Legal updates – Page 30
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Cargo delivered late – assessing damages
A recent ruling in a late delivery of oil case puts the spotlight on the assessment of damages in international sale contract disputes.
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Rights of audience and planning
Executive member representations did not ‘pollute’ contentious decision.
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Civil procedure: CPR 6.9
A recent case offers a reminder of the need to carefully consider the rules on service of the claim form.
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Vicarious liability – the two-stage test
When is an employer responsible for the actions of its employees?
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Counting the cost post-separation
Problems can arise when taking into account bonuses earned after a couple have separated.
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The Defamation Act 2013
It is not a consolidating ‘one-stop’ act for the core principles of defamation and cannot be considered in isolation.
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Local government: abuse of power
A council that evicted a solicitors’ firm from authority-owned offices did so as a ‘punishment’.
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Probate: rectification and interpretation
An in-depth look at the recent important wills mix-up judgment.
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Immigration: Malta Individual Investor Programme
What next for the country’s controversial law that would allow people to live there for a fee?
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Civil procedure – out of excuses
The message is clear: court orders, rules and practice directions must be strictly complied with.
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Buyers – and sellers – beware
An appeal arising from the 2009 downturn brings into focus a non-reliance clause and claims against sellers for oral misrepresentation.
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Use of disclosed documents
This update looks at how a recent case raised the question whether courts should give permission for the use of disclosed documents in subsequent third-party proceedings.
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Criminal law: roundup
The latest on wasted costs orders, asylum and identification procedures.
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Family: applications for freezing orders
A recent judgment is absolutely essential reading for any practitioner specialising in financial remedy applications.
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Extradition appeals in Polish cases
What questions are raised where defendants are sought on European Arrest Warrants in respect of a single aggregate sentence imposed for two or more offences?
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Employment: saying goodbye to statutes
There is likely to be a cull of statutes as the government looks to reduce the burden on employers via its ‘red tape challenge’.
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Failing to respond to ADR invitation
A recent significant case asked: how should the court deal with parties who do not respond to alternative dispute resolution invitations?
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Reasonable foreseeability
The opportunity for a claimant injured at work to rely on a statutory breach was reduced on 1 October by the Enterprise and Regulatory Reform Act (ERRA) 2013.