News – Page 293
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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 ...
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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 ...
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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 ...
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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): ...
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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.
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Employment
Civil procedure – Age discrimination – Collective agreements – Employee benefits Rolls-Royce plc v Unite (the union): CA (Civ Div) (Lady Justice Arden, Lords Justice Wall, Aikens): 14 May 2009 ...
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Family law: opening up family proceedings to the media
On 27 April 2009 the Family Proceedings (Amendment) (No 2) Rules 2009 SI857 (County Court and High Court) and the Family Proceedings Courts (Miscellaneous Amendments) Rules 2009 SI2009 No 858 (Magistrates Courts) and two Practice Directions, Attendance of Media Representatives at hearings in Family Proceedings dated 20 April 2009...
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Freedom of information: cabinet minutes, audit reports, BBC appeal
Probably the most controversial decision under the Freedom of Information Act was published by the Information Tribunal on 27 January 2009 (Cabinet Office and Dr Christopher Lamb v Information Commissioner (EA/2008/0024 & 0029))...
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Negligence
Barristers – Legal advice – Limitations – Professional negligence – Solicitors Pritchard Joyce & Hinds (a firm) v Batcup & anor: CA (Civ Div) (Lords Justice Sedley, Dyson, Sullivan): 5 May 2009 ...
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Succession
Assumption of responsibility – Family provision – Wills Baynes v Hedger & ors: CA (Civ Div) (Sir Andrew Morritt (Chancellor), Lords Justice Longmore, Goldring): 7 May 2009 ...
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Solving sell-to-rent-back issues with proprietary estoppel
The doctrine of proprietary estoppel may help clients who sold their house in return for tenancy but have since been given notice to quit.
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Internet publication and freedom of expression
The long-standing principle of ‘publish and be damned’ is jealously guarded by the media. But when it comes to publications on the internet, a recent decision of the European Court of Human Rights (ECHR) shows that those who publish there may find themselves being damned for ever and a day.