Last 3 months headlines – Page 1298
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Mental health
Court of Protection - Practice LG v DK: Court of Protection (Sir Nicholas Wall): 5 October 2011 The Court of Protection held that section 21(4) of the Family Law Reform ...
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Contempt of court
Civil Contempt - Committal - Claimant being responsible for motor accident involving defendants' car Lane v Shah: Queen's Bench Division, Divisional Court (Lords Justice Laws and Simon (judgment delivered extempore)): 5 October 2011 ...
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The start of the legal year gives us an opportunity to ponder what the future holds
The formal opening of the legal year (OLY) gives the profession an opportunity to reflect on the fundamental principles of access to justice and the rule of law. For the Law Society, it is not only a time to rededicate ourselves to those principles, but a time to pause, reflect ...
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Financial Services
Financial Services Authority (FSA) - Regulation of financial services - Collapse of hedge fund Visser and another v Financial Services Authority: Upper Tribunal (Tax and Chancery Chamber) (Mr Justice Bishopp, Keith Palmer, Terence Carter): 9 August 2011 ...
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Trademark infringement using Google ‘AdWords’
The Court of Justice of the European Union has handed down its long-awaited judgment in Interflora v Marks & Spencer (Case C-323/09). The final outcome remains to be decided by the High Court, but the judgment provides important guidance for businesses using competitors’ trademarks as Google ‘AdWords’. However, some parts ...
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Criminal evidence
Disclosure - Conspiracy to defraud electoral registration officer R v Khan and others: Court of Appeal, Criminal Division (Lord Justice Pitchford, Mr Justice Wilkie, Mr Justice Holroyde): 7 October 2011 ...
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How will the legal market adapt if it returns to the pre-recoverability era?
'I was a litigator before becoming an MP. I started in 1978,’ says Andrew Dismore, the former Labour MP who heads the Access to Justice Action Group. ‘Back then, a lot of people didn’t have the opportunity to bring their cases, pure and simple.’ There was the phenomenon known as ...
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Excellence Awards winners revealed
Jo Cooper, chair of the Solicitors Association of Higher Court Advocates, was this week named Law Society Gazette Legal Personality of the Year in the Law Society’s annual excellence awards. The accolade recognises Cooper’s sterling efforts in promoting the interests of solicitor higher court ...
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Trade unions plan action over asbestos ruling
Trade unions are considering the implications for England and Wales of a Supreme Court ruling that sufferers of pleural plaques in Scotland can get compensation. Their legal departments are looking at what further action they can take to counter what they perceive to be a glaring geographical anomaly. ...
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Solicitors confront online estate fraud
Fraudsters are increasingly targeting the estates of the deceased for valuable internet-hosted assets such as online bank accounts, private client lawyers have warned. Solicitors believe the trend reflects the way probate work has ‘changed beyond all recognition’. For the first time, people are trying to help ...
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FSA told to rethink on legal privilege
The Financial Services Authority has been urged to review its operating procedures after it was found to have acted unlawfully in its use of legally privileged material during an enforcement investigation. The regulator had successfully applied to the High Court for its own nominated administrators, PricewaterhouseCoopers ...
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Staring into the abyss
It’s far from clear how the legal landscape will look when the dust settles from the regulatory big bang. But we may well need a new toolkit of metaphors to talk about it. In Obiter’s opinion the collection in current circulation has lost its mojo, passed its sell-by date and, ...
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Magic touch
A Harry Potter book autographed by Emma Watson (who played Hermione Granger) tops a glittering list of prizes in the London Legal Support Trust’s Halloween Auction. Watson has also thrown in an autographed DVD set and a signed photo.
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Pension pot
Obiter recently happened upon the Law Society’s 1877 annual report, where he was intrigued to read that the Society’s librarian was to retire after 30 years’ service, aged 79, with a ‘pension, equal to the amount of his salary, which was £300 a year’.
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In the saddle
With the retirement of Newmarket jockey Phillip Robinson at 50, my mind went back to the bearded solicitor Victor Morley Lawson. He had tried to ride a winner for 30 years until, at the age of 67, he won on Ocean King in the last race - an amateur hurdle ...
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Solicitor accused of money laundering
A solicitor who failed to answer bail after being accused of conspiracy to launder money and defraud mortgage lenders and banks of around £12m has been rearrested and charged. Ajayi Seun, 45, was held after his photograph and other details appeared on Crimestoppers’ list of ...