News – Page 289
-
News
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 ...
-
News
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.
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
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.
-
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.
-
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 ...
-
News
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 ...
-
News
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 ...
-
News
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 ...
-
News
Criminal law roundup: more than just the usual suspects
Many suspects now surrender themselves to the police when it is known that they are subject to an investigation. They attend the police station as volunteers. Police culture is still deeply committed to making an arrest at that point. However, every arrest must be justified under section 24 of the ...
-
News
Strike out for abuse of process: guidance for making and resisting applications
The courts’ wide powers under CPR 3.4(2) and the factors a court will take into account when considering an application to strike out a statement of case for abuse of process were considered by the Court of Appeal in Walbrook Trustees (Jersey) Ltd & Others v Fattal & Others [2009] ...
-
News
New information commissioner Christopher Graham has much to do
The new information commissioner, Christopher Graham, took up his post in June this year. Mr Graham previously ran the Advertising Standards Authority. One of his main challenges will be to tackle the lengthy backlog of cases that his office (the ICO) has been struggling with.