News – Page 263
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News
Sentencing
Imprisonment - Length of sentence - Possession of firearm with intent to cause fear of violence R v Weaver: CA (Crim Div) (Lord Justice Laws, Mr Justice Openshaw and Mr Justice Hickinbottom (judgment delivered extempore): 5 August 2011 ...
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Update to the Civil Procedure Rules
The Civil Procedure (Amendment No.2) Rules 2011 (SI 2007/1979) are a feeble affair with just three provisions, only one of which will be regarded as important by practitioners. Part 36 (offers to settle) ...
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Localism Bill
Some time ago, Paul McCartney sang about a long and winding road that led to his loved-one’s door. Many years later (in a slightly less romantic context) the Localism Bill is also travelling a very long and winding road that will no doubt lead to royal assent, probably in late ...
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Experts’ liability should be welcomed
One of the key recommendations of the Walker reforms of 2009 was to increase the responsibilities of non-executive directors. The reforms proposed that NEDs should spend up to 50% more time in their roles and have a far greater understanding of the business below board level enabling them to challenge ...
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Are advisers the weak link in the data chain?
2011 has been a busy year for hackers. In March, marketing giant, Epsilon, saw details of 2,500 customers on its database fall into unauthorised hands, affecting at least 19 of its client companies. Also in March, a security service and product supplier, RSA, was the subject of a so-called Advanced ...
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Subrogation
Circumstances in which doctrine applicable - Loan used to pay off existing debt to third party Ibrahim and Barclays Bank plc and another: Chancery Division (Mr Justice Vos): 21 July 2011 ...
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Immigration
Deportation - Bail - National Security R (on the application of BB) v Special Immigration Appeals Commission: Queen's Bench Division, Divisional Court (Sir Anthony May, Mr Justice Maddison): 2 August 2011 ...
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Arbitration
Appointment - Arbitrators required by arbitration clause in agreement between parties to be members of Ismaili community Jivraj v Hashwani: Supreme Court (Lords Phillips P, Walker, Mance, Clarke, Dyson): 27 July 2011 ...
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Expert witnesses
In parallel with the current debate about whether the law of privacy should be developed by the courts or by parliament, seven justices of the Supreme Court have been divided on a similar issue relating to the creation of an exception to the general rule that grants immunity from suit ...
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Sale of goods
Rejection of goods - Right to reject - Parties using terms and conditions from GAFTA 119 RG Grain Trade LLP (UK) v Feed Factors International Ltd: QBD (Comm) (Mr Justice Hamblen): 20 July 2011 ...
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Telecommunications
Mobile telephone networks - Claimants entering into agreements for use of sites by mobile phone network operators Arqiva Ltd and other companies v Everything Everywhere Ltd and other companies: QBD (TCC) (Mr Justice Ramsey): 26 July 2011 ...
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Partnership
Dissolution - Effect - Partnership property - Partnership Act 1890 Boghani v Nathoo: ChD (Sir Andrew Morritt): 2 August 2011 The parties carried on the business of hotel development as ...
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Arbitration
Award - Enforcement - Arbitration finding repudiatory breach of contract Dowans Holding SA and another company v Tanzania Electric Supply Co Ltd: QBD (Comm) (Mr Justice Burton): 27 July 2011 ...