News – Page 300
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News
Family residence
A look at the changing status of the residence order pursuant to the Children Act 1989. A residence order (section 8 of the Children Act 1989) means ‘an order settling the arrangements to be made as to the person with whom a child is to live’. ...
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Personal injury interest calculation
Rodney Nelson-Jones presents his annual update on calculating interest for personal injury claims.
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Family law
Care orders – Children – Parental contact Re H (a child): CA (Civ Div) (Lords Justice Ward, Lloyd): 25 September 2008 The appellant mother (M) appealed against a care order ...
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Local government
Council tax – Motorwatys – Noise pollution – Tax bans – Valuation Charlton-Merryweather v Hunt & ors: CA (Civ Div) (Lords Justice Waller, Rix, Dyson): 19 September 2008. The appellant ...
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Arbitration
Real property – Mining – Coal authority – Compensation – Loss – Subsidence Coal Authority v (1) FW Davidson (2) WE Davidson: QBD (TCC) (Mr Justice Coulson): 9 September 2008. ...
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Family law: forced marriages
The Forced Marriage (Civil Protection) Act 2007 is due to come into force on 25 November, White Ribbon day, when people will be encouraged to wear a white ribbon to show that they do not condone violence towards women. The act will insert a new part 4A into the Family ...
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Personal injury: definition of work equipment
Spencer-Franks v Kellogg Brown and Root Limited and others (2008) UK HL46: Lords Hoffmann, Rodger, Carswell, Mance and Neuberger.
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Employment: no regrets
Sometimes it appears that life is all about regrets. That ill-advised ‘Law Society’ tattoo on qualification, the scurrilous suggestion that the little girl singing at the Olympic opening ceremony was miming, and indeed the rude comments many of us may have made about the likely spectacle Britain will present to ...
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Immigration
Human rights – Contractual rights – Closed material – Visas Murungaru v Secretary of State for the Home Department & ors: CA (Civ Div) (Lords Justice Sedley, Jacob, Mr Justice Lewison): 12 September 2008. ...
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Employment
Banking and finance – Civil procedure – Contracts – Springboard relief (1) UBS Wealth Management (UK) Ltd (2) UBS AG London branch v Vestra Wealth LLP & 5 ors: QBD (Mr Justice Openshaw): 4 August 2008. ...
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Intellectual property
Shopping centres – Trade marks – Service provision – Registration In the matter of trade mark application no. 2417145B sub nom Land Securities Plc: in the matter of trade mark application no. 24200205B sub nom Capital Shopping Centres ...
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For richer, for poorer...
Adding back – but when and how? Christopher Tromans reviews the court’s powers when family assets have been dissipated. If a party to a marriage squanders part of the family assets before the final hearing of an ancillary relief application, what can the court do to ...
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IP/IT: English courts and patent injustice
The English courts have a reputation for being hostile to patents. There exists a perception that if the validity of a patent is challenged – for example, on the classic grounds that the patented invention is not novel, or that it is obvious, or that the patent does not sufficiently ...
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Family law
Agreements – Ancillary relief – Reliance – Trust funds – Time limits – Notice to show cause S v S (2008): Fam Div (Mrs Justice Eleanor King): 20 August 2008. ...
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Criminal procedure
Administration of justice offences – Concept of court – Failure to attend – Service by the court – Witness summaries R v Harish Popat: CA (Crim Div) (Lord Justice Hughes, Mrs Justice Dobbs, Judge Pert QC): 28 July 2008. ...
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Criminal law
Benefit from criminal conduct – Confiscation orders – Fraudulent evasion of duty R v Steven Waller: CA (Crim Div) (Lord Justice Gage, Mr Justice Silber, Judge Radford): 18 July 2008.