News – Page 277
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News
Recent cases of ‘voluntary erasure’ raise important issues
Should a doctor who is the subject of a current fitness to practise complaint before the General Medical Council (GMC) be permitted to retire from the medical register on the grounds of ill health, and thereby avoid a public fitness to practise hearing?
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Intellectual property
Conflict of laws - Information technology - Authorisation (1) Football Dataco Ltd (2) Scottish Premier League Ltd (3) Scottish Football League (4) PA Sport UK LTD v (1) Sportradar GMBH (a company registered in Germany) (2) Sportradar AG ...
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Immigration
Asylum - Asylum seekers - Persecution (1) RT (Zimbabwe) (2) SM (Zimbabwe) (3) DM (Zimbabwe) (4) AM (Zimbabwe) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justices Carnwath, Lloyd, Sullivan): 18 November 2010 ...
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Civil procedure
Discrimination – Equality and Human Rights Commission – Lay assessors S Deman v Commission for Equality and Human Rights and others: CA (Civ Div) (Lords Justices Sedley, Moses): 6 November 2010 ...
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Injunctions and protecting private information
Adakini Ntuli v Howard Donald [2010] EWCA Civ 1276 – ‘Why shud I continue 2 suffer financially 4 the sake of loyalty when selling my story will sort my life out?’
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The benefits of the Law Society’s Conveyancing Quality Scheme
The last 12 months have been very difficult for conveyancers. They have faced low volumes of transactions caused by ‘mortgage famine’, and consumer anxiety about the economy generally. This has been exacerbated by estate agents’ increasingly aggressive attitude towards referral fees.
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Electoral process
Election rules – Freedom of expression – Proportionality Robert Elwyn James Watkins v Philip James Woolas EWHC 2702 (QB) DC (Mr Justice Teare, Mr Justice Griffith Williams): 5 November 2010 ...
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Real property
Landlord and tenant – Common parts – Caretaker’s flat – Leases Earl Cadogan & Anor v Panagopoulos & Anor [2010] EWCA Civ 1259: CA (Civ Div) (Sir Andrew Morritt (chancellor), Lords Justices Carnwath, Hughes): 11 November 2010 ...
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Suitability of personal protective equipment
I have previously written that ‘suitability’ under the Personal Protective Equipment Regulations 1992 is a question of fact, but in terms of these regulations and their application in the context of health and safety, it must be interpreted in the widest sense. One has to look at the risk of ...
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Discrimination claims carry extra risks in law firms
Discrimination claims can be as devastating for employers as they are for employees. They divert attention from core business priorities, disturb working relationships and cost a great deal. All employers share this joy but for a solicitors’ practice there is the further jeopardy created by the regulatory regime of the ...
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Civil procedure
Conflict of laws – Allocation of jurisdiction – Court fees SK Slavia Praha-Fotbal AS v (1) Debt Collection London Ltd (2) ENIC Group: CA (Civ Div) (Lords Justices Mummery, Lloyd, Stanley Burnton): 4 November 2010 ...
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Local government
Environment – Human rights – Public procurement Veolia ES Nottinghamshire Ltd (appellant) v Nottinghamshire County Council (respondent) and (1) Shlomo Dowen (2) Audit Commission for Local Authorities and the National Health Service For England (interested parties): CA (Civ Div) ...
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The implications of a court ruling on vague IT contract terms
In my last column I described the syndrome of IT contract blindness – the ailment that causes parties to an IT contract not to notice that the words in the agreement bear little resemblance to what they are actually planning on doing. Since writing, it has fallen to the Court ...
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Bankruptcy proceedings and debt collection
In Everitt v Budhram [2010] Ch 1070, Mrs Budhram had been made bankrupt in 2006 for non-payment of £13,130 council tax. She paid the outstanding tax and the petitioning creditor’s costs, but steadfastly failed to engage with the trustee in bankruptcy, and ultimately in 2009, the trustee sought an order ...
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Drive to raise awareness of pro bono costs
Why did the master of the rolls, the solicitor general, a former attorney general and leaders of the legal profession join forces last week? Their aim was to launch a campaign to raise awareness of pro bono costs. Although introduced two years ago by section ...
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Family law
Ancillary relief – Financial provision orders – Fresh evidence Erik Maurice William Robson v Chloe Annabel Robson: CA (Civ Div) (Lords Justices Ward, Hughes, Patten): 27 October 2010 The appellant ...
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Employment
Automatically unfair dismissal – Disciplinary procedures – Redundancy Douglas Cartwright v King’s College London: CA (Civ Div) (Lords Justices Sedley, Rimer, Patten): 27 October 2010 The appellant former employee (C) ...
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Human rights
Criminal procedure – Admissibility – Police interviews Cadder v HM Advocate: SC (Lords Hope (deputy president), Rodger, Walker, Brown, Mance, Kerr, Sir John Dyson): 26 October 2010
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Pre-nups – now worth the paper they're written on
The long-awaited decision of the Supreme Court in Radmacher (formerly Granatino) v Granatino [2010] UKSC 42 is a significant step in the recognition of pre- and post-nuptial agreements. The starting point is that parties should be held to properly drawn up agreements unless certain circumstances arise.