News – Page 254
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Insolvency
Compulsory winding-up order - Liquidator - Appointment Re Business Dream Ltd: ChD (Judge Behrens sitting as a judge of the High Court): 8 November 2011 BD Ltd (the company) traded ...
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Deferring a minor’s entitlement to capital beyond 18
In Wright v Gater [2011] EWHC 2881 (Ch), Mr Justice Norris made some very helpful comments on the court’s approach to applications under the Variation of Trusts Act 1958 (VTA) which seek to defer a minor’s entitlement to capital beyond 18. This application was made on ...
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Immigration
Right of appeal - Claim for asylum - Notice of refusal of leave to enter AS (Somalia) v Secretary of State for the Home Department; CW (Jamaica) v Secretary of State for the Home Department; SD (Zimbabwe) v Secretary ...
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Local authority
Public library - Duty of library authority - Defendant local authorities making changes to library services R (on the application of Green) v Gloucestershire County Council; R (on the application of Rowe and another) v Somerset County Council: QBD ...
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Landlord and tenant
Lease - Duration - Certainty Mexfield Housing Co-operative Ltd v Berrisford: Supreme Court (Lords Hope DP, Walker, Mance, Neuberger, Clarke and Dyson, Lady Hale): 9 November 2011 The Supreme ...
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Conflicting messages on asylum
A recent test case involving a former Afghanistan interpreter working for the British army in Helmand province has raised important questions about the decision to prosecute for passport offences and claims for asylum.
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Pre-litigation offers and part 36
How should pre-litigation offers to settle be treated in the light of part 36 of the Civil Procedure Rules (CPR) and Trustees of Stokes Pension Fund v Western Power Distribution Power Distribution (South West) plc [2005] EWCA Civ 854, [2005] 1 WLR 3595 (Stokes)? This was the question before Lord ...
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Unsafe conviction
Juror - Bias - Defendants conceiving of idea for ‘Lapland New Forest’ attraction R v Mears and another: CA (Crim Div) (Lord Justice Moore-Bick, Mr Justice Butterfield, Mr Justice Irwin): 10 November 2011 ...
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Vicarious liability
Roman Catholic church - Liability for tortious acts of priest GE v English Province of Our Lady of Charity and another: QB (Mr Justice Macduff): 8 November 2011 The claimant ...
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A worrying precedent
The Court of Appeal will soon be asked to decide how far an employer has to go in order to comply with its duty to inform an employee that they have a legal right. The case of R v R Plant Hire (Peterborough) Ltd v Bailey has worrying implications for ...
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Summary Judgment
Solicitor - Undertaking - Claimant company seeking to finance purchase of ship Global Marine Drillships Ltd v Landmark Solicitors LLP and others: Chancery Division (Mr Justice Henderson): 24 October 2011 ...
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Damage limitation
In Co-operative Group (CWS) Ltd v Pritchard [2011] EWCA Civ 329, [2011] All ER(D) 312 (Mar), the Court of Appeal considered whether contributory negligence could be raised as a defence to a claim for damages for the torts of assault and battery.