News – Page 288
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News
Personal injury
Delay – Discretion – Limitation periods – Road traffic accidents McDonnell and anor v David Walker (executor of the estate of Richard Walker, deceased): CA (Civ Div) (Lords Justice Waller (vice-president), Rimer, Sir Paul Kennedy): 24 November 2009 ...
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Freedom of information – update on recent FoI cases
The recent controversy over bonuses paid to civil servants employed by the Ministry of Defence highlights the public interest in salaries and bonuses of public sector officials.
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What to watch in invoice finance
Invoice finance has grown enormously in the last decade after the banks had finally understood that they could not easily obtain a fixed charge over book debts. Rather than rely solely on a floating charge, banks realised that the safest way of financing the cashflow of ...
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Family law
Birth parents – Children’s rights – Residence orders Re B (a child): SC (Lord Hope (Deputy President), Lady Hale, Lord Collins, Lord Kerr, Lord Clarke): 19 November 2009 The appellant ...
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Clinical negligence
Blood disorders – Causation – Duty of care – Genetic testing (1) Hanan Basem Farraj (2) Basem Farraj (claimants/first respondents) v (1) King’s Healthcare NHS Trust (KCH) (first defendant/part 20 claimant/appellant) (2) Cytogenetic DNA Services Ltd (CSL) (second defendant/part ...
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Criminal law: youth justice and sentencing
Major changes are being made to the way that courts may sentence young offenders. On 27 April, provisions were brought into force to increase the use of referral orders. These are mandatory if the offence is imprisonable and a first-time offender admits the offence and all connected offences, and the ...
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Negligence
Asbestos - Causation - Duty of care - Mesothelioma Karen Sienkiewicz (administratrix of the estate of Enid Costello, deceased) v Greif (UK) Ltd: Lord Clarke of Stone-cum-Ebony, Lord Justice Scott Baker, Lady Justice Smith): CA (Civ Div) : 6 ...
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Commercial considerations can influence the discharge of liabilities
In Collier v P&MJ Wright (Holdings) Ltd [2007] EWCA Civ 1329, [2008] 1 WLR 643, [2007] All ER(D) 233 (Dec) (Collier), the Court of Appeal examined the rule in Pinnel’s case (1603) 5 Coke’s Rep 117a (the rule), in the context of contemporary commercial considerations.
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Immigration: migrants who wish to qualify as UK lawyers
Studying law with a UK institution and becoming a solicitor or barrister in the UK has long been an esteemed achievement by lawyers around the world. Historically, the UK has welcomed migrants who wish to undertake the challenge. Immigration rules (the rules) and related concessions have made routes to becoming ...
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Government: local authority mutual insurance companies
Pity really, everyone was having such a wonderful time. It was, as the saying goes, a swell party and one designed to save lots of money. But then, all of a sudden, there was a raid: the front door was kicked in, the music stopped and everyone had to go ...
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Criminal procedure
Assumptions – Breath samples – Driving while over the limit – Newton hearings Thomas Goldsmith v Director of Public Prosecutions: DC (Lord Justice Sullivan, Mr Justice Openshaw): 4 November 2009 ...
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Personal injury
Duty of care – Findings of fact – Football Andrew Kerr v GED Willis: CA (Civ Div) (Lord Neuberger (master of the rolls), Mr Justice Smith, Lord Justice Toulson): 4 November 2009 ...
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Dispute resolution: enforcing against a judgment debtor
All prudent dispute resolution lawyers are well aware that, despite having obtained a judgment in favour of a client, enforcing that judgment against a judgment debtor could potentially cause great problems.
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Civil procedure
Banking and finance – Costs - Disclosure Timothy Duncan Earles v Barclays Bank plc: QBD (Birmingham) (Judge Simon Brown QC): 8 October 2009 The claimant (E) claimed damages in respect ...
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Criminal procedure
Road traffic – Notices of intended prosecution – Postal service – Time limits Gidden v Chief Constable of Humberside: DC (Lord Justice Elias, Mr Justice Openshaw): 29 October 2009 The ...
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Does a recent decision mean some people will never escape past convictions?
Imagine the scene, you are 18 years old, you have rather unwisely been a bit rowdy after sampling your first shandy and the overworked police officer has arrested you for a breach of the peace. You are not judged to be a serious threat to society and are bound over ...
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Employment – is Or-well with the Equality Bill?
Was it Harriet Harman who wrote that ‘all employees are equal, but some employees are more equal than others’? Whoever it was, they may well have foreseen some of the more interesting provisions of the latest version of the Equality Bill, which, we are assured, is still cranking its way ...
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Employment
Criminal Records Bureau – Data protection – Principles - Duration (1) Chief Constable of Humberside (2) Chief Constable of Staffordshire (3) Chief Constable of Northumbria (4) Chief Constable of West Midlands (5) Chief Constable of Greater Manchester (appellants) v ...
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Family law
Ancillary relief – Divorce petitions – Enforcement M v M: CA (Civ Div) (Lords Justice Thorpe, Wall, Mr Justice Coleridge): 21 October 2009 The appellant husband (H) appealed against ...
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Home truths: new regulations for cancelling contracts
Solicitors who see clients at home need to be aware of new regulations for cancelling contracts, says District Judge Pal Sanghera The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 came into force on 1 October 2008. In a ...