News – Page 253
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News
Tenancy deposits
Parliament has sought to establish schemes to protect tenants’ deposits (incorporating alternative dispute resolution) and to penalise any landlord who fails to comply with his duty to protect the deposit within an authorised tenant deposit scheme. Sections 214 and 215 of the Housing Act 2004 ...
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Taxation of trusts in france
The French tax authorities have always had a problem with the taxation of trusts because a trust does not exist in French law and it is very difficult to assimilate to a French vehicle. So in its own pragmatic way the French government decided to ignore the legal refinements of ...
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Pre-packs or the perception of pre-packs? That is the question
Pre-pack sales of the business or assets of companies entering administration have always been controversial. Depending upon your standpoint, they can be perceived and characterised as: 1. an effective means of ensuring the rescue of viable businesses and the saving of jobs; 2. a legitimate ...
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'Belief’ in animal welfare protects employee
In a landmark decision, the Employment Tribunal decided fervent anti-fox hunting campaigner Joe Hashman was protected from discrimination because of his beliefs in animal welfare. Mr Hashman was employed by a garden centre. He was a keen animal rights campaigner and had given evidence in ...
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Arbitration
Award - Appeal - Challenge to award on grounds of serious irregularity Ed & F Man Sugar Ltd v Belmont Shipping Ltd: Queen's Bench Division, Commercial Court (Mr Justice Teare): 18 November 2011 ...
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What is a fair share?
The task of analysing the final chapter of this, Jones v Kernott, the most recent of a series of controversial cohabitant cases, in 1,100 words is not easy. This is particularly so where, despite the unanimity of outcome, there is far from unanimity in reasoning. With Hale and Walker on ...
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Intellectual property
European Union - Patent - Supplementary protection certificate Medeva BV v Comptroller General of Patents, Designs and Trade Marks: Court of Justice of the European Communities (Fourth Chamber) (Judges Bonichet (President of Chamber), Prechal, Bay Larsen, Toader (Rapporteur) and ...
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Sentencing
Principles of sentencing - Mandatory life sentence - Murder - Minimum term R v Gill; R v Eccles; R v Abu-Neigh: CA (Crim Div) (Lord Chief Justice Lord Judge, Mr Justice Henriques and Mr Justice Irwin): 1 December 2011 ...
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Jurisdiction
Conflict of laws - Challenge to jurisdiction - Pre-trial or post-judgment relief - Freezing order Madoff Securities International Ltd and another v Raven and others: QBD (Comm) (Mr Justice Flaux): 25 November 2011 ...
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Stamp duty land tax and the chancellor's autumn statement
The advice 'never believe everything you read in the papers' was as true as ever recently when it came to what used to be called Fleet Street’s powers of prediction of the contents of the chancellor’s autumn statement. In particular, what the press, in the context of property transactions, still ...
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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 ...