News – Page 287
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News
Human rights
Delay – Detention – Parole – Prisoners’ rights Ian Gray v (1) Secretary of State for Justice (2) Parole Board: QBD (Admin) (Mr Justice Burnett): 11 January 2010 The claimant ...
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Criminal procedure
Bail – Legitimate expectation – Reasonableness – Crown Prosecution Service R (on the application of Burns) (claimant) v Woolwich Crown Court (defendant) & Crown Prosecution Service (interested party): DC (Lord Justice Aikens, Mr Justice Openshaw): 14 January 2010 ...
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Trial bundles: why they are important and how to get them right
A well-prepared trial bundle, available in good time, gives you an advantage in negotiations and the prospect of making a favourable impression on the court. Let us consider paragraph 3 of the practice direction to Civil Procedure Rules (CPR) rule 39 for civil cases and the ...
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Media law: protecting informants
Financial Times Limited and others v United Kingdom (application number 821/03), 15 December 2009.From time to time, an anonymous brown paper envelope finds its way mysteriously onto a reporter’s desk. That envelope contains leaked confidential documents telling a hell of a good story. ...
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Negligence
Breach of duty of care – Negligent misrepresentation – Solicitors Cabvision Ltd v (1) Leonard Paul Feetum (2) Stephen Richard Marsden (3) Simon Alan Smith (4) Dean & Dean: ChD (Mr Justice Norris): 21 December 2009 ...
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Criminal law – extending the jurisdiction of the magistrates’ courts
For hearings on or after 30 September 2009, significant amendments have been made to the Protection from Harassment Act 1997 by section 17 of the Domestic Violence, Crime and Victims Act 2004.
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Criminal procedure
Bail – Credit for time served – Electric monitoring – Sentencing R v Rudie Aaron Monaghan: R v Robert Douglas Tyler: R v Chay Gilbert: R v Asim Naser: R v Aquib Khan: R v Ben Chapman: CA ...
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Local government: a feast of legislation and a claim of discrimination
For those who loved the Local Democracy, Economic Development and Construction Bill, 12 November 2009 will have been an emotional day. It was then that, with one touch of the royal wand, the bill became an act of parliament.
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Local government
Accidents – Duty of care – Economic loss (1) Geoffrey Glaister (2) Geraldine Glaister (3) Natalie Glaister v Appleby-in-Westmorland Town Council: CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Lords Justice Jacob, Toulson): 9 December 2009 ...
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Penology/criminology
False imprisonment – Measure of damages – Prison officers/strikes Prison Officers Association v Mohammed Nazim Iqbal: CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Lady Justice Smith, Lord Justice Sullivan): 4 December 2009 ...
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Charging orders and their impact on creditors and debtors
Section 1(5) of the Charging Orders Act 1979 provides as follows: ‘In deciding whether to make a charging order the court shall consider all the circumstances of the case and, in particular, any evidence before it as to (a) the personal circumstances of the debtor, and (b) whether any other ...
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Jersey wills and grants for people domiciled outside Jersey
If a person dies domiciled outside Jersey owning assets in Jersey in their sole name, article 19(1) of the Probate (Jersey) Law 1998 provides that a Jersey grant must be obtained. Article 19(2) of the 1998 law provides that a Jersey grant is not required if ...
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Payment into court by cheque – when is payment ‘received’?
Where a party to proceedings has been ordered by the court to make a payment into court, whether for security for costs or otherwise, it is common practice for such a payment to be made from a firm’s client account by cheque.
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Criminal evidence
Expert evidence – Juries – Murder – Conflicting evidence (1) Lon Trach Gian (2) Noor Azura Mohd-Yusoff v Crown Prosecution Service: CA (Crim Div) (Lord Justice Moses, Mr Justice Keith, Mr Justice Foskett): 3 December 2009 ...
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Sentencing
Conspiracy – Counts – Sentence length – Supply of drugs R v David Sangster: R v Robert Burnell: R v Martyn Leslie Jackson: CA (Crim Div) (Lord Justice Maurice Kay, Mr Justice Sweeney, Mr Justice Slade): 2 December ...
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Expert evidence - revisions to the rules have stood the test of time
Expert evidence was one of the most controversial issues in Lord Woolf’s civil justice inquiry in the 1990s.
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Any claim to stamp duty land tax on goodwill should be appealed
Goodwill is produced by, and only by, people and not by things they use in business, but confusion reigns. The purpose of this article is to expose the pretence of clothing real property, land, with the value of goodwill, which is a species of personal property.
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Arbitration
Arbitral tribunals – Beneficial ownership – Islamic law – Real property Bhatti v Bhatti: Ch D (Sir Edward Evans-Lombe): 26 November 2009 The executor applied for summary judgment on ...