News – Page 224
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UK urged not to opt out of criminal law initiatives
The government’s indecision over whether or not to opt in to more than 130 EU criminal law measures owes more to ‘political impetus’ than the desire to see good law,
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Jackson LJ to rule on his own reforms
Lord Justice Jackson is one of five High Court judges appointed to hear appeals arising from his costs reforms.
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JR legal aid cuts ‘immunise government from challenge’ - silks
Ninety QCs have warned that government plans to cut legal aid for judicial review will ‘immunise’ the state from legal challenge.
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Landmark judgment sets limit on religious freedoms
European Court of Human Rights (ECtHR) judges have rejected appeals lodged by three British Christians
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Legal aid cuts ‘will hammer middle England’
Four out of five adults in England and Wales would be unable to pay for a lawyer
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Residence test proposal ‘unlawful and unworkable’
Lawyers have warned that the proposed introduction of a residence test for civil legal aid is potentially ‘unlawful, discriminatory and unworkable’
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Former partner loses six-year discrimination case
A six-year employment dispute involving a law firm is finally over
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Chancery Lane announces wills accreditation scheme
The Law Society has confirmed it will introduce a new accreditation scheme - the Wills and Inheritance Scheme - in the autumn.
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Taxation of partnerships and LLPs
HM Revenue & Customs has published its long-awaited consultation document on the taxation of partnerships and LLPs. It covers two aspects. Firstly there is the whole basis of taxation of LLP members whose terms resemble those of employees. Secondly there is the question of profit allocation where the partnership includes ...
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Statutory wills
In a very helpful judgment, Behrens J reviewed the recent decisions on statutory wills and produced a summary of how to make a decision that is in P's best interests, in the context of a statutory will. The statutory provisions The law ...
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Injunction to prevent ‘defamatory’ employment tribunal evidence refused
The High Court recently refused (among other things) to grant an interim injunction in libel and harassment to a former council employee, Ayodele Adele Vaughan (the claimant) concerning evidence she anticipated being given in forthcoming employment tribunal (ET) proceedings.
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Employment
Admission – Liability – Withdrawal Berg v Blackburn Rovers Football Club & Athletic plc: Chancery Division, Manchester District Registry: 29 April 2013 The Chancery Division dismissed an application by ...
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Libel and slander
Claimant seeking determination on meaning of words complained of as preliminary issue Lord McAlpine of West Green v Bercow: Queen's Bench Division (Mr Justice Tugendhat): 25 April 2013 In the ...
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Litigants in person; oral evidence; and costs management
Sir Alan Ward in Wright v Michael Wright Supplies Ltd [2013] EWCA Civ 234, a case which concerned two litigants in person (LIPs), opened his judgment by warning the reader that ‘this judgment will make depressing reading’. The case highlighted the difficulties increasingly encountered by the judiciary at all levels ...
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Commercial property: Energy Act 2011
The Energy Act 2011 contains a clause with potentially severe implications for about 20% of all commercial property. What advice should solicitors dealing with commercial leases give to their clients at this stage? Section 49 of the Energy Act is not yet in force. It states:‘(1) ...