News – Page 301
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News
Human rights
Bail – Detention without charge – Right to liberty and security – Terrorism R (on the application of I) (claimant) v (1) City Of Westminster Magistrates’ Court (2) Chief Constable of Manchester Police (defendants) and Crown Prosecution Service ...
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Banking and finance
Hospitality and leisure – Credit – Debts – Dishonour of cheques – Gambling Aspinall’s Club Ltd v Fouad Al-Zayat: QBD (Comm) (Mr Justice Teare): 3 September 2008. The claimant ...
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News
Are you being served?
Robert Hill looks at the new regime for service of documents as outlined in the changes to the Civil Procedure (Amendment) Rules 2008 The Civil Procedure (Amendment) Rules 2008 (S.I 2008 no 2178) come into force on 1 October. The most important change is to repeal ...
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Freedom of information
Requests to public authorities under the Freedom of Information Act 2000 (FoI) are becoming more challenging. Some authorities are even receiving requests about how they handle such requests.
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Family law
Civil procedure – Practice directions – Trial bundles – Sanctions for non-compliance – Identification of defaulters in open court Re X & Y (bundles): Fam Div (Mr Justice Munby): 22 August 2008
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Employment
Tax – Contracts of employment – Information technology – Provision of services through intermediary – IR35 Dragonfly Consultancy Ltd v Revenue & Customs Commissioners: Ch D (Mr Justice Henderson): 3 September 2008 ...
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Sentencing
Attempts – Kidnapping – Sentence length – Violent nature of offence R v Jason Matthew Eminson: CA (Crim Div) (Mr Justice Mitting, Mr Justice Tugendhat): 29 August 2008 The ...
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Legal profession
Negligence – Bankruptcy – Breach of contract – Causation – Conveyancing – Legal advice Sara Dayman (as trustee of the estate of Sandra Estelle Fielding, a former bankrupt) v Lawrence Graham (a firm): ChD (Judge Hodge QC): 28 August ...
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Criminal law
Environment – Unincorporated associations – Clubs – Criminal liability – Pollution R v (1) RL (2) JF: CA (Crim Div) (Lord Justice Hughes, Mr Justice David Clarke, Mr Justice Blair): 28 August 2008 ...
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Chancery: proprietary estoppel
The proposition that ‘equitable estoppel is a flexible doctrine... but it is not a joker or wild card to be used whenever the court disapproves of the conduct of a litigant who seems to have the law on his side’ was the starting point for Lord Walker’s judgment in the ...
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Local government
Torts – Trespass – Access – Bridleways – Damages Field Common Ltd v Elmbridge Borough Council: Ch D (Mr Justice Warren): 27 August 2008. The court was required to assess ...
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Human rights
Civil Procedure – Disclosure – Inhuman or degrading treatment or punishment – Interrogation – National security R (on the application of Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs: DC (Lord Justice, Mr Justice Lloyd Jones): ...
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Family law
Civil procedure – McKenzie friends – Rights of audience – Appropiate circumstances to grant rights of audience Re N (a child) sub nom A v (1) G (2) N (by his rule 9.5 guardian): Re N (a child) sub ...
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Defamation
Libel – Malicious falsehood – Offer of amends Tesco Stores Ltd v (1) Guardian News and Media Ltd (2) Alan Rusbridger: QBD (Mr Justice Eady): 29 July 2008. The ...
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News
Sentencing
Antisocial behaviour – Kidnapping – Mitigation – Sentence length R v Peter Graham Oswald: CA (Crim Div) (Lord Justice Gage, Mr Justice Treacy, Mr Justice Bean): 22 August 2008. The ...
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Clearing up confiscations & protecting the public
The House of Lords and Court of Appeal have recently handed down important judgments on the issue of confiscation. In R v May [2008] UKHL 28, Jennings v CPS [2008] UKHL 29, and R v Green [2008] UKHL 30, the House carried out a basic analysis of the law and ...
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Personal injury
Football – Future loss – Loss of chance – Loss of earnings – Sportspersons – Wages Benjamin Collett v (1) Gary Smith (2) Middlesbrough Football and Athletics Company (1986) Ltd: QBD (Manchester) (Mrs Justice Swift): 11 August 2008 ...
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Intellectual property
Contracts – Artistic works – Copyright – Film industry – Foreign copyright protection (1) Lucasfilm Ltd (2) Star Wars Productions Ltd (3) Lucasfilm Entertainment Co Ltd v (1) Andrew Ainsworth (2) Shepperton Design Studios Ltd (2008): Ch D (Mr ...
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Arbitration
Agreements – France – International Chamber of Commerce – Non-parties – Pakistan – Seat of arbitration Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan: QBD (Comm) (Mr Justice Aikens): 1 August 2008 ...
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Mental health
Bias – Detention – Hearings – High-security psychiatric hospitals – Mental health review tribunals R (on the application Brown) v South Region Mental Health Review Tribunal: QBD (Admin) (Mrs Justice Dobbs): 13 August 2008 ...