News – Page 297
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Local government
Planning - Human rights - Change of use - Mobile homes (1) Theo Langton (2) Ruth McGill v (1) Secretary of State for Communities and Local Government (2) West Dorset District Council: QBD (Admin) (Judge Gilbart QC): 7 January ...
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Human rights
Bicycles - Exemptions - Notification - Processions Kay v Commissioner of Police of the Metropolis: HL (Lord Phillips of Worth Matravers, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood): 26 November 2008 ...
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Promoting and enforcing contact
On 8 December 2008, the Children and Adoption Act 2006 (Commencement No 3) Order 2008 came into force.
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Human rights
Negligence - Duty of care - Health authorities - Nursing homes Trent Strategic Health Authority v Jain & anor: HL (Lord Scott of Foscote, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Neuberger of Abbotsbury): 21 ...
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Human rights
Social welfare - Care workers - Listing system for protection of vulnerable adults R (on the application of Wright and others) v Secretary of State for Health: HL (Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Hope of Craighead, ...
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Dealing with unclaimed surplus client funds
Solicitors going through the exercise of clearing their ledgers and dealing with unclaimed surplus client monies are being reminded of the role of the Treasury Solicitor's Bona Vacantia ('ownerless property') Division, which collects unclaimed funds on behalf of the Crown. The monies collected are transferred annually to the Exchequer to ...
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Fatal shootings raise issues over police notes
Last May barrister Mark Saunders was killed by police after he repeatedly fired a shotgun out of the window of his Chelsea flat.
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Criminal law: changes to bail, sentencing and sexual offences
A number of the provisions of the Criminal Justice and Immigration Act 2008 (CJIA) have been brought into force.
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Human rights
Sentencing – EC law – Foreign travel – Notification – Sex offenders R (on the application of F) v Secretary of State for Justice: R (on the application of Angus Aubrey Thompson) v Secretary of State for Justice: ...
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Local government
Planning – Human rights – Change of use – Mobile homes (1) Theo Langton (2) Ruth McGill v (1) Secretary of State for Communities and Local Government (2) West Dorset District Council: QBD (Admin) (Judge Gilbart QC): 7 ...
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Hard choices: software patents, open source
This summer the Court of Appeal handed down its latest decision on the patentability of software in the UK, while a new standard licence was published for open source developers.
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Legal profession
Barristers’ fees – Comparators – Funding arrangements Lord Chancellor v John Charles Rees & ors: QBD (Sir Charles Gray): 19 December 2008 The appellant Lord Chancellor appealed against the ...
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Legal advice
Breach of contract – Conditional fee arrangements – Costs – Retainers (1) Bray Walker Solicitors (a firm) (2) Bevans Bray Walkers Ltd (t/a Bevans) v Carlo Moise Silvera: QBD (Mr Justice Blake): 18 December 2008 ...
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Personal injury
Limitation periods - Personal injury claims Stephen Cain v Bernice Francis: Shona Mckay v (1) Stephen Hamlani (2) Direct Line Insurance Plc: CA (Civ Div) (Sir Robert Andrew Morritt, Lady Justice Smith, Lord Justice Maurice Kay): 18 December 2008 ...
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The issues raised by police officers conferring on their notes
Last May barrister Mark Saunders was killed by police after he repeatedly fired a shotgun out of the window of his Chelsea flat.
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New pre-action protocol for mortgage possession claims
A new civil procedure protocol for lawyers of much practical relevance came into effect on 19 November 2008. It applies to both money and possession claims by the lender on mortgages of residential property.
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European Court judgment on DNA retention
The European Court of Human Rights, in a landmark judgment delivered in December 2008, decided that the UK’s policy of retaining DNA samples and profiles of innocent people is indiscriminate and unlawful.
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Legal advice
Conditional fee agreements – Legal costs insurance – Solicitors’ powers Kier Tankard (appellant) v John Fredricks Plastics Ltd (respondent); (1) Fawcett Old Ltd (2) Michael Jane Hair & Beauty (appellants) v Yvonne Hibberd (respondent); Mark Jones (appellant) v Karl ...
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Loss on sale relief and bankruptcy of a residuary beneficiary
There is something of a credit crunch flavour to this update, as it covers bankruptcy and inheritance tax problems caused by falling values.
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Human rights
Constitutional law – Aliens - Constitutional reform - EC law - Right to free elections- Sark R (on the application of Barclay & Ors) v Secretary of State for Justice & Ors: CA (Civ Div) (Lords Justice Pill, Jacob, ...