News – Page 268
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News
A heavier emphasis on complaints
Recent findings by a YouGov poll, commissioned by the Legal Services Board and published on 9 June 2011, reveal how many law firms may not be complying with their regulatory obligations, to inform their clients of their internal complaints- handling processes and their right to complain to the Legal Ombudsman. ...
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Negligence
Duty to take care - Economic loss - Damage to property Network Rail Infrastructure Ltd v Conarken Group Ltd; Network Rail Infrastructure Ltd v Farrell Transport Ltd: CA (Civ Div) (Lord Justices Pill, Moore-Bick, Jackson): 27 May 2011 ...
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Immigration
Asylum - Humanitarian protection grounds - Equivalency principle lFA (Iraq) v Secretary of State for the Home Department: SC (Lord Phillips (president), Lord Hope (deputy president), Justices of the Supreme Court Lord Brown, Lord Kerr, Lord Dyson): 25 May ...
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Freedom of information and datasets
In January, the government announced plans to amend the Freedom of Information Act 2000 (FoI) to ensure public authorities proactively release data in a way that allows businesses, non-profit organisations and others to reuse it for social and commercial purposes. OpenlyLocal, a local government data ...
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Many solicitors remain worryingly ignorant of the Get
A Get is a Jewish divorce document that dissolves the marriage of a Jewish couple. When they marry, there is a single ceremony which combines both the Jewish and civil marriage requirements. Should they divorce, however, two separate divorces are ...
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The notarial profession has a very bright future
On 24 May the European Court of Justice (ECJ) gave judgment on the seven cases before it concerning notaries. Fifteen nations were told that it was not possible to restrict work as a notary to their own nationals. Any qualified ...
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Immigration
Anonymity - Asylum seekers - Deportation - Detention Shepherd Masimba Kambadzi v Secretary of State for the Home Department: SC (Lord Hope (Deputy President), Lords Rodger, Brown, Kerr, Lady Hale): 25 May 2011 ...
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Criminal evidence
Criminal procedure - Criminal appeals - Fresh evidence - Identification R v George Davis: CA (Crim Div): (Lord Justices Hughes (Vice-President), Henriques, Macur): 24 May 2011 The appellant (D) appealed ...
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Civil procedure
Conflict of laws - Jurisdiction - Stay of proceedings Striborg Ltd v (1) FKI Engineering Ltd (2) FKI Ltd: CA (Civ Div): (Lord Justices Mummery, Rix, Wilson): 25 May 2011 ...
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Criminal procedure
Criminal evidence - Human rights - Scottish devolution issues - Miscarriage of justice Stephanie Baker (Respondent) v (1) Nat Gordon Fraser v HM Advocate: SC (Lords Hope (Deputy President), Rodger, Brown, Kerr, Dyson): 25 May 2011 ...
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Administrative law
Employment - Local government - Social welfare - Children’s services R (on the application of Sharon Shoesmith) v Ofsted and Ors: CA (Civ Div): (Lord Neuberger of Abbotsbury MR, Lord Justices Kay, Burnton): 27 May 2011 ...
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Law firms and retirement
Until 6 April, law firms could safely give notice to ‘retire’ employed staff at 65 under the default retirement age (DRA) exemption. Provided they followed the correct statutory retirement process, the retirement would be ‘fair’ with no age-discrimination risk. Indeed, ...
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Tackling dishonesty among legal partners
Dishonesty among partners has recently hit the headlines for all the wrong reasons. While such dishonesty is by no means rife, it is important to acknowledge that it can happen, especially as practices are increasingly coming under financial pressure. That ...
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Proportionate orders for sale
In a previous column (see ‘Charging to the front of the queue’), I pointed out that the scope for the court to refuse a creditor a charging order over a debtor’s property was more limited than many debtors would wish. What of the enforcement ...
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Developments in e-disclosure shaping the ways lawyers review evidence
Interviewed for a job once, one of us was asked to describe the essence of a piece of litigation. After offering a glib answer along the lines of the importance of the ability to read the future and people’s minds, the interviewer’s understanding impressed: ...
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Firms' duties in a tough economy
There is a fine line between being a harbinger of doom and a realist. Being objective, however, the signs are not good. It is undoubtedly the case that insolvency practitioners are becoming increasingly busy preparing reports on law firms for their creditor banks. ...
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Criminal procedure
Sentencing - Jurisdiction - Life prisoners - Mandatory life imprisonment R v Norman Hull: CA (Crim Div) (Lord Justice Pitchford, Mr Justice Wilkie, Judge Nicholas Cooke QC): 19 May 2011 ...
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Criminal procedure
Acquittals - Double jeopardy - Fresh evidence - Murder R v Dobson: CA (Crim Div) (Lord Chief Justice Lord Judge, Mrs Justice Rafferty, Mr Justice Holroyde): 18 May 2011 The ...
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Local government
Housing - Intentional homelessness - Priority needs - Temporary accommodation Oxford City Council v Darren Bull: CA (Civ Div) (Lord Justices Pill, Jackson, Tomlinson): 18 May 2011 The appellant local ...