News – Page 275
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Personal injury
Negligence – Hospitality and leisure – Breach of duty of care – Foreseeability Everett and Anor v Comojo (UK) Ltd (T/A the Metropolitan and Ors): CA (Civ Div) (Lords Justices Rix, Richards, Lady Justice Smith): 18 January 2011 ...
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Criminal procedure
Sentencing - Discharge of jury - Disclosure - Jury tampering R v (1) John Twomey (2) Peter Blake (3) Barry Hibberd (4) Glen Cameron: CA (Crim Div) (Lord Chief Justice Lord Judge, Mr Justice Rafferty, Mr Justice Roderick Evans): ...
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Environment
European Union – Local government – Planning – Conservation Morge v Hampshire County Council: SC (Lords Walker, Brown, Mance, Kerr, Lady Hale): 19 January 2011 The appellant objector (M) appealed ...
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Treatment of inherited assets upon divorce
Ever since the House of Lords decision in White v White [2000] UKHL 54, there has been an ongoing debate among family lawyers regarding the treatment of inherited assets upon divorce. As Lord Nicholls stated in White: ‘The judge should take it into account. He should decide how important it ...
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Immigration
Compassionate grounds – HIV – Leave to remain – Medical treatment SG (Zimbabwe) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justices Sedley, Rimer, Sullivan): 12 January 2011 ...
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Immigration
Human rights – Asylum – Children’s welfare – Failed asylum seekers R (on the application of (1) Reetha Suppiah (2) Danahar Govindasamy (a child by his litigation friend Reetha Suppiah) (3) Emmanuel Govindasamy (a child by his litigation friend ...
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Administrative law
Discrimination – Employment – Government administration – Department for Business Innovation and Skills R (on the application of Cordant Group Plc) (claimant) v Secretary of State for Business, Innovation and Skills (defendant) and HM Treasury (interested party): QBD (Admin) ...
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Freedom of information: who 'holds' project licences?
The Freedom of Information Act 2000 (FoI) applies to information which is held by a public authority at the time it receives an access request. The First Tier Tribunal (Information Rights) recently examined the sometimes difficult question of when information is ‘held’ in ...
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Direct access to the bar
We always caution ourselves against stereotyping, but sometimes we just cannot help ourselves. The first time I ventured into London as a tyro lawyer to consult with the barrister my firm had instructed for a tricky commercial litigation, I was delighted to find my prejudices confirmed. A threadbare carpet, an ...
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Intellectual property
Infringement - Trade marks – Irreparable harm – Balance of injustice Cowshed Products Ltd v (1) Island Origins Ltd (2) Patrick O’Connor (3) Bianca O’Connor: Chd (Judge Birss QC): 17 December 2010 ...
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Scouting – social value and balancing risk
The Scout Association v Barnes [2010] EWCA Civ 1476 (Lord Justice Ward, Lady Justice Smith and Lord Justice Jackson) When 13 years of age, the claimant suffered injuries valued at £7,000 in an accident ...
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How can trustees decide which investment vehicle is best?
The dramatic volatility of stock markets over the past decade has shaken investors’ belief in the traditional approaches to investment, and trustees are in danger of exposing their beneficiaries to undue risk by failing to review their portfolios. This article looks at two major investment vehicles which facilitate diversification – ...
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Lawyers' part in reducing clients' pension deficits
On 10 December 2010, Mr Justice Briggs ruled in the High Court that any Financial Support Direction (FSD) or Contribution Notice (CN) from The Pensions Regulator (TPR) issued against an insolvent company will rank as an administration expense, and therefore take priority over other liabilities such as bank loans. This ...
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The benefits of joining the residential conveyancing scheme
Despite the challenges from licensed conveyancers, it is believed that between 85% and 90% of the conveyancing market are solicitors. However, it is hard to tell how accurate this figure is. Of only 600,000-800,000 transactions last year (which includes remortgages), the largest Land Registry users include Enact and My Home ...
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An important appeal court judgment relating to contact orders
The decision of the Court of Appeal in the matter of L-W Children [2010] EWCA Civ 1253 has surprised many people. Some have probably used even stronger language. It is probably best if, in this article, I concentrate on analysis and practicalities. ...
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Probate update: RSPCA appeals
What an exciting month December was. We got decisions in the two big RSPCA appeals. In Gill v RSPCA [2009] EWHC 2990 (Ch), at first instance the court held that the will which disinherited Mrs Gill’s only daughter, leaving everything to the RSPCA, was invalid. It ...
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Sentencing
Deterrence – Undue leniency Attorney General’s Reference (nos 37, 38 and 65 of 2010) sub nom R v (1) Shahawaz Ali Khan (2) Raza Ali Khan (3) Perveen Khan: CA (Civ Div) (Lord Justice Pitchford, Mr Justice Henriques, Judge ...
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Company law
Share valuation – Unlawful distribution of capital Progress Property Co Ltd v Moorgarth Group Ltd: Sup Ct (Lords Phillips (President), Walker, Mance, Collins, Clarke): 8 December 2010 The appellant company ...