News – Page 292
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Local government law: age discrimination
How LIFO (last in, first out on redundancy) fares under ageism laws is a subject with far-reaching impact for local government lawyers.
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Real property
Excavation – Nuisance – Party walls – Surveyors Christine Reeves v Beatrice Blake: CA (Civ Div) (Lords Justice Mummery, Moses, Etherton): 24 June 2009 The appellant (R) appealed against ...
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Family law
Ancillary relief – Consent orders – Foreseeability – Share valuation Martin Robert Walkden v Kim Hazel Walkden: CA (Civ Div) (Lords Justice Thorpe, Wall, Elias): 25 June 2009 The appellant ...
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Criminal law: self-defence, diminished responsibility, et alia
The law on self-defence has been ‘clarified’ (section 76(9)) but not amended or consolidated by section 76 of the Criminal Justice and Immigration Act 2008, which came into force in July last year.
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Personal injury
Discounts – Future loss – Loss of chance – Loss of earnings – Sportspersons Gary Smith & anr v Ben Collett CA (Civ Div) (Lords Justice Carnwath, Hughes, Lady Justice Smith): 17 June 2009 ...
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Media and entertainment
Human rights – Blogs – Confidentiality – Freedom of expression - Police Author of a blog v Times Newspapers Ltd: QBD (Mr Justice Eady): 16 June 2009 The applicant ...
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Reaffirming parliament’s stance on contracts
The recent Court of Appeal case of Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd ([2009] 1 AII ER (Comm) 16) will be of interest to both litigators and non-litigators. Although the main issue of appeal was whether the particular lease agreements in question fell within section 26 of ...
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Objective selection criteria for redundancy
Getting older presents one with a number of oddities to deal with. Just how much chestnut rinse looks ‘natural’? (The answer, of course, is none.) Where is the door to my office? That kind of thing.
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Criminal procedure
Confiscation orders – Drug trafficking – Market value – Statutory interpretation – Proceeds of crime R v Islam: HL (Lords Hope of Craighead, Walker of Gestingthorpe, Mance, Neuberger of Abbotsbury, Baroness Hale of Richmond): 10 June 2009 ...
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Local government
Torts – Emergency powers – Interference with goods – Local authorities’ powers and duties Infolines Public Networks Ltd v Nottingham City Council: CA (Civ Div) (Sir Andrew Morritt [Chancellor], Lords Justice Keene, Elias): 11 June 2009 ...
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Local government
Education – Home tuition – Special educational needs – Statements – Local authority’s obligations R (on the application of TM) v Hounslow London Borough Council: CA (Civ Div) (Lords Justice Thomas, Aikens, Patten): 11 June 2009 ...
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Human rights
Closed material – Disclosure – Non-derogating control orders – Right to fair trial – Prevention of Terrorism Act 2005 Secretary of State for the Home Department (appellant) v (1) AF (2) AM (3) AN (respondents): AE (appellant) v Secretary ...
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Information technology: data retention regulations
The contentious Data Retention (EC Directive) Regulations 2009 came into force on 6 April, in the face of opposition from privacy campaigners and serious questions from lawyers. Billed as a vital tool in the fight against terrorism and other crime, the regulations stand accused of being yet another snoopers’ charter.
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Criminal evidence
Admissibility – Hearsay evidence - Witnesses – Need for evidence to show reasonable steps taken R v T(D): CA (Crim Div) (Lord Justice Thomas, Mr Justice King, Judge Moss QC): 4 June 2009 ...
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Immigration
France – Removal – Right to respect for private and family life – Member state’s assumption of responsibility for asylum claim R (on the application of Shayanth) v Secretary of State for the Home Department: QBD (Admin) (Mr Justice ...
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Civil procedure
Costs orders – Hourly fees – Lawfulness of reduced rate for travel and waiting time R (on the application of Schwartz) v Highbury Corner Magistrates’ Court: QBD (Admin) (Lord Justice Sullivan, Mr Justice Wilkie): 3 June 2009 ...
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Family law
Care proceedings – Findings of fact – Non-accidental injury – Standard of proof Re D (Children) sub nom NH v (1) A County Council (2) NH (3) RD & SD: CA (Civ Div) (Lords Justice Thorpe, Wall, Elias): ...
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Addressing concerns about periodical payments in personal injury cases
The Court of Appeal in Thompstone determined that periodical payments for future losses for care and case management should be linked to an earnings index which annually has historically risen by 1-2.5% higher than the RPI.