News – Page 276
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News
Social security
Common law rights – Overpayment of benefits R (on the application of Child Poverty Action Group) v Secretary of State for Work & Pensions: Sup Ct (Lords Phillips (president), Rodger, Brown, Kerr, Sir John Dyson): 8 December 2010 ...
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Real property
Easements – Right to drive cattle Dewan & Ors v Lewis: CA (Civ Div) (Lords Justices Carnwath, Elias, Pitchford): 9 December 2010 The appellants (D) appealed against a decision that ...
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Legal advice
Access to justice – Disability equality duty – Mental health – Tender process Public Interest Lawyers v Legal Services Commission: QBD (Admin) (Mr Justice Cranston): 13 December 2010 The claimant ...
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Human rights
Detention – Drug trafficking – Right to life – Death of drug smuggler Ayesha Al Hassan-Daniel (in her own right and as representative of the estate of Anthony Daniel, deceased) & Anor (appellants) v Revenue & Customs Commissioners (respondent) ...
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Human rights
Local government – Penology and criminology – Declarations of incompatibility Peter Chester v (1) Secretary of State for Justice (2) Wakefield Metropolitan District Council: CA (Civ Div) (Lord Neuberger (MR), Lords Justices Laws, Carnwath): 17 December 2010 ...
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Family law
Administration of justice – Human rights – Jurisprudence – Children’s hearings Principal reporter v K: SC (Lords Hope (deputy president), Rodger, Kerr, Dyson, Lady Hale): 15 December 2010 The appellant ...
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Localism Bill – running the rule over council powers
The Localism Bill, published on 13 December, is a substantial and important piece of legislation. It has 207 clauses in eight parts and 24 schedules in 406 pages.
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The ins and outs of obtaining information relating to debtors
It is a well-known scriptural principle that ‘unto every one that hath shall be given… but from him that hath not shall be taken away’. Extracting assets from the hath-nots, however, is not always easy, as the recent decision of the Court of Appeal in Broomleigh Housing Association Ltd v ...
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Important lessons from the new process for low-value RTA claims
Beset by problems such as delays in providing registration log-ins, several insurers not being registered on the system and countless technical hitches involving the online portal, many have described the new streamlined low value road traffic claims process as a shambles. With the Ministry of Justice introducing the new electronic ...
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Employment
Remuneration - Holidays with pay Russell and others v Transocean International Resources Ltd and others: Supreme Court (Lords Hope DP, Brown, Mance, Kerr and Wilson SCJJ): 7 December 2011 The ...
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How old is too old? Retirement ages for partners
Telling someone that they must stop work merely because they have reached a particular birthday is a blatant form of age discrimination. Laws prohibiting age discrimination came into force in 2006 and were this year incorporated, largely unchanged, in the new Equality Act. Age differs from ...
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Defamation
Defamatory statements – Defences – Fair comment – Libel Spiller & Anor v Joseph & Ors: SC (Lords Phillips (president), Rodger, Walker, Brown, Sir John Dyson): 1 December 2010 The ...
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Civil procedure
Coroners – Inquests – National security – Terrorism R (on the application of Secretary of State for the Home Department) v HM Coroner for Inner West London: DC (Lords Justices Maurice Kay, Stanley Burnton): 30 November 2010 ...
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Code of Conduct – conflicts of interest and conveyancing
Among the changes the Solicitors Regulation Authority is intending to make as part of its move to outcomes-focused regulation (OFR) in October 2011 is the removal of the detailed provisions, under rule 3 of the current Code of Conduct, on conflicts of interest, relating to when a solicitor may or ...
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The issue of what constitutes a legal adviser
When is a legal adviser not a legal adviser? Based on section 147 of the Equality Act 2010, it appears to be when he is a legal adviser. Confused? Many have been. At this time of year one’s thoughts often turn to compromise agreements. Yet as ...
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Criminal law – Sentencing Council guidelines
On 6 April 2010 the new Sentencing Council came into being. Previous guidelines are deemed to be guidelines of the council until they are reconsidered. Courts must now follow any relevant guideline unless it is satisfied that it would not be in the interests of justice to do so. Similarly, ...
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Family law
Administration of justice – Ancillary relief – Anonymity – Conspiracy Sally Ann Lykiardopulo (appellant) v Panaghis Nicholas Fotis Lykiardopulo (respondent) and Michael Lykiardopulo (interested party): CA (Civ Div) (Lords Justices Thorpe, Stanley Burnton, Tomlinson): ...
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Legal profession
Administrative law – Bias – Conflict of interest – Disciplinary tribunals R (on the application of Kaur) v Institute of Legal Executives Appeal Tribunal: QBD (Admin) (Mr Justice Foskett): 23 November 2010 ...
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Immigration
Administration of justice – Human rights – Asylum and immigration tribunal MA (Somalia) (respondent) v Secretary of State for the Home Department (appellant): SC (Lords Phillips (president), Walker, Mance, Sir John Dyson, Lady Hale): ...