All Legal updates articles – Page 19
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Feature
General power of competence
Nicholas Dobson says for local authorities that previously had seen their functional creativity significantly curtailed, the GPC in the Localism Act 2011 promised a brave new world.
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E-disclosure and party agreement
The disclosure of relevant documents during the litigation process has been a longstanding and distinctive feature of English civil procedure. However, standard disclosure under the Civil Procedure Rules does not give rise to ‘perfect justice’.
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Hair strand testing in care proceedings
The case H (A Child: Hair Strand Testing) 2017 EWFC 64 concerned care proceedings to determine whether H, an eight-month-old removed at birth and then returned to the mother under supervision, should remain in her mother’s care, given a history of drug abuse and the presentation of a positive drug ...
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Applying for relief against forfeiture
Macmillan Cancer Support v Hayes [2017] EWHC 3110 (Ch)
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EU treaty breaches and national courts
Undertakings investigated by the European Commission that offer commitments, while avoiding a formal finding of infringement binding on the national court, may not prevent those who consider themselves harmed by the conduct from bringing actions for damages.
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Planning consent contrary to advice
What legal duty does a local planning authority have to state reasons behind a decision, against the advice of its own professional advisers, to grant a controversial development?
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Future status of EU citizens and families
On 8 December 2017 the European Commission and UK government issued a Joint Report on the progress of article 50 talks to date. A week later the stage was set to proceed.
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Pre-action disclosure of insurance policies
Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).
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Employment: Is the gig finally up for Uber?
The ride-hailing business has been doing battle in the UK employment tribunals – and it has not fared well.
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Criminal: General defences
In R v Riddell [2017] EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving.
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Commercial property: Restrictive covenants
There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an ...
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Going Dutch
The Netherlands has published draft rules for its new English language commercial court, which will seek to exploit Brexit by targeting international dispute resolution.