News – Page 291
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News
Hypothesising the hypothetical director: an unpredictable opponent
Two interesting questions have emerged as relevant since the institution of part 11, chapter 1, sections 260-264 of the Companies Act 2006 (the 2006 act). They concern: (i) whether derivative claims will now have a better prospect of obtaining permission to continue; and (ii) how the courts will approach the ...
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Inheritance Act: scrutiny of information to the Revenue
Section 247 of the Inheritance Act 1984 (IHTA) provides that anyone who fraudulently or negligently submits an incorrect account, information or document to the Inland Revenue shall be liable to a penalty.
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Employment
Equal pay – Independent experts – Job evaluation F A Hovell v Ashford and St Peter’s Hospital NHS Trust: CA (Civ Div) (Lords Justice Mummery, Etherton, Elias): 9 July 2009 ...
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Family law
Ancillary relief – Appeals – Divorce Richard Barry Brisset v Ann Brisset: CA (Civ Div) (Lords Justice Sedley, Jacob, Wilson): 9 July 2009 The appellant husband (H) appealed against ...
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Employment
Contracts – Affirmation – Fiduciary duty - Repudiation Ben Cook v (1) MSHK Ltd (formerly Ministry of Sound Holdings Ltd) (2) Ministry of Sound Recordings Ltd: CA (Civ Div) (Lady Justice Smith, Lords Justice Wilson, Rimer): 9 July 2009 ...
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Changes to forced marriage protection orders
The Forced Marriage (Civil Protection) Act 2007 (the act), in force from 25 November 2008, is an important social reforming statute of power and humanity, protecting the basic right to marry by choice. The act inserts into the Family Law Act 1996 (the 1996 act) a ...
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Enforcing contact to benefit children, not punish the parents
Do not think that the amendments to the Children Act (CA) relating to contact orders made by the Children and Adoption Act 2006 (the 2006 act), with effect from 8 December 2008, are about punishing parents for failing to comply with contact orders. Rather, the reforms are to ensure that ...
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Freedom of information: exemptions from disclosure
Freedom of information has been at the heart of the news agenda with the revelations made by the Daily Telegraph about MPs’ expenses. It’s worth remembering that, while the Telegraph came by the leaked information from someone in the House of Commons fees office...
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Homelessness – when is enough, enough?
On 1 July the House of Lords handed down a single judgment in two housing appeals, which will have significant long-term consequences with a number of questions left unanswered.
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Residence and Contact Orders: Domestic Violence and Harm
The above practice direction, originally issued on 9 May 2008, was reissued on 14 January 2009 to reflect the decision of the House of Lords in Re B (Children) [2008] UKHL 35.
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Local government law: age discrimination
How LIFO (last in, first out on redundancy) fares under ageism laws is a subject with far-reaching impact for local government lawyers.
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Real property
Excavation – Nuisance – Party walls – Surveyors Christine Reeves v Beatrice Blake: CA (Civ Div) (Lords Justice Mummery, Moses, Etherton): 24 June 2009 The appellant (R) appealed against ...
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Family law
Ancillary relief – Consent orders – Foreseeability – Share valuation Martin Robert Walkden v Kim Hazel Walkden: CA (Civ Div) (Lords Justice Thorpe, Wall, Elias): 25 June 2009 The appellant ...
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Criminal law: self-defence, diminished responsibility, et alia
The law on self-defence has been ‘clarified’ (section 76(9)) but not amended or consolidated by section 76 of the Criminal Justice and Immigration Act 2008, which came into force in July last year.
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Personal injury
Discounts – Future loss – Loss of chance – Loss of earnings – Sportspersons Gary Smith & anr v Ben Collett CA (Civ Div) (Lords Justice Carnwath, Hughes, Lady Justice Smith): 17 June 2009 ...
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Media and entertainment
Human rights – Blogs – Confidentiality – Freedom of expression - Police Author of a blog v Times Newspapers Ltd: QBD (Mr Justice Eady): 16 June 2009 The applicant ...