News – Page 290
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News
How will more changes to points-based immigration affect the City?
In August 2009, the UK Border Agency announced further changes to the points-based immigration system that was introduced in late 2008. These changes, introduced after months of lobbying, go beyond the scope of the almost weekly changes and 'fixes' that employers and immigration lawyers have been getting used to. ...
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Personal injury interest calculation tables
The standard rate of interest on general damages for pain and suffering and loss of amenities in personal injury cases was fixed at 2% per annum by the House of Lords in Birkett v Hayes [1982] 1 WLR 816; [1982] 2 All ER 70. This was confirmed as appropriate by ...
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Getting to grips with points-based immigration
Immigration continues to be a highly politicised and sensitive area. The government is keen to use objective data received on the impact of migration on the British economy to continue to monitor and change the newly introduced points-based system (PBS). The government is eager to demonstrate that the pledged flexibility ...
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Real property
Compensation – Compulsory purchase – Neighbouring land – Rental value (1) Stewart John Pattle (2) Craig Pattle v Secretary of State for Transport: UT (Lands) (Judge Huskinson, Andrew Trott): 21 July 2009 ...
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Local government - London Authorities Mutual Limited
The phoenix is a splendid mythical bird that is serious about regeneration. Near the end of its 500-1,000 year lifecycle it burns itself to ashes, only to emerge anew to live through another lifetime.
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Freezing assets of ‘terrorists’ – how fair is the UN sanctions committee?
The attacks on the World Trade Center in 2001 brought many changes to the legal landscape, of which three facets are perhaps most familiar to legal practitioners: criminal trials of suspected terrorists; control orders imposed on those suspected of terrorist activity; and the extradition of terrorist suspects to other countries, ...
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Interpreting part 6 of the CPR: service by fax
The Civil Procedure (Amendment) Rules 2008, which came into force on 1 October 2008, brought about a number of significant amendments to the CPR, including changes to the rules governing the service of the claim form on defendants. The interpretation of some of these rules, in particular in relation to ...
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Negligence
Asbestos – Breach of duty of care – Contractors Corus UK Ltd v (1) Cavendish (UK) Ltd (2) Cavendish Laboratories Ltd (3) Woods Building Services Ltd: QBD (Mr Justice Foskett): 7 August 2009 ...
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Personal injury
Contract terms – Disclosure – Miners – Vibration white finger Brian Strydom v Vendside Ltd: QBD (Mr Justice Blair): 18 August 2009 The appellant (S) appealed against a decision dismissing ...
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Intellectual property: How L’Oreal won the battle of the scents
In a major victory for the owners of well-known brands, the European Court of Justice may have crushed the market in ‘imitation’ products – and caused problems for any brand that might be similar to a well-known brand.
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Human rights: clarifying the law on assisted suicide
R (on the application of Purdy) v the Director of Public Prosecutions [2009] UKHL 44. There are several remarkable features about the case of Debbie Purdy. For one, the case started with judicial review proceedings in April 2008, concluding with the House of Lords judgment ...
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Real property
Civil procedure – Breach of undertaking – Conveyancing – Land charges (1) Adrian Paul Clark (2) Heather Jane Clark v Lucas Solicitors LLP: Ch D (Sarah Asplin QC): 31 July 2009 ...
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Company law
Damages – Amendments – Loss of chance – Reflective loss Charles Frederick Webster v Sandersons Solicitors (a firm): CA (Civ Div) (Lord Clarke of Stone-cum-Ebony, Master of the Rolls, Lady Justice Arden, Lord Justice Lloyd): 31 July 2009 ...
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Pre-contract discussions: useful, but won’t work in court
Funny things, contracts. They start their lives in a honeymoon of smiles and happy expectation, as the parties individually believe their interests have been buttoned down firmly and fortified with ‘hoops of steel’. But time passes, events happen, and the document is eventually pulled out of a dusty cupboard to ...
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Employment
Compensation – Final salary schemes – Unfair dismissal Aegon UK Corporate Services Ltd v S Roberts: CA (Civ Div) (Lords Justice Keene, Dyson, Elias): 21 July 2009 The appellant employer ...
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Family law
Ancillary relief – Periodical payments – Proportionality – Variation Hvorostovsky v Hvorostovsky: CA (Civ Div) (Lords Justice Thorpe, Etherton, Mr Justice Bodey): 23 July 2009 The appellant former wife ...
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IP and copyright – the fight against online piracy
The tide may have turned against online piracy in the UK. In its Digital Britain final report, published on 16 June, the government outlined proposals to legislate to achieve a reduction of 70-80% in the incidence of unlawful peer-to-peer file-sharing.
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Consumer law
Agency – Commission – Estate agents – Fariness – Landlords Office of Fair Trading v Foxtons Ltd: Ch D (Mann J): 10 July 2009 The claimant (OFT) sought declaratory ...