Last 3 months headlines – Page 1362

  • News

    Filming will not turn courts into 'theatre', pledges Clarke

    2011-12-16T00:00:00Z

    Justice secretary Ken Clarke (pictured) has insisted he will not allow courts to become ‘theatre’ despite allowing cameras inside for the first time. The government is planning to change the law to remove the ban on cameras in court, starting with the Court of Appeal and ...

  • News

    The rainmaker’s bible

    2011-12-16T00:00:00Z

    In drought conditions the term ‘rainmaking’ was commonly used by the American Indians who used magical powers to bring the rain to nourish the crops and feed the people - not unlike the current drought conditions that legal firms are experiencing in new instructions. Today a rainmaker is a person ...

  • News

    Pre-packs or the perception of pre-packs? That is the question

    2011-12-16T00:00:00Z

    Pre-pack sales of the business or assets of companies entering administration have always been controversial. Depending upon your standpoint, they can be perceived and characterised as: 1. an effective means of ensuring the rescue of viable businesses and the saving of jobs; 2. a legitimate ...

  • News

    'Belief’ in animal welfare protects employee

    2011-12-15T00:00:00Z

    In a landmark decision, the Employment Tribunal decided fervent anti-fox hunting campaigner Joe Hashman was protected from discrimination because of his beliefs in animal welfare. Mr Hashman was employed by a garden centre. He was a keen animal rights campaigner and had given evidence in ...

  • News

    Contract

    2011-12-15T00:00:00Z

    Breach - Oral contract - First defendant selling popular sauce Bailey and another v Graham and others: Chancery Division (Judge Pelling QC (Sitting as a Judge of the High Court)): 25 November 2011 ...

  • News

    Arbitration

    2011-12-15T00:00:00Z

    Award - Appeal - Challenge to award on grounds of serious irregularity Ed & F Man Sugar Ltd v Belmont Shipping Ltd: Queen's Bench Division, Commercial Court (Mr Justice Teare): 18 November 2011 ...

  • News

    Tax

    2011-12-15T00:00:00Z

    Emoluments from office or employment - Payment - Bonus Revenue and Customs Commissioners v PA Holdings Ltd: Court of Appeal, Civil Division (Lord Justices Maurice Kay, Moses, Lady Justice Arden): 30 November 2011 ...

  • News

    What is a fair share?

    2011-12-15T00:00:00Z

    The task of analysing the final chapter of this, Jones v Kernott, the most recent of a series of controversial cohabitant cases, in 1,100 words is not easy. This is particularly so where, despite the unanimity of outcome, there is far from unanimity in reasoning. With Hale and Walker on ...

  • News

    Intellectual property

    2011-12-15T00:00:00Z

    European Union - Patent - Supplementary protection certificate Medeva BV v Comptroller General of Patents, Designs and Trade Marks: Court of Justice of the European Communities (Fourth Chamber) (Judges Bonichet (President of Chamber), Prechal, Bay Larsen, Toader (Rapporteur) and ...

  • News

    Sentencing

    2011-12-15T00:00:00Z

    Principles of sentencing - Mandatory life sentence - Murder - Minimum term R v Gill; R v Eccles; R v Abu-Neigh: CA (Crim Div) (Lord Chief Justice Lord Judge, Mr Justice Henriques and Mr Justice Irwin): 1 December 2011 ...

  • News

    Did politics trump economics in the riot cases?

    2011-12-15T00:00:00Z

    My letter has prompted many contributions from advocate colleagues. At Birmingham Magistrates’ Court, where special ‘civil unrest’ sessions were held on the Sunday, by midmorning on most week days you would expect to see tumbleweed drifting down the court corridors; so bereft of work is the judiciary.

  • News

    Zero support

    2011-12-15T00:00:00Z

    Jonathan David tells an all too familiar story about criminal legal aid in 2011. It gets more demoralising every day. Last week we represented a vulnerable client for child abduction. Two visits to the police station - over seven hours in all - for £180. That was the high point.

  • News

    Keep an open mind

    2011-12-15T00:00:00Z

    Edward Foster has assumed that in all mediations, or perhaps in most of them, the result is a 50/50 settlement. From 35 years’ experience of mediations as a solicitor, and 12 years’ experience as a mediator, I have to say that is simply not the case.

  • News

    Lesson in dollars

    2011-12-15T00:00:00Z

    I write regarding last week’s letter, ‘Costly T&Cs’. I have just bought property in the US. On the closing statement, in addition to the attorney’s fee, is an item ‘Title Insurance’ - a further $350, which I was informed was indemnity insurance in case he got anything wrong. It appears ...

  • News

    Wrong presumption

    2011-12-15T00:00:00Z

    Criminal practitioners should be aware that in January the Stop Delaying Justice Scheme will take effect. The aim of this apparently is to achieve disposal of criminal trials in two hearings - first appearance and trial date. In a letter to practitioners in London, the chief ...

  • News

    Does Sumption appreciate the constraints of new role?

    2011-12-15T00:00:00Z

    Herbert Smith hit the bull’s eye with its FA Mann lecture this year. So many turned out for lecturer Jonathan Sumption QC that there was no room at Lincoln’s Inn for a number of hopeful, but disappointed, potential members of his audience. Happily, the speech of the Supreme Court Justice-elect ...

  • News

    Jurisdiction

    2011-12-15T00:00:00Z

    Conflict of laws - Challenge to jurisdiction - Pre-trial or post-judgment relief - Freezing order Madoff Securities International Ltd and another v Raven and others: QBD (Comm) (Mr Justice Flaux): 25 November 2011 ...

  • News

    Criminal bar in dock for solicitor-advocate ‘turf war’

    2011-12-15T00:00:00Z

    The criminal bar stands accused of using the planned quality assurance scheme to wage a ‘turf war’ on solicitor-advocates, following the circulation of a letter calling on barristers to engage with the scheme. In the letter, sent to all members of the Criminal Bar ...

  • News

    Role of solicitors' charity is more important than ever

    2011-12-15T00:00:00Z

    Two key charities that support solicitors and their dependants have seen their workload increase significantly as a troubled economy continues to place strain on the finances and private lives of many lawyers. The number of enquiries for support received each month by SBA The Solicitors’ Charity (formerly the Solicitors Benevolent ...

  • News

    Jackson reforms will 'encourage third-party funding'

    2011-12-15T00:00:00Z

    A leading insurer has predicted that the Jackson reforms will encourage a flood of third-party litigation funders to enter the UK market. Peter Smith (pictured), managing director of after-the-event (ATE) insurance firm Firstassist, spoke this week after clinching the sale of the company by Equistone Partners (formerly Barclays Private Equity) ...