News – Page 228
-
News
History book; care home fees; charging charities
Thursday marks a key milestone in the history of local government lawyers. John Emms (former solicitor to the council at Kirklees MBC) will publish his book Local Lawyers: Public Practice. As Solicitors in Local Government merges with its chief officer counterpart, the Association of Council Secretaries and Solicitors, the book ...
-
News
Testamentary capacity
In Hawes v Burgess [2013] EWCA Civ 74, the Court of Appeal upheld the trial judge’s finding that the deceased’s last will (which cut out her son) was invalid and that her earlier will (leaving everything equally to her three children) therefore remained unrevoked.
-
News
Criminal legal aid procurement
‘Competitive tendering’ – two words that strike fear and dread into the hearts of many a hardened criminal legal aid practitioner. But what do they mean, and why, after several failed attempts, is the government so keen to introduce this into a market that is almost unanimously opposed to the ...
-
News
Family law arbitration wins
Does this ring a bell? You sit opposite a client whose face gradually lengthens, whose mouth drops and whose eyes widen in dismay and disbelief as you describe how long it takes to bring matrimonial financial issues to a conclusion through the court litigation process. You ...
-
News
Immigration debate has shifted from a meaningful exchange of ideas
There is a deficit of meaningful dialogue in the immigration debate. Despite unprecedented access to countless news sources, rich information and varied points of view, we often tend to only consume our favourite flavour of opinion. Partly because of the explosion of online media and the ...
-
News
Contempt of court
Committal – Breach of undertaking McCann and another v Bennett: Queen's Bench Division: 21 February 2013 The parents of Madeline McCann sought the committal of the defendant for contempt by ...
-
News
Employment tribunal
Procedure – Hearing – Postponement O'Cathail v Transport for London: Court of Appeal, Civil Division: 29 January 2013 The Court of Appeal, Civil Division, in allowing the employer's appeal, held ...
-
News
Common law
Water and watercourses – Riparian Right – Extent Moore v British Waterways Board: Court of Appeal, Civil Division: 14 February 2013 The Court of Appeal, Civil Division, held that there ...
-
News
Judicial review
Claimant being convicted of drug-trafficking offences in Bali and being sentenced to death R (on the application of Sandiford) v Secretary of State for Foreign and Commonwealth Affairs: Queen's Bench Division, Divisional Court: 4 February 2013 ...
-
News
Trademarks and the ‘own name’ defence
In 2008, the High Court granted an injunction prohibiting the use of the name ‘Cipriani’ for a restaurant in London ([2008] EWHC 3032 (Ch)). This was subsequently upheld by the Court of Appeal ([2010] EWCA Civ 110). The parties have recently returned to court to address claims for breach of ...
-
News
Human rights
Prison – Prison conditions – Disabled prisoner R (on the application of Hall) v University College London Hospitals NHS Foundation Trust and another: Queen's Bench Division, Divisional Court: 8 February 2013 ...
-
News
Future financial remedy proceedings
The recent decision of the Court of Appeal in Petrodel Resources Ltd v Prest [2012] EWCA Civ 1395, shocked the family law world. It has left many concerned about the potential effects it may have on future financial remedy proceedings, and some adamant that it has provided moneymakers with an ...
-
News
Defining domicile
There has been much discussion in the press regarding the introduction of a statutory test for residence. The test is welcome and should provide a greater degree of certainty for clients in the context of their UK tax status. It should however be remembered that residence is not the only ...
-
News
Criminal law
Perverting course of justice – Third party being subject to restraint order R v Kenny: Court of Appeal, Criminal Division: 30 January 2013 The Court of Appeal, Criminal Division ...
-
News
Freedom of information
The Freedom of Information Act 2000 (FoI) does not just require public authorities to disclose information they hold but also information that is held on their behalf (section 3(2)). Local authorities are increasingly outsourcing management of services to the private sector. Such arrangements are often scrutinised by interested parties making ...