News – Page 278
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News
Family law
Ancillary relief – Discretion – Fairness – Foreign nationals Radmacher v Granatino Sub Nom NG V KR (pre-nuptial contract): SC (Lords Phillips (president), Hope (deputy president), Rodger, Walker, Brown, Mance, Collins, Kerr, Lady Hale): 20 October 2010 ...
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Negligence
Health and safety at work – Local government – Breach of statutory duty – Risk assessments Steven Threlfall v Hull City Council: CA (Civ Div) (Lords Justices Ward, Jackson, Lady Justice Smith): 20 October 2010 ...
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Costs liability on discontinuing a claim
It is not uncommon for a claimant to decide to discontinue his claim after he has issued proceedings. If this is done then clearly the costs consequences set out in Civil Procedure Rule 38.6 (1) will apply. CPR 38.6(1) provides: ‘Unless the court orders otherwise, ...
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With economy on the mend, are we out of the woods?
A year has passed since the end of the recession; with an expected lag between a recessionary and subsequent insolvency peak of 12-18 months, many predicted that 2010 would see a large rise in corporate insolvencies. Instead, comparing Q2 2009 and 2010, we have seen a 19% fall in liquidations ...
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Solicitors are still having difficulty with service of proceedings
The Civil Procedure Rules (CPR) are generally seen as being a success. True, they have not brought down the cost of litigation, but they have given a degree of certainty as to procedure. The fact that solicitors are still falling foul of the CPR when it comes to service by ...
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Civil procedure
Committal for contempt – Suspended committal orders – Judgment debtor’s failure to attend court Broomleigh Housing Association Ltd v Emeka Okonkwo: CA (Civ Div): 13 October 2010 The appellant (O) ...
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Local authority publicity and housing possessions
That the government shop is under new management is clear. It has a radical new look and feel – and an impatient determination to slim the entire operation and to reshape fundamentally the focus of policy. These impressions were reinforced on 29 September when Communities and Local Government issued its ...
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Public procurement
Legal advice and funding - Accreditation - Consultation documents - Legal profession R (on the application of the Law Society) v Legal Services Commission: QBD (Admin) (Lord Justice Moses, Mr Justice Beatson): 30 September 2010 ...
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Civil procedure
Costs - Insolvency - Local government - Bankruptcy petitions Banfield v Harrow London Borough Council: ChD (Mr Justice Lewison): 6 October 2010 The appellant (B) appealed against a costs decision ...
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Intellectual property
Equity - Median and entertainment - BBC - Breach of confidence BBC v (1) Harpercollins Publishers Ltd (2) Ben Collins (3) Collins Autosport Ltd: Ch D (Mr Justice Morgan): 4 October 2010 ...
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Improperly obtained documents in divorce proceedings
In light of the Court of Appeal’s decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of improperly obtained documents.
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Environment
Planning – Authorisations – Inspectors – Waste disposal Berry & Marshall (Bolton Wood) Ltd (claimant) v Secretary of State for Environment, Food and Rural Affairs (defendant) and (1) Environment Agency (2) Bradford Metropolitan Borough Council (interested parties): QBD (Admin) ...
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Local authorities and surveillance
For the first time in its history, the Investigatory Powers Tribunal (IPT) has published a ruling concerning a local authority’s use of surveillance powers under part 2 of the Regulation of Investigatory Powers Act 2000 (RIPA).
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How law firms can reduce the cost of property liabilities
Without question, the use of property by legal firms as both a financial and strategic tool has evolved very quickly in the past three years, aided by the recession. It has transformed from a traditional ‘place to do work’ to one with a myriad of agendas. ...