News – Page 292
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Local government law: age discrimination
How LIFO (last in, first out on redundancy) fares under ageism laws is a subject with far-reaching impact for local government lawyers.
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Real property
Excavation – Nuisance – Party walls – Surveyors Christine Reeves v Beatrice Blake: CA (Civ Div) (Lords Justice Mummery, Moses, Etherton): 24 June 2009 The appellant (R) appealed against ...
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Family law
Ancillary relief – Consent orders – Foreseeability – Share valuation Martin Robert Walkden v Kim Hazel Walkden: CA (Civ Div) (Lords Justice Thorpe, Wall, Elias): 25 June 2009 The appellant ...
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Criminal law: self-defence, diminished responsibility, et alia
The law on self-defence has been ‘clarified’ (section 76(9)) but not amended or consolidated by section 76 of the Criminal Justice and Immigration Act 2008, which came into force in July last year.
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Personal injury
Discounts – Future loss – Loss of chance – Loss of earnings – Sportspersons Gary Smith & anr v Ben Collett CA (Civ Div) (Lords Justice Carnwath, Hughes, Lady Justice Smith): 17 June 2009 ...
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Media and entertainment
Human rights – Blogs – Confidentiality – Freedom of expression - Police Author of a blog v Times Newspapers Ltd: QBD (Mr Justice Eady): 16 June 2009 The applicant ...
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Reaffirming parliament’s stance on contracts
The recent Court of Appeal case of Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd ([2009] 1 AII ER (Comm) 16) will be of interest to both litigators and non-litigators. Although the main issue of appeal was whether the particular lease agreements in question fell within section 26 of ...
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Objective selection criteria for redundancy
Getting older presents one with a number of oddities to deal with. Just how much chestnut rinse looks ‘natural’? (The answer, of course, is none.) Where is the door to my office? That kind of thing.
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Criminal procedure
Confiscation orders – Drug trafficking – Market value – Statutory interpretation – Proceeds of crime R v Islam: HL (Lords Hope of Craighead, Walker of Gestingthorpe, Mance, Neuberger of Abbotsbury, Baroness Hale of Richmond): 10 June 2009 ...
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Local government
Torts – Emergency powers – Interference with goods – Local authorities’ powers and duties Infolines Public Networks Ltd v Nottingham City Council: CA (Civ Div) (Sir Andrew Morritt [Chancellor], Lords Justice Keene, Elias): 11 June 2009 ...
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Local government
Education – Home tuition – Special educational needs – Statements – Local authority’s obligations R (on the application of TM) v Hounslow London Borough Council: CA (Civ Div) (Lords Justice Thomas, Aikens, Patten): 11 June 2009 ...
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Human rights
Closed material – Disclosure – Non-derogating control orders – Right to fair trial – Prevention of Terrorism Act 2005 Secretary of State for the Home Department (appellant) v (1) AF (2) AM (3) AN (respondents): AE (appellant) v Secretary ...
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Information technology: data retention regulations
The contentious Data Retention (EC Directive) Regulations 2009 came into force on 6 April, in the face of opposition from privacy campaigners and serious questions from lawyers. Billed as a vital tool in the fight against terrorism and other crime, the regulations stand accused of being yet another snoopers’ charter.
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Criminal evidence
Admissibility – Hearsay evidence - Witnesses – Need for evidence to show reasonable steps taken R v T(D): CA (Crim Div) (Lord Justice Thomas, Mr Justice King, Judge Moss QC): 4 June 2009 ...
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Immigration
France – Removal – Right to respect for private and family life – Member state’s assumption of responsibility for asylum claim R (on the application of Shayanth) v Secretary of State for the Home Department: QBD (Admin) (Mr Justice ...
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Civil procedure
Costs orders – Hourly fees – Lawfulness of reduced rate for travel and waiting time R (on the application of Schwartz) v Highbury Corner Magistrates’ Court: QBD (Admin) (Lord Justice Sullivan, Mr Justice Wilkie): 3 June 2009 ...
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Family law
Care proceedings – Findings of fact – Non-accidental injury – Standard of proof Re D (Children) sub nom NH v (1) A County Council (2) NH (3) RD & SD: CA (Civ Div) (Lords Justice Thorpe, Wall, Elias): ...