News – Page 303
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News
Equality under the law: a fairer future?
It is the lot of every solicitor that there will be a specific dinner party question that folk cannot resist asking. That question will be specific to each area of law and will usually be raised over the After Eights as if for the first time ever.
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Criminal law
Aiding and abetting – Dissemination of terrorist publications – Intention – Mitigation – Sentencing guidelines R v (1) Abdul Rahman (2) Bilal Mohammed: CA (Crim Div) (Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Goldring, Mr Justice Plender): 8 July 2008
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Intellectual property
Pharmaceuticals – European patents – Incentive step – Prior art Conor Medsystems Inc v (1) Angiotech Pharmaceuticals Inc (2) British Columbia University: HL (Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury): 9 July 2008
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Pre-nuptial agreements
Advising your clients about pre-nups is essential. Forget the McCartneys. The most important recent ancillary relief decision is Crossley v Crossley[2007] EWCA Civ 1491, [2007] All ER(D) 396 (Dec), not so much for showing how courts will deal with cases on similar facts, but for implicitly ...
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Discrimination: possession proceedings and landlords
The House of Lords decision in Lewisham LBC v Malcolm [2008] UKHL 43, concerning the effect of the Disability Discrimination Act 1995 on possession proceedings, will come as a great relief to landlords (see [2008] Gazette, 10 July, 23). Although the decision may be seen as wholly sensible in a ...
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Health and Safety
Accidents – Breach of statutory duty – Employers’ liability – Oil rigs – Scotland – Work equipment Spencer-Franks v Kellogg Brown & Root Ltd & Ors: HL (Lords Hoffmann, Rodger of Earlsferry, Carswell, Mance, Neuberger of Abbotsbury): 2 July 2008 ...
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Immigration
Education – Courses – Examinations – Extensions of time – Leave to remain – Students G Omerenma Obed & 7 Ors v Secretary of State for the Home Department: CA (Civ Div) (Lords Justice Sedley, Longmore, Moses): 1 July 2008 ...
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Civil procedure
Costs – Paper applications – Protective costs orders – Setting aside – Application of principles for making orders – Procedure in Court of Appeal R (on the application of Compton) v Wiltshire Primary Care Trust: CA (Civ Div) (Lords Justice Waller, Buxton, Smith): 1 July 2008 ...
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News
Practice Q&A: Keeping it clean
Can I delay accounting for and paying VAT to HM Revenue & Customs on clients’ bills until I have received payment from the client? No. The effect of HM Revenue & Customs Notice 700 is to make unlawful and ineffective the practice of a solicitor writing ...
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Lack of capacity and beneficiary liability
Baker v Baker [2008] WTLR 565 illustrates an increasing tendency for probate cases to involve a number of different claims. While terminally ill in hospital with liver disease, Mr Baker executed a will prepared by his brother, Richard. ...
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Human rights
Asylum seekers - Delay - Immigration policy - Leave to remain - Proportionality EB (Kosovo) v Secretary of State for the Home Department (2008): HL (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood): 25 ...
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Constitutional law
Governments – Implied promises – Legitimate expectation – Parliamentary privilege – Referendums R (on the application of Wheeler) (claimant) v (1) Office of the Prime Minister (2) Secretary of State for Foreign and Commonwealth Affairs (defendants) & Speaker of the House of Commons (interested party) ...
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Personal injury
Negligence – Damages – Criminal conduct - Ex turpi causa - Post-traumatic stress disorder Kerrie Francis Gray v (1) Thames Trains Ltd (2) Network Rail Infrastructure Ltd (formerly Railtrack Plc) (2008): CA (Civ Div) (Sir Anthony Clarke Master of the Rolls, Lords Justice Tuckey, Smith): ...
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Intellectual property
Criminal law – Media and entertainment – Circumvention of copy protection – Computer games – Copyright R v Neil Stanley Higgs (2008): CA (Crim Div) (Lords Justice Jacob, Hughes, Justice Andrew Smith): 24 June 2008 The appellant (H) appealed against ...
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Landlord and tenant
Local government – Mental health – Possession claims – Public sector tenancies – Schizophrenia Lewisham London Borough Council v Malcolm (2008): HL (Lord Bingham of Cornhill, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury): 25 June 2008 ...
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Magistrates guidelines
The Sentencing Guidelines Council has announced that the new edition of the Magistrates Court Guidelines will take effect on 4 August 2008. In the intervening period there is a substantial training exercise to be undertaken to explain to magistrates and their legal advisers the changes which ...
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New framework for plea negotiation in fraud cases
The management of long and complex fraud cases has, for some years, been a concern in our legal system. The Lord Chief Justice’s protocol already requires the prosecution and defence to resolve issues and agree evidence where possible prior to the trial. Formal Criminal Procedure Rules encourage this and build ...