News – Page 285
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Landlord and tenant
Animals – Housing – Human rights – Nuisance Dee Thomas-Ashley v Drum Housing Association Ltd: CA (Civ Div) (Sir Andrew Morritt (chancellor), Lord Justice Thomas, Sir Scott Baker): 17 March 2010 ...
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Employment
Disciplinary procedures – Doctors – Gross misconduct – Unfair dismissal Sameer Sarkar v West London Mental Health NHS Trust: CA (Civ Div) (Lords Justice Mummery, Richards, Rimer): 19 March 2010 ...
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Negligence
Child sexual abuse – Clergy – Duty of care – Vicarious liability MAGA (by his litigation friend the Official Solicitor) v Trustees of the Birmingham Archdiocese of the Roman Catholic Church: CA (Civ Div) (Lord Neuberger of Abbotsbury, Master ...
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Why you should be interested in World Intellectual Property Day
The World lntellectual Property Organisation (WIPO) is a UN agency dedicated to developing a balanced and accessible international intellectual property (IP) system. Based in Geneva, WIPO has a mandate to promote the protection of worldwide IP through cooperation among states and collaboration with other international organisations.
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Examining the RTA provisions ahead of next month’s implementation
The Civil Procedure (Amendment) Rules 2010 and update 52 come into force on 30 April. This article is confined to a summary of the most important aspects of these amendments, namely the new Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA Protocol). All lawyers ...
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Local government: general competence to restore vires confidence
If money does actually make the world go round (as enthusiastically asserted by MC and Sally Bowles in the 1972 film Cabaret) then it is confidence that fuels it. For, as we have all been experiencing, just as confidence ebbs, so does the economic system slow down and stagnate. And ...
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Intellectual property
Contracts – Commercial law – Media and entertainment – Electronic commerce Pink Floyd Music Ltd & anr v EMI Records Ltd: Ch D (Sir Andrew Morritt (chancellor)): 11 March 2010 ...
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Civil procedure
Civil evidence – Personal injury – Appeals – Fraud – Fresh evidence Martin Raymond Owens v Mark Noble: CA (Civ Div) (Lords Justice Sedley, Elias, Lady Justice Smith): 10 March 2010 ...
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Family law
Conflict of laws – Ancillary relief – Divorce – Foreign judgements Agbaje (respondent) v Akinnoye-Agbaje (FC) (appellant): SC (Lords Phillips (president), Rodger, Collins, Kerr, Lady Hale): 10 March 2010 ...
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Criminal law: sentencing, costs and confiscation
On 26 October 2009, the sentencing guideline for statutory offences of fraud came into force. The guideline does not deal with the offences of conspiracy to defraud or cheating the public revenue, where case law will continue to apply. Since many fraud offences are broadly defined, some types of activity ...
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Sentencing
Custodial sentences – Return to custody – Sentence length R v Jamie Costello: CA (Crim Div) (Lord Justice Hughes (vice-president), Mr Justice Mackay, Mr Justice Lloyd Jones): 2 March 2010 ...
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Civil procedure
Admissibility – Civil recovery proceedings – Proceeds of crime Ronald Olden v Serious Organised Crime Agency: CA (Civ Div) (Lords Justice Rix, Wilson, Sir Scott Baker): 26 February 2010 The ...
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Family law
Human rights – Local government – Care proceedings – Child sexual abuse – Cross examination Re W (children): SC (Lady Hale, Lords Walker, Brown, Mance, Kerr): 3 March 2010 The ...
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Probate: inheritance tax, mistakes, Hastings-Bass and disinherited children
Mr Pitt was left brain damaged after a road accident. His wife was appointed his receiver. Mr Pitt received £1.2m in agreed damages. Acting on the advice of financial advisers Mrs Pitt transferred the lump sum to a discretionary settlement.
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Financial regulation
Civil evidence – Human rights – Disclosure – Documents (1) Financial Services Authority (2) Elisabeth Connell (3) Patricia Senra (appellants) v (1) AMRO International SA (2) Creon Management SA (respondents) and Goodman Jones LLP (interested party): CA (Civ ...
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Legal profession
Barristers’ powers and duties – Instructions – Overriding objective – Retainers Richard Buxton (solicitors) (appellant) v Huw Llewelyn Paul Mills-Owens (respondent) and Law Society (intervener): CA (Civ Div) (Sir Mark Potter (President Fam Div), Lords Justice Dyson, Maurice ...
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Secret filming and the case law that subsequently arises
A good story is always more dazzling than a broken piece of truth – Diane Setterfield, The Thirteenth Tale
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Dispute resolution: recovering costs before allocation
Is a costs judge entitled to take the view that a matter would have been allocated to the small claims track (and therefore requiring the paying party to pay costs on the small claims track basis) where a case is settled before allocation and the consent order provides for costs ...
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Employment
Christianity – Detriment – Religious discrimination – Jewellery Eweida v British Airways Plc: CA (Civ Div) (Lords Justice Sedley, Carnwath, Lady Justice Smith): 12 February 2010 The appellant employee ...