News – Page 279

  • News

    Wills and testamentary capacity

    2010-10-07T00:00:00Z

    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 ...

  • News

    A Tanzanian teaching experience

    2010-10-06T00:00:00Z

    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, ...

  • News

    A change in direction on electronic disclosure

    2010-10-01T00:00:00Z

    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 ...

  • News

    Civil procedure

    2010-09-30T00:00:00Z

    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 ...

  • News

    Local government

    2010-09-30T00:00:00Z

    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 ...

  • News

    Employment

    2010-09-30T00:00:00Z

    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) ...

  • News

    Negligence

    2010-09-30T00:00:00Z

    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 ...

  • News

    Legal advice

    2010-09-30T00:00:00Z

    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 ...

  • News

    Terminating agency agreements – watch your language

    2010-09-30T00:00:00Z

    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.

  • News

    What a HIP-free property landscape will mean for conveyancers

    2010-09-30T00:00:00Z

    Jan Boothroyd considers the new HIP-free property landscape and what this will mean for conveyancers

  • News

    Neighbour boundary disputes

    2010-09-30T00:00:00Z

    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 ...

  • News

    How can law firms find the value in their brand?

    2010-09-27T00:00:00Z

    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 ...

  • News

    Immigration

    2010-09-23T00:00:00Z

    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 ...

  • News

    Fraud

    2010-09-23T00:00:00Z

    VAT – Groups of companies – Input tax – Knowledge (1) Mobile Export 365 Ltd (2) Shelford (IT) Ltd v Revenue & Customs Commissioners: FTT (Tax) (Judge David Williams, K Goddard, R Spector): 6 August 2010 ...

  • News

    Sentencing

    2010-09-23T00:00:00Z

    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 ...

  • News

    The Audit Commission and legal professional privilege

    2010-09-23T00:00:00Z

    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’.

  • News

    Employment

    2010-09-16T00:00:00Z

    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 ...

  • News

    Civil procedure

    2010-09-16T00:00:00Z

    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 ...

  • News

    Freedom of Information Act and exemptions to the rule

    2010-09-16T00:00:00Z

    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 ...

  • News

    Personal injury interest calculation tables

    2010-09-16T00:00:00Z

    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 ...