News – Page 253
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Personal injury interest calculation
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 ...
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Criminal law
Appeal - Appeal against conviction - Respondent appealing against conviction Jude v Her Majesty's Advocate; Hodgson v Her Majesty's Advocate; Birnie v Her Majesty's Advocate: Supreme Court (Lords Hope, Brown, Kerr, Dyson and Hamilton): 23 November 2011 ...
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Sentencing
Sexual offences - Principles of sentencing R v Hall and other appeals: Court of Appeal, Criminal Division (Lord Judge CJ, Mr Justice Royce, Lady Justice Macur): 24 November 2011 The ...
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Sentencing
Imprisonment - Length of sentence - Burglary R v Levesconte: Court of Appeal, Criminal Division (Lord Justice Elias, Mr Justice Maddison and Mr Justice Burnett): 24 November 2011 The Court ...
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Jurisdiction
Conflict of laws - Challenge to jurisdiction Polymer Vision R & D Ltd and others v Van Dooren: Queen's Bench Division, Commercial Court: 17 November 2011 The Commercial Court allowed ...
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Pre-nuptial agreements post-Radmacher
Mr Justice Moor’s decision in Z v Z [2011] EWHC 2878 (Fam) is believed to be the first contested case in the High Court in which the principles of Radmacher have been considered. As Moor J stated in his judgment, Radmacher ‘changed the position fundamentally’ of pre-nuptial agreements and ...
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Jurisdiction
Practice - Service out of the jurisdiction - Alternate forum available Faraday Reinsurance Co Ltd v Howden North America Inc and another company: Queen's Bench Division, Commercial Court (Mr Justice Beatson): 1 November 2011 ...
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Public order
Appellant charged for using threatening, abusive or insulting words - Public Order Act 1986 Harvey v Director of Public Prosecutions: QBD (Admin) (Mr Justice Bean) (judgment delivered extempore): 17 November 2011 ...
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The law on ‘Gangbos’
Recent changes brought about by section 34 of the Policing and Crime Act 2009 (PCA) now permit the civil courts to make injunctions aimed specifically at preventing (and protecting respondents from) gang-related violence, shifting consideration of a specific criminal activity into the civil arena.
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Immigration
Leave to remain - Claimants seeking indefinite leave to remain - Claimants convicted of serious offences in the UK R (on the application of Mayaya and others) v Secretary of State for the Home Department: QBD (Admin) (Mr Justice ...
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Human rights
Inhuman or degrading treatment - Claimed mistreatment while being held in detention - European Convention on Human Rights R (on the application of Mousa) v Secretary of State for Defence and another: CA (Civ Div) (Lord Justices Maurice Kay ...
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Inquiring minds
Throughout 2011, the phone hacking scandal has rocked the UK’s public landscape, drawing comparisons with Watergate in terms of its effect on our national psyche and its long-term significance. The saga has kicked off again this Autumn with the Leveson Inquiry, but listening to testimony of News Corporation staff throughout ...
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Jurisdiction
Conflict of laws - Challenge to jurisdiction - Parties entering into licence agreement Seven Licensing Company Sarl and another company v FFG-Platinum SA and other companies: Queen's Bench Division, Commercial Court (Mr Justice Gloster): 16 November 2011 ...