News – Page 292
-
News
Reaffirming parliament’s stance on contracts
The recent Court of Appeal case of Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd ([2009] 1 AII ER (Comm) 16) will be of interest to both litigators and non-litigators. Although the main issue of appeal was whether the particular lease agreements in question fell within section 26 of ...
-
News
Objective selection criteria for redundancy
Getting older presents one with a number of oddities to deal with. Just how much chestnut rinse looks ‘natural’? (The answer, of course, is none.) Where is the door to my office? That kind of thing.
-
News
Criminal procedure
Confiscation orders – Drug trafficking – Market value – Statutory interpretation – Proceeds of crime R v Islam: HL (Lords Hope of Craighead, Walker of Gestingthorpe, Mance, Neuberger of Abbotsbury, Baroness Hale of Richmond): 10 June 2009 ...
-
News
Local government
Torts – Emergency powers – Interference with goods – Local authorities’ powers and duties Infolines Public Networks Ltd v Nottingham City Council: CA (Civ Div) (Sir Andrew Morritt [Chancellor], Lords Justice Keene, Elias): 11 June 2009 ...
-
News
Local government
Education – Home tuition – Special educational needs – Statements – Local authority’s obligations R (on the application of TM) v Hounslow London Borough Council: CA (Civ Div) (Lords Justice Thomas, Aikens, Patten): 11 June 2009 ...
-
News
Human rights
Closed material – Disclosure – Non-derogating control orders – Right to fair trial – Prevention of Terrorism Act 2005 Secretary of State for the Home Department (appellant) v (1) AF (2) AM (3) AN (respondents): AE (appellant) v Secretary ...
-
News
Information technology: data retention regulations
The contentious Data Retention (EC Directive) Regulations 2009 came into force on 6 April, in the face of opposition from privacy campaigners and serious questions from lawyers. Billed as a vital tool in the fight against terrorism and other crime, the regulations stand accused of being yet another snoopers’ charter.
-
News
Criminal evidence
Admissibility – Hearsay evidence - Witnesses – Need for evidence to show reasonable steps taken R v T(D): CA (Crim Div) (Lord Justice Thomas, Mr Justice King, Judge Moss QC): 4 June 2009 ...
-
News
Immigration
France – Removal – Right to respect for private and family life – Member state’s assumption of responsibility for asylum claim R (on the application of Shayanth) v Secretary of State for the Home Department: QBD (Admin) (Mr Justice ...
-
News
Civil procedure
Costs orders – Hourly fees – Lawfulness of reduced rate for travel and waiting time R (on the application of Schwartz) v Highbury Corner Magistrates’ Court: QBD (Admin) (Lord Justice Sullivan, Mr Justice Wilkie): 3 June 2009 ...
-
News
Family law
Care proceedings – Findings of fact – Non-accidental injury – Standard of proof Re D (Children) sub nom NH v (1) A County Council (2) NH (3) RD & SD: CA (Civ Div) (Lords Justice Thorpe, Wall, Elias): ...
-
News
Addressing concerns about periodical payments in personal injury cases
The Court of Appeal in Thompstone determined that periodical payments for future losses for care and case management should be linked to an earnings index which annually has historically risen by 1-2.5% higher than the RPI.
-
News
Local government: surveillance powers, tenancy and effective consultation
There is always a public authority tension between what might be called 'customer-centred governance' and regulation. So while most local authorities will try to be 'customer responsive' to their council tax payers and other stakeholders, their regulatory functions mean that not everyone will always feel treated as a 'customer'. For, ...
-
News
Criminal procedure
Legal advice – Living expenses – Money laundering – Proceeds of crime Crown Prosecution Service v Susan Jane Campbell: Michael Joseph McInerney v Financial Services Authority: Medicines & Healthcare Products Regulatory Agency v Graeme Trevor Carlton: CA (Crim ...
-
News
Intellectual property
Brand names – Electronic commerce – Infringement – Trademarks (1) L’Oréal SA (2) Lancôme Parfums Et Beauté & Cie (3) Laboratoire Garnier & Cie (4) L’Oréal (UK) Ltd v Ebay International AG & nine ors: (Ch) Ch D ...
-
News
Personal injury
Court rules – Judgments and orders – Revocation – Settlement Greg Anthony Roult (by his mother and litigation friend Angela Holt) v North West Strategic Health Authority: CA (Civ Div) (Lords Justice Carnwath, Hughes, Lady Justice Smith): 20 ...
-
News
Human rights
Photographs – Police powers and duties – Interface with right to private life Wood v Commissioner of Police of the Metropolis: CA (Civ Div) (Lords Justice Laws, Dyson, Lord Collins): 21 May 2009 ...
-
News
Civil procedure
Legal profession – Complaints – Confidentiality – Publication (1) Michael Napier (2) Irwin Mitchell v Pressdram Ltd: CA (Civ Div) (Lords Justice Hughes, Toulson, Sullivan): 19 May 2009 ...
-
News
Employment law: bonus culture and the court of public opinion
During the G20 demonstrations outside the Bank of England I received several texts from assorted City types. In each I was urged to join them on the roof terrace of the Coq d'Argent restaurant, where apparently one could watch the riot below while drinking half-decent champagne and even participate at ...