News – Page 249
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News
Love thy neighbour
Mr and Mrs Ruth owned two two-storey houses in a terrace at 101 and 103 Lower Thrift Street, Nottingham, each of which they decided to convert into a three-storey house. Extensive work gutting No 103 was carried out, as well as the addition of an extra storey and other works ...
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Employment
Jurisdiction - Unfair dismissal Ravat v Halliburton Manufacturing and Services Ltd: Supreme Court (Lords Hope, Brown, Mance and Kerr, Lady Hale): 8 February 2012 The Supreme Court held, in dismissing ...
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Mental health
Mental capacity - Local authority - Supported accommodation - Family life K v A Local Authority and others: CA (Civ Div) (Lord Justices Thorpe, Davis, Lady Justice Black): 8 February 2012 ...
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Courts martial
Royal Forces - Conduct to prejudice of good order and discipline - Mens rea - Judge holding no case to answer R v Armstrong: Courts Martial Appeal Court (Sir Anthony May (president), Griffith Williams, Mr Justice Coulson): 1 February ...
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‘Control’ of documents
In the recent case of North Shore Ventures Limited v Anstead Holdings Inc [2012] EWCA Civ 11 the Court of Appeal considered the concept of 'control' of documents under Civil Procedure Rules 71.2 and 31. The rules ...
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Keeping up appearances
What is the test when a tenant applies to set aside a possession order made in their absence? Following Estate Acquisition and Development Ltd v Wiltshire [2006] EWCA Civ 533, [2006] All ER (D) 50 (a case of forfeiture of a lease), it seemed that the answer lay in rule ...
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Immigration
Leave to enter - Indefinite leave - Spouses, children and other dependant relatives - Appellants being refused leave to enter UK UG (Nepal) v Entry Clearance Officer; NT (Nepal) and another v Entry Clearance Officer; YP (Nepal) v Entry ...
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Judicial review
Crown Prosecution Service - Decision to prosecute - Judicial review of decision - Claimant being harassed by F - Restraining order being issued against F R (on the application of Waxman) v Crown Prosecution Service: QBD (Admin) (Lord Justice ...
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Violent employees and vicarious liability
In recent times a disproportionate number of cases concerning vicarious liability have reached the higher courts. Sadly, a number of these have involved abuse of children by members of the clergy. Violence is a common feature, though financial wrongdoing was the offence in Dubai Aluminium Company Ltd v Salaam [2003] ...
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Acting as a single joint expert
The principle of single joint experts (SJE) has been in existence for many years now but how often is it used? In a straw poll conducted amongst my colleagues, it has seldom been adopted by our clients. It may be more commonly used in the types and/or sizes of cases ...
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News
Keeping up appearances
What is the test when a tenant applies to set aside a possession order made in their absence? Following Estate Acquisition and Development Ltd v Wiltshire [2006] EWCA Civ 533, [2006] All ER (D) 50 (a case of forfeiture of a lease), it seemed that the answer lay in rule ...
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Arbitration
Award - Enforcement - Parties disputing responsibility for collision during voyage charter West Tankers Inc v Allianz Spa and another: CA (Civ Div) (Lord Justices Carnwath, Lloyd and Toulson): 24 January 2012 ...