News – Page 279
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News
Wills and testamentary capacity
Perrins v Holland and others [2010] EWCA Civ 840 Mr Justice Lewison had applied the principles of Parker v Felgate (1883) 8 PD 171 to declare a will valid where the testator had given instructions in April 2000 but did not execute the ...
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A Tanzanian teaching experience
One of the greatest rewards for any coach, mentor or trainer in the development process is to be able to help individuals and teams realise their potential and develop their talent. The ‘dream’ scenario is that, before your eyes, skills are gradually mastered, performance improved and confidence built and sustained, ...
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A change in direction on electronic disclosure
The introduction of Practice Direction 31BOn 1 October 2010, a new practice direction, 31B on the disclosure of electronic documents comes into effect. The new practice direction is designed to encourage and assist the parties to reach agreement on the disclosure of electronic ...
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Civil procedure
Insurance – Conflict of laws – Applicable law – Choice of law Stonebridge Underwriting Ltd v Ontario Municipal Insurance Exchange: QBD (Comm) (Mr Justice Christopher Clarke): 10 September 2010 The ...
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Local government
Employment – Equal pay questionnaires – Statutory grievance procedures DM Birch and 99 others v (1) Walsall Metropolitan Borough Council (2) Housing 21 Ltd (3) Sodexo Healthcare Services Ltd (4) Pinnacle Housing Ltd: EAT (Mrs Justice Cox): 10 September ...
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Employment
Discrimination – Comparators – Reasons – Unfair dismissal JP Morgan Europe Ltd v R Chweidan: EAT (Judge Serota QC, A Gallico, K Mohanty): 26 August 2010 The appellant employer (M) ...
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Negligence
Contractual liability – Exclusion clauses – Liability insurance – Burden of proof Omega Proteins Ltd v Aspen Insurance Uk Ltd: QBD (Comm) (Mr Justice Clarke): 10 September 2010 The claimant ...
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Legal advice
Equal treatment – Legal Services Commission – Legitimate expectation – Tender period Azam & Co Solicitors v Legal Services Commission (2010) CA (Civ Div) (Lords Justices Pill, Rimer, Sullivan): 10 September 2010 ...
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Terminating agency agreements – watch your language
The court in Stephen Gledhill v Bentley Designs (UK) Limited [2010] EWHC B8 (Mercantile) considered whether the principal (the defendant) had lawfully terminated the agency agreement on grounds that the agent’s (the claimant) purported abusive conduct had amounted to a fundamental breach of contract and thereby justified the termination.
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What a HIP-free property landscape will mean for conveyancers
Jan Boothroyd considers the new HIP-free property landscape and what this will mean for conveyancers
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Neighbour boundary disputes
The days when solicitors spent hours poring over plans drawn on ancient conveyances are long gone. Articled clerks (as they were then called) spent days tracing land ownership through successive generations. The carefree draftsperson cobbled together a parcels clause, or adopted unquestioningly a re-photocopied plan thereby doubling the width of ...
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How can law firms find the value in their brand?
Intellectual property makes a significant contribution to businesses in almost every sector. The law is no exception. A law firm’s intellectual property, such as trademarks, reputation, copyright, websites and client relationships, can be considered individually or collectively as the brand. Law firm brands are highly valuable, serve many purposes and ...
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Immigration
Administrative decision-making – Armed forces – Character – Conduct R (on the application of Charly Ngouh) v Secretary of State for the Home Department: QBD (Admin) (Mr Justice Foskett): 27 August 2010 ...
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Sentencing
Criminology – Long-term prisoners – Rape – Release on licence R (on the application of Webb) v Secretary of State for Justice: CA (Civ Div) (Lords Justices Pill, Wilson, Sullivan): 8 September 2010 ...
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The Audit Commission and legal professional privilege
On 13 August 2010, communities and local government secretary Eric Pickles announced the Audit Commission’s forthcoming demise. He claimed that the commission had ‘lost its way’, moving from being a watchdog championing taxpayers’ interests to a ‘creature of the Whitehall state’.
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Employment
Gross misconduct – Law firms – Unfair dismissal Wilson Devonald Ltd v S Suckling: EAT (Judge Serota QC, D Evans CBE, P Gammon MBE): 3 August 2010 The appellant employer ...
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Civil procedure
Corporation tax – Costs – Group relief Revenue & Customs Commissioners v Marks & Spencer Plc: ChD (Mr Justice Warren): 27 August 2010 The court was required to determine outstanding ...
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Freedom of Information Act and exemptions to the rule
There is no single FoI exemption which covers such reports, and often they will be disclosable in their entirety because they will contain no specific information about surveillance operations. However, where this is the case, or the request is for wider information about surveillance activity, the section 31 exemption (law ...
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Personal injury interest calculation tables
The standard rate of interest on general damages for pain and suffering and loss of amenities in personal injury cases was fixed at 2% a year by the House of Lords in Birkett v Hayes [1982] 1 WLR 816; [1982] 2 All ER 70). This was confirmed as appropriate by ...