News – Page 233
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News
Contracts and access to justice
Crime and sentencing always make the news. So it is not surprising that the shambles surrounding the court interpreters’ contract and its fallout made headlines. What’s worrying is what this and recent county court changes tell us about the approach that might be taken to forthcoming major civil justice reform. ...
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Detrimental move?
Bradbury v Taylor & Burkinshaw [2012] EWCA Civ 1208 This is a slightly unusual proprietary estoppel case in that it was brought by the alleged promisor, Bill, who sought a declaration that the defendants had no beneficial interest in his house. They counterclaimed for a ...
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Employment
Pay – Statutory minimum Nambalat v Tayeb and another; Udin v Chamsi-Pasha and others: Court of Appeal, Civil Division (Lord Justice Pill, Lady Justice Black and Mr Justice Bean): 5 October 2012 ...
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Motor insurance
Compulsory insurance against third party risks – Liabilities required to be covered Bristol Alliance Limited Partnership v EUI Ltd: Court of Appeal, Civil Division: 11 October 2012 The Court of ...
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Extradition
Extradition order – Application for stay of extradition R (on the application of Fawaz) v Secretary of State for Home Department; R (on the application of Bary) v Secretary of State for Home Department; R (on the application of ...
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Victims of human trafficking and the CCRC
The Criminal Cases Review Commission (the CCRC) is warning that both defence and prosecution lawyers need to become more alert to the issues relating to victims of human trafficking if miscarriages of justice are to be avoided.
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Mental health
Patient – Responsible local social services authority – Residence of patient R (on the application of Sunderland City Council) v South Tyneside Council: Court of Appeal, Civil Division: 9 October 2012 ...
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Medical expert witness independence
Britain is the whiplash capital of Europe, with more than 1,500 claims a day, including people claiming for whiplash injuries sustained in the most minor of incidents. In May 2011, the House of Commons Transport Committee published a report into the cost of motor insurance, warning that spiralling costs are ...
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Bankruptcy tourism
Any English judge sitting regularly in the personal insolvency jurisdiction is likely, at one time or another, to have considered a debtor’s petition in which all the listed debts were incurred in a foreign country, in a foreign currency and, usually, to foreign creditors. The currency was probably the euro, ...
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Advancing the case for swift action
In January, the Gazette published an article by me about the Stop Delaying Justice initiative which was introduced that month. Responses were invited. Last month, the Gazette sent me about a dozen emails from defence solicitors. They all make good points. I am grateful, particularly to those who managed to ...
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Costs caps and multiple parties
In recent years, the Patents County Court (PCC), in particular through the efforts of Judge Colin Birss QC, has taken great strides to make IP litigation more affordable and accessible for smaller businesses. A key provision at its disposal is a cap on the costs which a party may be ...
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Public procurement
Public contracts – Claimants tendering for development contract from defendant market authority By Development Ltd and others v Covent Garden Market Authority: Queen's Bench Division, Technology and Construction Court: 28 September 2012 ...
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Employment
‘Worker’ - Orders in family proceedings - Limited liability partnership Bates van Winkelhof v Clyde & Co LLP and another: CA (Civ Div) (Lord Justices Lloyd, Richards, Elias): 26 September 2012 ...