News – Page 304
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News
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 ...
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Freedom of information
Expenses – members of parliament – parliamentary privilege – additional costs allowance Corporate Officer of the House of Commons v (1) Information Commissioner (2) Heather Brooke (3) ...
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Employment
Race discrimination – burden of proof – reasons – unfair dismissal – reasons for dismissals Khan & anor v Home Office: CA (Civ Div) (Lords Justice May, ...
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The drawbacks of drawdown
David Anderson and Graeme Perry look into personal pensions and tax charges on death during drawdown Many people with personal pension schemes who are about to retire will often be advised by their independent ...
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Criminal evidence
Anonymity - Intimidation of witnesses - Right to fair trial - Special measures R v Davis: HL (Lords Bingham of Cornhill, Rodger of Earlsferry, Carswell, Brown of Eaton-under-Heywood, Mance): 18 June 2008 The appellant (D) appealed against the Court of Appeal’s ...
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Human rights
Family law – Adoption – Discrimination – Eligibility - Unmarried couples In Re P & Ors: HL (NI) (Lords Hoffmann, Hope of Craighead, Walker of Gestingthorpe, Mance, Baroness Hale of Richmond): 18 June 2008 The appellants (P and F), an unmarried ...
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Real property
Crown estate - Crown foreshore - Feudal tenure – Franchises - Incorporeal hereditaments - Manorial rights Crown Estate Commissioners v (1) Mark Andrew Tudor Roberts (2) Trelleck Estate Ltd: ChD (Mr Justice Lewison): 13 June 2008 The claimant Crown Estate Commission ...
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Right to privacy versus the public’s right to know
The Freedom of Information Act 2000 (FoI) continues to surprise and baffle public sector information managers and lawyers. Every month there are an average of 20 decisions made by the information commissioner and eight by the Information Tribunal.
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Local authority vires: procurement law
I am afraid that my social circle does not include many amoebae. However, this is undoubtedly my failing, since it appears that this remarkable one-cell life-form can not only change shape at will but can also split its cell to create a whole new amoeba. How clever is that?
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Domestic violence and contact orders
Whether and to what extent, if any, the court will take into account the issue of domestic violence when determining contact issues has long been an issue for family courts.
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Search engines and trademarks
IP/IT law update: A battle is currently raging between brand owners and Google.
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Spanish property demolitions
Making sure property purchased in Spain does not end up getting knocked down is a tricky business. Alfonso Valero explains the best ways to avoid disaster.
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Civil procedure
Anti-competitive practices - Confidential information - Disclosure - Ofcom - Satellite television
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Criminal procedure
Ian Glick QC, Kelyn Bacon (instructed by Herbert Smith) for the appellants; Sydney Kentridge QC, Gerard Rothschild (instructed by Ashurst) for the respondents. Marion Gibson v Revenue & Customs Prosecution Office: CA (Civ Div) (Lords Justice May, Wall, Lady Justice Arden): 12 June 2008