News – Page 229
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News
Excise duty
Customs and Excise – Duties – Imported goods – Personal use Stern v United Kingdom Border Agency: Queen's Bench Division, Divisional Court: 23 January 2013 The appellant bought a substantial ...
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Immigration
Leave to remain – Defendant secretary of state rejecting applications – Claimants challenging secretary of state's policy as unlawful on ground of ambiguity R (on the application of Sharmilla and others) v Secretary of State for the Home Department; ...
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Public law ultra vires
It is clear that in certain circumstances a local authority can plead lack of legal capacity as a defence to a private law claim (see Credit Suisse v Allerdale Borough Council [1996] 4 All ER 129). However, can a local authority prosecute for failure to have a valid caravan site ...
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Contempt of court
Orders in family proceedings – Enforcement Young v Young: Family Division (Mr Justice Moor): 16 January 2013 The Family Division imposed a sentence of six months’ imprisonment for contempt of court, in circumstances where the husband had failed, in certain very important aspects, to comply with an order of the ...
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Sentence
Defendant harassing actress and breaching interim restraining order – Defendant appealing – Whether sentence manifestly excessive R v Rumbelow: Court of Appeal, Criminal Division (Lord Justice Rafferty, Globe and Mr Justice Leggatt): 18 December 2012 The defendant, who suffered from Asperger’s syndrome and attention-deficit hyperactivity disorder, was sentenced to two-and-a-half ...
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Employment
Discrimination – Religious discrimination Eweida and others v United Kingdom (App. Nos. 48420/10, 59842/10, 51671/10 and 36516/10): European Court of Human Rights: 15 January 2013 The European Court of Human ...
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Injunction
Copyright – Newspaper – Article – Breach of privacy – Interlocutory injunction Rocknroll v News Group Newspapers Ltd: Chancery Division: 17 January 2013 The claimant, who was married to the ...
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Legal privilege
The eagerly anticipated Supreme Court judgment in Prudential PLC and Prudential (Gibraltar) Ltd v Special Commissioner of Income Tax and Phillip Pandolfo (HM Inspector of Taxes), in relation to the possible extension of the principle of legal professional privilege (LPP), to encompass advice given by accountants on tax law, was ...
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Costs and assessing unreasonable behaviour
The general principle on costs in civil litigation is clear: the unsuccessful party will be ordered to pay the costs of the successful party, albeit that the court has discretion to order otherwise (Civil Procedure Rule 44.3 (2)).
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Injunction
Conflict of laws – Foreign proceedings – Restraint of foreign proceedings Malhotra v Malhotra and another: Queen's Bench Division, Commercial Court: 30 October 2012 The claimant sought the continuation of ...
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A review of the 2012 changes to criminal law
Two major cases regarding case management were decided in 2012. In R (on the application of Drinkwater) v Solihull Magistrates’ Court [2012] EWHC 765 (Admin), the court had to consider whether a trial should be adjourned or go ahead in the absence of a defendant. Following the decision in R ...
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Relocation of children
When ferries were the only means of travelling abroad a national newspaper carried the headline: ‘Fog in Channel; Continent Cut Off’. Travel may be easier today, but there remains a legal obstruction to some parents’ departure from these shores. F (Child) [2012] EWCA Civ 1364 is the Court of Appeal’s ...
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Care home fees
Not care home fees, but tensions between Henry II and his archbishop led a character in TS Eliot’s Murder In The Cathedral to ask: ‘What peace can be found/To grow between the hammer and the anvil?’ But while a dispute over Newcastle City Council’s approach to care home fees has ...
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Bermuda calling
The regulatory telecommunications framework in Bermuda is currently in the process of root-and-branch reform heralded by the establishment of a regulatory authority pursuant to the Regulatory Authority Act 2011 and continued by the bringing into force of the relevant sections of the Electronic Communications Act 2011. Coupled with this reform, ...