News – Page 291
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News
Interpreting part 6 of the CPR: service by fax
The Civil Procedure (Amendment) Rules 2008, which came into force on 1 October 2008, brought about a number of significant amendments to the CPR, including changes to the rules governing the service of the claim form on defendants. The interpretation of some of these rules, in particular in relation to ...
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Negligence
Asbestos – Breach of duty of care – Contractors Corus UK Ltd v (1) Cavendish (UK) Ltd (2) Cavendish Laboratories Ltd (3) Woods Building Services Ltd: QBD (Mr Justice Foskett): 7 August 2009 ...
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Personal injury
Contract terms – Disclosure – Miners – Vibration white finger Brian Strydom v Vendside Ltd: QBD (Mr Justice Blair): 18 August 2009 The appellant (S) appealed against a decision dismissing ...
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Intellectual property: How L’Oreal won the battle of the scents
In a major victory for the owners of well-known brands, the European Court of Justice may have crushed the market in ‘imitation’ products – and caused problems for any brand that might be similar to a well-known brand.
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Human rights: clarifying the law on assisted suicide
R (on the application of Purdy) v the Director of Public Prosecutions [2009] UKHL 44. There are several remarkable features about the case of Debbie Purdy. For one, the case started with judicial review proceedings in April 2008, concluding with the House of Lords judgment ...
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Real property
Civil procedure – Breach of undertaking – Conveyancing – Land charges (1) Adrian Paul Clark (2) Heather Jane Clark v Lucas Solicitors LLP: Ch D (Sarah Asplin QC): 31 July 2009 ...
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Company law
Damages – Amendments – Loss of chance – Reflective loss Charles Frederick Webster v Sandersons Solicitors (a firm): CA (Civ Div) (Lord Clarke of Stone-cum-Ebony, Master of the Rolls, Lady Justice Arden, Lord Justice Lloyd): 31 July 2009 ...
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Pre-contract discussions: useful, but won’t work in court
Funny things, contracts. They start their lives in a honeymoon of smiles and happy expectation, as the parties individually believe their interests have been buttoned down firmly and fortified with ‘hoops of steel’. But time passes, events happen, and the document is eventually pulled out of a dusty cupboard to ...
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Employment
Compensation – Final salary schemes – Unfair dismissal Aegon UK Corporate Services Ltd v S Roberts: CA (Civ Div) (Lords Justice Keene, Dyson, Elias): 21 July 2009 The appellant employer ...
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Family law
Ancillary relief – Periodical payments – Proportionality – Variation Hvorostovsky v Hvorostovsky: CA (Civ Div) (Lords Justice Thorpe, Etherton, Mr Justice Bodey): 23 July 2009 The appellant former wife ...
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IP and copyright – the fight against online piracy
The tide may have turned against online piracy in the UK. In its Digital Britain final report, published on 16 June, the government outlined proposals to legislate to achieve a reduction of 70-80% in the incidence of unlawful peer-to-peer file-sharing.
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Consumer law
Agency – Commission – Estate agents – Fariness – Landlords Office of Fair Trading v Foxtons Ltd: Ch D (Mann J): 10 July 2009 The claimant (OFT) sought declaratory ...
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Hypothesising the hypothetical director: an unpredictable opponent
Two interesting questions have emerged as relevant since the institution of part 11, chapter 1, sections 260-264 of the Companies Act 2006 (the 2006 act). They concern: (i) whether derivative claims will now have a better prospect of obtaining permission to continue; and (ii) how the courts will approach the ...
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Inheritance Act: scrutiny of information to the Revenue
Section 247 of the Inheritance Act 1984 (IHTA) provides that anyone who fraudulently or negligently submits an incorrect account, information or document to the Inland Revenue shall be liable to a penalty.
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Employment
Equal pay – Independent experts – Job evaluation F A Hovell v Ashford and St Peter’s Hospital NHS Trust: CA (Civ Div) (Lords Justice Mummery, Etherton, Elias): 9 July 2009 ...
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Family law
Ancillary relief – Appeals – Divorce Richard Barry Brisset v Ann Brisset: CA (Civ Div) (Lords Justice Sedley, Jacob, Wilson): 9 July 2009 The appellant husband (H) appealed against ...
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Employment
Contracts – Affirmation – Fiduciary duty - Repudiation Ben Cook v (1) MSHK Ltd (formerly Ministry of Sound Holdings Ltd) (2) Ministry of Sound Recordings Ltd: CA (Civ Div) (Lady Justice Smith, Lords Justice Wilson, Rimer): 9 July 2009 ...
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Changes to forced marriage protection orders
The Forced Marriage (Civil Protection) Act 2007 (the act), in force from 25 November 2008, is an important social reforming statute of power and humanity, protecting the basic right to marry by choice. The act inserts into the Family Law Act 1996 (the 1996 act) a ...
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Enforcing contact to benefit children, not punish the parents
Do not think that the amendments to the Children Act (CA) relating to contact orders made by the Children and Adoption Act 2006 (the 2006 act), with effect from 8 December 2008, are about punishing parents for failing to comply with contact orders. Rather, the reforms are to ensure that ...