News – Page 289
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Commercial considerations can influence the discharge of liabilities
In Collier v P&MJ Wright (Holdings) Ltd [2007] EWCA Civ 1329, [2008] 1 WLR 643, [2007] All ER(D) 233 (Dec) (Collier), the Court of Appeal examined the rule in Pinnel’s case (1603) 5 Coke’s Rep 117a (the rule), in the context of contemporary commercial considerations.
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Immigration: migrants who wish to qualify as UK lawyers
Studying law with a UK institution and becoming a solicitor or barrister in the UK has long been an esteemed achievement by lawyers around the world. Historically, the UK has welcomed migrants who wish to undertake the challenge. Immigration rules (the rules) and related concessions have made routes to becoming ...
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Government: local authority mutual insurance companies
Pity really, everyone was having such a wonderful time. It was, as the saying goes, a swell party and one designed to save lots of money. But then, all of a sudden, there was a raid: the front door was kicked in, the music stopped and everyone had to go ...
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Criminal procedure
Assumptions – Breath samples – Driving while over the limit – Newton hearings Thomas Goldsmith v Director of Public Prosecutions: DC (Lord Justice Sullivan, Mr Justice Openshaw): 4 November 2009 ...
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Personal injury
Duty of care – Findings of fact – Football Andrew Kerr v GED Willis: CA (Civ Div) (Lord Neuberger (master of the rolls), Mr Justice Smith, Lord Justice Toulson): 4 November 2009 ...
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Dispute resolution: enforcing against a judgment debtor
All prudent dispute resolution lawyers are well aware that, despite having obtained a judgment in favour of a client, enforcing that judgment against a judgment debtor could potentially cause great problems.
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Civil procedure
Banking and finance – Costs - Disclosure Timothy Duncan Earles v Barclays Bank plc: QBD (Birmingham) (Judge Simon Brown QC): 8 October 2009 The claimant (E) claimed damages in respect ...
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Criminal procedure
Road traffic – Notices of intended prosecution – Postal service – Time limits Gidden v Chief Constable of Humberside: DC (Lord Justice Elias, Mr Justice Openshaw): 29 October 2009 The ...
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Does a recent decision mean some people will never escape past convictions?
Imagine the scene, you are 18 years old, you have rather unwisely been a bit rowdy after sampling your first shandy and the overworked police officer has arrested you for a breach of the peace. You are not judged to be a serious threat to society and are bound over ...
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Employment – is Or-well with the Equality Bill?
Was it Harriet Harman who wrote that ‘all employees are equal, but some employees are more equal than others’? Whoever it was, they may well have foreseen some of the more interesting provisions of the latest version of the Equality Bill, which, we are assured, is still cranking its way ...
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Employment
Criminal Records Bureau – Data protection – Principles - Duration (1) Chief Constable of Humberside (2) Chief Constable of Staffordshire (3) Chief Constable of Northumbria (4) Chief Constable of West Midlands (5) Chief Constable of Greater Manchester (appellants) v ...
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Family law
Ancillary relief – Divorce petitions – Enforcement M v M: CA (Civ Div) (Lords Justice Thorpe, Wall, Mr Justice Coleridge): 21 October 2009 The appellant husband (H) appealed against ...
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Home truths: new regulations for cancelling contracts
Solicitors who see clients at home need to be aware of new regulations for cancelling contracts, says District Judge Pal Sanghera The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 came into force on 1 October 2008. In a ...
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Exposing the pretence of clothing property with the value of goodwill
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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News
Exposing the pretence of clothing real property, land, with the value of goodwill
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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News
Probate: privileged wills and not-so-helpful help
Just how unusual it is to have a modern case on privileged wills is, perhaps, indicated by the comment of judge Peter Langan at the start of his judgment in Re Estate of Ashley Edward Servoz-Gavin, deceased 14 September 2009: ‘The case has involved a forensic journey on a path ...
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Personal injury
Armed forces – Compensation – Medical treatment Secretary of State for Defence v (1) Anthony John Ross Duncan (2) Matthew Richard McWilliams: CA (Civ Div) (Lords Justice Keene, Carnwath, Elias): 12 October 2009 ...
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Employment
Employers’ duties – Honest belief – Strict liability – Transfer of undertakings Royal Mail Group Ltd v Communication Workers Union: CA (Civ Div) (Lords Justice Waller, Hughes, Rimer): 14 October 2009 ...
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Banking and finance
Mortgage fraud – Recovery orders Serious Organised Crime Agency v Athos Thanos Pelekanos: QBD (Mr Justice Hamblen): 2 October 2009 The applicant agency applied for a recovery order under part ...