News – Page 289
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News
Exposing the pretence of clothing property with the value of goodwill
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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News
Exposing the pretence of clothing real property, land, with the value of goodwill
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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News
Probate: privileged wills and not-so-helpful help
Just how unusual it is to have a modern case on privileged wills is, perhaps, indicated by the comment of judge Peter Langan at the start of his judgment in Re Estate of Ashley Edward Servoz-Gavin, deceased 14 September 2009: ‘The case has involved a forensic journey on a path ...
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Personal injury
Armed forces – Compensation – Medical treatment Secretary of State for Defence v (1) Anthony John Ross Duncan (2) Matthew Richard McWilliams: CA (Civ Div) (Lords Justice Keene, Carnwath, Elias): 12 October 2009 ...
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Employment
Employers’ duties – Honest belief – Strict liability – Transfer of undertakings Royal Mail Group Ltd v Communication Workers Union: CA (Civ Div) (Lords Justice Waller, Hughes, Rimer): 14 October 2009 ...
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Banking and finance
Mortgage fraud – Recovery orders Serious Organised Crime Agency v Athos Thanos Pelekanos: QBD (Mr Justice Hamblen): 2 October 2009 The applicant agency applied for a recovery order under part ...
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News
Criminal law roundup: more than just the usual suspects
Many suspects now surrender themselves to the police when it is known that they are subject to an investigation. They attend the police station as volunteers. Police culture is still deeply committed to making an arrest at that point. However, every arrest must be justified under section 24 of the ...
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News
Strike out for abuse of process: guidance for making and resisting applications
The courts’ wide powers under CPR 3.4(2) and the factors a court will take into account when considering an application to strike out a statement of case for abuse of process were considered by the Court of Appeal in Walbrook Trustees (Jersey) Ltd & Others v Fattal & Others [2009] ...
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New information commissioner Christopher Graham has much to do
The new information commissioner, Christopher Graham, took up his post in June this year. Mr Graham previously ran the Advertising Standards Authority. One of his main challenges will be to tackle the lengthy backlog of cases that his office (the ICO) has been struggling with.
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Employment
Age discrimination – Retirement age R (on the application of AGE UK) (claimant) v Secretary of State for Business, Innovation & Skills (defendant) & (1) Equality & Human Rights Commission (2) HM Attorney General (intervenors): QBD (Admin) (Mr Justice ...
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Local government: determining bias – and what is a public authority?
‘In law,’ Lord Steyn once reminded us, ‘context is everything’. And context was particularly relevant on 24 June this year, when the Court of Appeal agreed with Mr Justice Collins that a planning inspector’s decision was tainted by apparent bias...
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A look at the latest changes to the Civil Procedure Rules (50th update)
The Civil Procedure (Amendment) Rules 2009 (SI 2092) were made on 28 July 2009 and, with certain exceptions, come into force today. They are accompanied by an update (the 50th) containing amendments to the practice directions which are such a key part of the modern system. ...
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Legal profession
Costs –Intervention in solicitors’ practice – Suspected dishonesty – Solicitors Accounts Rules Shahrokh Mireskandari v Law Society: Ch D (Mr Justice Henderson): 4 September 2009 The court was required to determine issues of costs and other consequential matters ...
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Family law
Care orders – Interim orders – Likelihood of significant harm – Weight of evidence Re MGR (a child) sub nom Calderdale Metropolitan Borough Council v (1) JD (2) JR (3) RD (4) MGR (by her guardian): CA (Civ Div) ...
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Media: is Google a publisher or merely a facilitator?
A Google search is the first port of call for many of us when researching anything online. Indeed, according to Wikipedia, Google receives several hundred million queries each day. The Google engine searches an index of web pages, compiled and updated by Google automatically, and provides access to the sites ...