News – Page 261
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News
Sentencing
Imprisonment - Length of sentence R v X: Court of Appeal, Criminal Division (Lord Justice Pitchford, Mr Justice Wilkie, Mr Justice Holroyde): 6 September 2011 The Court of Appeal, ...
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Sentencing
Imprisonment - Length of sentence - Conspiracy to supply drugs R v Kotecha; R v Kotecha; R v Kakkad; R v Suvania: Court of Appeal, Criminal Division (Lord Justice Pitchford, Mr Justice Wilkie, Mr Justice Holroyde): 6 September 2011 ...
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Sentencing
Imprisonment - Length of sentence - Conspiracy to supply Class A drug Attorney General's Reference (No 40 of 2011) R v Williams: Court of Appeal, Criminal Division (Lord Justice Pitchford, Mr Justice Tugendhat, Mr Justice Griffith Williams, judgment delivered ...
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Sentencing
Imprisonment - Length of sentence R v Johnson: Court of Appeal, Criminal Division: 8 September 2011 The Court of Appeal, Criminal Division, allowed an appeal by the defendant against an ...
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PFI; refusing requests; public sector salaries
Public authorities often enter into outsourcing and private finance initiative (PFI) arrangements with the private sector to run services or deliver capital projects. These are often the subject of complex requests for information under the Freedom of Information Act 2000 (FoI). Sometimes the private sector will ...
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Human rights
Police - Powers - Police containing protesters at demonstration R (on the application of Castle and others) v Commissioner of Police for the Metropolis: QBD (Admin) (Lord Justice Pitchford, Mr Justice Supperstone): 8 September 2011 ...
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Building a rapport
The last two years or so have been a problematic time for conveyancers as the effects of the recession have seen a fall in transactions, a severe and continuing hardening of mortgage-lending availability and terms, and continuing problems for solicitors in securing access to lenders’ residential conveyancing panels.
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Insolvency
Company - Voluntary winding up - Liquidator Re Sunwing Vacation Inc and others: Chancery Division (Mr Justice Morgan): 22 June 2011 The Chancery Division of the High Court allowed the ...
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Discrimination
Social security - Services for sick and disabled persons - Assessment of needs of sick and disabled persons JG and MB v Lancashire County Council: Administrative Court (Manchester) (Mr Justice Kenneth Parker): 2 September 2011 ...
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Employment
Employer’s duty to consult - Failure to consult union - Affected employee seeking protective award against employer Independent Insurance Co Ltd (in provisional liquidation) v Aspinall and another: EAT (Judge Serota QC, Mr D Bleiman, Mr J R Rivers): ...
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Unless orders - securing a party’s compliance
Unless orders (otherwise known as Hadkinson orders) were established in Hadkinson v Hadkinson [1952] P 285, CA. Although still relatively uncommon, there has been a series of reported cases where the power has been used by the courts over the last few years. It is an approach to be used ...
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Arbitration
Award - Enforcement - Freezing order - Claimant appealing Mobile Telesystems Finance SA v Nomihold Securities Inc: CA (Civ Div) (Lord Justices Ward, Tomlinson): 1 September 2011 The claimant company, ...
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Immigration
Asylum seeker - Detention - Claimant being detained prior to deportation R (on the application of S) v Secretary of State for the Home Department: QBD (Admin) (David Elvin QC sitting as a deputy judge of the High Court): ...
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Employment
Determination whether dismissal fair or unfair - Dismissal for misconduct - Employee failing to follow instruction and being dismissed Oudahar v Esporta Group Ltd: EAT (Judge Richardson, Mr D Evans, Mr B Warman): 22 July 2011 ...
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Criminal procedure
Unsafe conviction - Bias - Defendant appearing before Crown court - Recorder criticising defence statement R v Malcolm: CA (Crim Div) (Lord Chief Justice Lord Judge, Lord Justice Hooper, Mr Justice Blair): 1 September 2011 ...
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Duty of candour plans 'watered down'
The government proposes to introduce a duty of candour as part of its health reforms, requiring hospitals to tell patients when they have made mistakes - a move that follows a long campaign by Action Against Medical Accidents (AvMA) and other patient safety bodies. While the plans are welcome and ...
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Pitfalls of percentages
Percentages are the most common statistics which lawyers encounter in daily working life. You need to be confident of case facts and recognise potentially incomplete detail or evidence in order to defend your clients’ best interests. However, how do you see behind ...