News – Page 236
-
News
Planning – costs and material considerations
Can a planning authority take cost into account when considering whether or not to revoke a planning consent? And just what are ‘material considerations’ in planning legislation? If the answer to these questions has been keeping you anxiously awake, you can now sleep peacefully. The Supreme Court has recently prescribed ...
-
News
Home truths
Housing law in the county court can appear to have a limited range. A typical Possession Claim Online list consists almost entirely of claims founded on rent or mortgage arrears, with perhaps a few involving section 21 of the Housing Act 1988 or antisocial behaviour.
-
News
Beginner’s guide to the ban on age discrimination in goods and services
From 1 October, the government will bring into force the provisions within the Equality Act 2010 (EA 2010) which prohibit age discrimination in the field of goods and services by virtue of the Equality Act 2010 (Commencement No 9) Order 2012. This means that commercial, charitable and public sector organisations ...
-
News
Managing the risk of IP theft
Intellectual property theft is often linked to cases of redundancies or team moves, where an employee leaves the company, taking with them sensitive documents such as business plans, customer information, or financial results. The employee will then offer a next employer this IP or will use it to start a ...
-
News
Delays in the family justice system
How often has it been said that delay is the cancer which eats away at our system of justice? The Civil Procedure Rules were brought in on a tide of enthusiasm to reduce delay. The latest Family Procedure Rules adopt much of the style, form and content of their civil ...
-
News
Increase in damages by 10%
In Simmons v Castle [2012] EWCA Civ 1039, the Court of Appeal has added to the general splashing about which precedes the enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In an effort to provide ‘proper, prospective warning’, it has jumped in ahead of the implementation ...
-
News
International law
Foreign sovereign state - Immunity from suit - Applicant company obtaining foreign judgment against one of Iraq’s government ministries Bank and others: SC (Justices of the Supreme Court, Lords Phillips (president), Clarke, Sumption, Reed, Lady Hale): 17 August 2012 ...
-
News
Assumption of responsibility for a subsidiary's responsibilities
In the landmark decision of Chandler v Cape plc [2012] EWCA Civ 525, the Court of Appeal upheld a High Court decision that a parent company owed a direct duty of care towards an employee of one of its subsidiaries to ensure a safe system of work. This case has ...
-
News
Benefit fraud: additional checks
This is the third of four articles focusing on benefit fraud prompted by the case of Coventry City Council v Vassel 2011 EWHC 1542 Admin. In particular, it highlights the additional checks solicitors make when reviewing the evidence and alternative penalties. ...
-
News
Social security
Income support – Jobseeker's allowance – Claimants claiming allowance R (on the application of Reilly and another) v Secretary of State for Work and Pensions: Queen's Bench Division, Administrative Court (London): 6 August 2012 ...
-
News
Dr, Do Little?
The similarities between employment law and Doctor Dolittle are of course striking. Both are a little eccentric among their peers and have at times struggled to be recognised fully. Sometimes they are assisted by monkeys and of course neither can sing. But perhaps most notable of all may be their ...
-
News
Investment
Dealing in securities – Defendants issuing guaranteed notes – Claimants investing Azevedo and Alvarez v Imcopa Importacao, Exportaacao e Industria de Oleos Ltda and other companies: Queen's Bench Division, Commercial Court: 30 May 2012 ...
-
News
Intellectual Property
European Union – Patent Eli Lilly and Co v Human Genome Sciences Inc: Chancery Division, Patents Court: 3 August 2012 The Chancery Division, Patents Court, refused the claimant's application for ...
-
News
Shipping
Charterparty – Arbitration Global Maritime Investments Ltd v STX Pan Ocean Co Ltd; Global Maritime Investments Ltd v Navios International Inc; Navios International Inc v Sangamon Transportation Group: Queen's Bench Division, Commercial Court (Mr Justice Christopher Clarke): 8 August ...
-
News
Criminal law
Suicide - Liability for complicity in another's suicide R (on the application of Nicklinson) v Ministry of Justice; R (on the application of AM) v Director of Public Prosecutions and others: QBD (Admin) (Lord Justice Toulson, Mr Justice ...