 provides as follows: ‘In deciding whether to make a charging order the court shall consider all the circumstances of the case and, in particular, any evidence before it as to (a) the personal circumstances of the debtor, and (b) whether any other ...
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Jersey wills and grants for people domiciled outside Jersey
If a person dies domiciled outside Jersey owning assets in Jersey in their sole name, article 19(1) of the Probate (Jersey) Law 1998 provides that a Jersey grant must be obtained. Article 19(2) of the 1998 law provides that a Jersey grant is not required if ...
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Payment into court by cheque – when is payment ‘received’?
Where a party to proceedings has been ordered by the court to make a payment into court, whether for security for costs or otherwise, it is common practice for such a payment to be made from a firm’s client account by cheque.
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Criminal evidence
Expert evidence – Juries – Murder – Conflicting evidence (1) Lon Trach Gian (2) Noor Azura Mohd-Yusoff v Crown Prosecution Service: CA (Crim Div) (Lord Justice Moses, Mr Justice Keith, Mr Justice Foskett): 3 December 2009 ...
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Sentencing
Conspiracy – Counts – Sentence length – Supply of drugs R v David Sangster: R v Robert Burnell: R v Martyn Leslie Jackson: CA (Crim Div) (Lord Justice Maurice Kay, Mr Justice Sweeney, Mr Justice Slade): 2 December ...
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Expert evidence - revisions to the rules have stood the test of time
Expert evidence was one of the most controversial issues in Lord Woolf’s civil justice inquiry in the 1990s.
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Any claim to stamp duty land tax on goodwill should be appealed
Goodwill is produced by, and only by, people and not by things they use in business, but confusion reigns. The purpose of this article is to expose the pretence of clothing real property, land, with the value of goodwill, which is a species of personal property.
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Arbitration
Arbitral tribunals – Beneficial ownership – Islamic law – Real property Bhatti v Bhatti: Ch D (Sir Edward Evans-Lombe): 26 November 2009 The executor applied for summary judgment on ...
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Personal injury
Delay – Discretion – Limitation periods – Road traffic accidents McDonnell and anor v David Walker (executor of the estate of Richard Walker, deceased): CA (Civ Div) (Lords Justice Waller (vice-president), Rimer, Sir Paul Kennedy): 24 November 2009 ...
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Freedom of information – update on recent FoI cases
The recent controversy over bonuses paid to civil servants employed by the Ministry of Defence highlights the public interest in salaries and bonuses of public sector officials.
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What to watch in invoice finance
Invoice finance has grown enormously in the last decade after the banks had finally understood that they could not easily obtain a fixed charge over book debts. Rather than rely solely on a floating charge, banks realised that the safest way of financing the cashflow of ...
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Family law
Birth parents – Children’s rights – Residence orders Re B (a child): SC (Lord Hope (Deputy President), Lady Hale, Lord Collins, Lord Kerr, Lord Clarke): 19 November 2009 The appellant ...
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Clinical negligence
Blood disorders – Causation – Duty of care – Genetic testing (1) Hanan Basem Farraj (2) Basem Farraj (claimants/first respondents) v (1) King’s Healthcare NHS Trust (KCH) (first defendant/part 20 claimant/appellant) (2) Cytogenetic DNA Services Ltd (CSL) (second defendant/part ...
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Criminal law: youth justice and sentencing
Major changes are being made to the way that courts may sentence young offenders. On 27 April, provisions were brought into force to increase the use of referral orders. These are mandatory if the offence is imprisonable and a first-time offender admits the offence and all connected offences, and the ...
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Negligence
Asbestos - Causation - Duty of care - Mesothelioma Karen Sienkiewicz (administratrix of the estate of Enid Costello, deceased) v Greif (UK) Ltd: Lord Clarke of Stone-cum-Ebony, Lord Justice Scott Baker, Lady Justice Smith): CA (Civ Div) : 6 ...