News – Page 255
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Bankruptcy
Trustee in bankruptcy - Costs - Claimant trustee in bankruptcy commencing proceedings on behalf of estate Hunt (as trustee in bankruptcy of Janan George Harb) v Harb and another: Court of Appeal, Civil Division (Lord Neuberger, Lords Justice ...
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Fiduciary duty revisited: I’m unlawful - strike me down!
American comedian Bob Newhart (famous for his monologue sketches) imagined Sir Walter Raleigh as a salesman phoning base about his discovery of tobacco. The response to Sir Walter was not, however, encouraging: ‘I think you’re gonna have rather a tough time selling people on sticking burning leaves in their mouths… ...
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Extradition
Extradition hearing - European Arrest Warrant - Extradition Act 2003 Assange v Swedish Judicial Authority: QBD (Divisional Court) (Sir John Thomas (president), Mr Justice Ouseley): 2 November 2011 The appellant ...
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Immigration
Asylum seeker - Asylum support - Claimant's asylum application and appeal being refused R (on the application of VC and others) v Newcastle City Council; R (on the application of K) v Newcastle City Council: Queen's Bench Division, Divisional ...
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Arbitration
Award - Appeal - Challenge to award on ground of serious irregularity Micoperi SrL v Shipowners' Mutual Protection & Indemnity Association (Luxembourg): Queen's Bench Division, Commercial Court (Mr Justice Burton): 21 October 2011 ...
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Jurisdiction
Practice - Service out of the jurisdiction - Action or contract governed by English law Saad Investments Company Ltd v Al-Sanea: Queen's Bench Division, Commercial Court (Mr Justice Walker): 14 October 2011 ...
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Jurisdiction
Claim form - Service - Service out of the jurisdiction SSL International plc and another v TTK LIG Ltd and others: Court of Appeal, Civil Division (Lords Justice Mummery, Arden and Stanley Burnton): 19 October 2011 ...
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Jurisdiction
Conflict of laws - Civil and commercial matters Lornamead Acquisitions Ltd v Kaupthing Bank HF: Queen's Bench Division, Commercial Court (Mr Justice Gloster): 18 October 2011 The Commercial Court, Queen's ...
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Jurisdiction
Conflict of laws - Challenge to jurisdiction WMS Gaming Inc v B Plus Giocolegale Ltd: Queen's Bench Division, Commercial Court (Mr Justice Simon): 13 October 2011 Queen's Bench Division (Commercial ...
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Sentencing
Imprisonment - Length of sentence - Violent disorder - Defendant involved in student protests over tuition fees R v Gilmour: CA (Crim Div) (Lord Justice Hughes, Mr Justice Cranston, Mr Justice Hickinbottom): 28 October 2011 ...
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Jurisdiction
Court of Appeal - Appeal from Divisional Court - Whether permission to appeal to be granted R (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates’ Court: CA (Civ Div) (Lord Justices Neuberger (master ...
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Employment
Victimisation - Protected disclosure - Employees making protected disclosure - Employment Rights Act 1996 Fecitt and others v NHS Manchester: CA (Civ Div) (Lord Justices Mummery, Elias, Davis): 25 October 2011 ...
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Proceeds of crime
Unlawful conduct - Violent disorder - Costs - Civil recovery proceedings Gale and another v Serious Organised Crime Agency: SC (Lords Phillips (president), Brown, Mance, Judge, Clarke, Dyson, Reed): 26 October 2011 ...
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Abuse of process
The courts have made it difficult to stay criminal proceedings for abuse of process. Abuse can be argued in two ways: either that it is not fair that there be a trial; or that it is not possible for any trial to be fair. The first ...
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Inheritance tax and expenditure out of normal income
For many, inheritance tax (IHT) planning involves using the annual exemption of £3,000 per annum and making gifts with the hope that they will meet the required seven-year period for exemption to apply.