News – Page 229

  • News

    Data page - January 2013

    28 January 2013

    The latest data page figures are now available (PDF, 189.81kb).

  • News

    Legal privilege

    28 January 2013

    The eagerly anticipated Supreme Court judgment in Prudential PLC and Prudential (Gibraltar) Ltd v Special Commissioner of Income Tax and Phillip Pandolfo (HM Inspector of Taxes), in relation to the possible extension of the principle of legal professional privilege (LPP), to encompass advice given by accountants on tax law, was ...

  • News

    Costs and assessing unreasonable behaviour

    28 January 2013

    The general principle on costs in civil litigation is clear: the unsuccessful party will be ordered to pay the costs of the successful party, albeit that the court has discretion to order otherwise (Civil Procedure Rule 44.3 (2)).

  • News

    Planning

    21 January 2013

    Human rights – Right to respect for private and family life AZ v Secretary of State for Communities and Local Government and another: Queen's Bench Division, Administrative Court: 20 December 2012 ...

  • News

    Copyright

    21 January 2013

    Judge finding defendants having defence – Whether defence ought to be limited Football Association Premier League Ltd v QC Leisure and others and other cases: Court of Appeal, Civil Division: 20 December 2012 ...

  • News

    Costs

    21 January 2013

    Assessment – Detailed assessment – Conduct of parties Wilkinson v London Strategic Health Authority: Patents County Court (Judge Birss QC): 23 November 2012 The court considered the award of costs ...

  • News

    Injunction

    21 January 2013

    Conflict of laws – Foreign proceedings – Restraint of foreign proceedings Malhotra v Malhotra and another: Queen's Bench Division, Commercial Court: 30 October 2012 The claimant sought the continuation of ...

  • News

    Appeal

    21 January 2013

    Unfair dismissal – Claimant working as a lap dancer for defendant – Whether EAT erring Quashie v Stringfellows Restaurants Ltd: Court of Appeal, Civil Division (Lord Justices Ward, Elias and Pitchford): 21 December 2012 ...

  • News

    A review of the 2012 changes to criminal law

    21 January 2013

    Two major cases regarding case management were decided in 2012. In R (on the application of Drinkwater) v Solihull Magistrates’ Court [2012] EWHC 765 (Admin), the court had to consider whether a trial should be adjourned or go ahead in the absence of a defendant. Following the decision in R ...

  • News

    Relocation of children

    21 January 2013

    When ferries were the only means of travelling abroad a national newspaper carried the headline: ‘Fog in Channel; Continent Cut Off’. Travel may be easier today, but there remains a legal obstruction to some parents’ departure from these shores. F (Child) [2012] EWCA Civ 1364 is the Court of Appeal’s ...

  • News

    Care home fees

    21 January 2013

    Not care home fees, but tensions between Henry II and his archbishop led a character in TS Eliot’s Murder In The Cathedral to ask: ‘What peace can be found/To grow between the hammer and the anvil?’ But while a dispute over Newcastle City Council’s approach to care home fees has ...

  • News

    Bermuda calling

    2013-01-21T00:00:00Z

    The regulatory telecommunications framework in Bermuda is currently in the process of root-and-branch reform heralded by the establishment of a regulatory authority pursuant to the Regulatory Authority Act 2011 and continued by the bringing into force of the relevant sections of the Electronic Communications Act 2011. Coupled with this reform, ...

  • News

    Personal injury calculation

    14 January 2013

    The standard rate of interest on general damages for pain and suffering and loss of amenities in personal injury cases was fixed at 2% a year by the House of Lords in Birkett v Hayes [1982] 1 WLR 816; [1982] 2 All ER 70. This was confirmed as appropriate by ...

  • News

    Evidence

    14 January 2013

    Admissibility – Criminal proceedings – Evidence obtained through covert surveillance Kinloch (AP) v Her Majesty's Advocate (Scotland): Supreme Court (Lords Hope DP, Mance, Kerr and Reed SCJJ, Lady Hale): 19 December 2012 ...

  • News

    Development on town and village greens

    14 January 2013

    The last commercial property column looked at the manner in which town and village green applications create hurdles for development. One aspect of the Commons Act 2006 makes life particularly difficult for developers.

  • News

    Decisions affecting litigants in person

    14 January 2013

    Two recent decisions of the Court of Appeal have affirmed that the provisions of Civil Procedure Rule 27.11 and 39.3 should be interpreted rigorously. More interesting, however, is the fact that at a time when the courts are likely to see more and more ‘self-representing parties’, the decisions suggest that ...

  • News

    Tax

    14 January 2013

    Assessment – Appeal Reid v Revenue and Customs Commissioners: Upper Tribunal (Tax and Chancery Chamber): 27 September 2012 The Upper Tribunal (Tax and Chancery Chamber) dismissed a taxpayer's appeal ...

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    Criminal law

    14 January 2013

    Trial – Robbery – Violent disorder – Burglary R v Donovan and another: Court of Appeal, Criminal Division: 18 December 2012 The Court of Appeal, Criminal Division, in allowing ...

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    Inquests

    14 January 2013

    Fresh inquest – Attorney General applying for order quashing original inquests into Hillsborough disaster Attorney General v HM Coroner of South Yorkshire (West): Queen's Bench Division, Divisional Court: 19 December 2012 ...

  • News

    Fraudsters - an insider story?

    2013-01-14T00:00:00Z

    Lawyers should be aware of the dangers of insider fraud when advising their clients, as the damage can be catastrophic for a business - no business is immune from the danger, not even law firms themselves.