News – Page 294
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Family law
Children – Discretion – Residence orders Re R (a child ) sub nom CP v (1) AR (2) CR (a child by his guardian): CA (Civ Div) (Lords Justice Wall, Wilson): 29 April 2009 ...
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Sentencing
Causing death by dangerous driving – Mobile telephones – Mitigation – Undue leniency Attorney general’s reference (no 17 of 2009), sub nom R v Phillipa Curtis: CA (Crim Div) (Lord Chief Justice Lord Judge, Mr Justice Lloyd-Jones, Mr Justice ...
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Indemnity costs can add woe to a losing party’s bill
The recent High Court case of Noorani v Calver [2009] EWHC 592 (QB) has provided valuable guidance as to the factors a court will take into account when deciding whether to award costs to a party on an indemnity basis.
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Employment
Employment status – Limited liability partnerships - Members M Kovats v (1) TFO Management LLP (2) The Family Group of Companies: EAT (Mr Justice Birtles, T Motture, D Welch): 21 April 2009 ...
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Sentencing
Imprisonment for public protection – Indecent photographs of children – Risk of re-offending R v Robert Lwellyn Hicks: CA (Crim Div) (Lord Justice Thomas, Mr Justice Blake, Mr Justice Burnett): 21 April 2009 ...
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Enforcement: Charging and third-party debt orders
Section 24(1) of the Limitation Act 1980 (‘the 1980 act’) provides that an action cannot be brought on any judgment after the expiration of six years from the date on which the judgment became enforceable, unless an extension is granted on application by the judgment creditor.
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Restraint orders under the Proceeds of Crime Act
It is estimated that organised crime costs the UK some £40bn a year. The Proceeds of Crime Act 2002 trailblazed some unprecedented powers of asset restraint and confiscation in an attempt to remove the profit and, ultimately, motivation for committing economic crime.
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Criminal law: defence costs orders and more
Important provisions in relation to the taxation of defence costs orders, made in the magistrates’ court, came into effect on 13 October 2008. All such bills delivered after that date will now be taxed by the appropriate National Taxing Team rather than by the court itself.
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Criminal law: witness anonymity, automatic deportation
In R v Davis [2008] UKHL 36, the House of Lords held that the use of anonymous witnesses whose evidence was critical to the conviction, rendered a trial unfair without a statutory scheme being in force.
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Probate law: equitable election, proprietary estoppel
In Frears v Frears [2008] EWCA Civ 1320, the Court of Appeal had to consider the equitable doctrine of election.
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Employment
Health and safety at work - Casual workers - Compensation - Contracts of employment R (on the application of Health and Safety Executive) v Shah Nawaz Pola: CA (Crim Div) (Lord Justice Moses, Judge Hedley, Judge Russell, Recorder of ...
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Vexatious requests, audit reports, data protection and disclosing legal advice
It is now four years since the Freedom of Information Act 2000 came into force. While the act is about opening up the public sector to more scrutiny through access to recorded information, parliament has recognised the importance of ensuring that public authorities are protected from vexatious requests that waste ...
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Employment
Company law – Determining employment status of shareholders and directors Secretary of State for Business, Enterprise & Regulatory Reform v (1) Richard Neufeld (2) Keith Howe: CA (Civ Div) (Lords Justice Rix, Toulson, Rimer): 2 April 2009 ...
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Insolvency
Landlord and tenant - Business tenancies - Companies - Liquidation Gabriella Shaw v Hazel Doleman: CA (Civ Div) (Lords Justice Mummery, Stanley Burnton, Elias): 1 April 2009 The appellant ...
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Family law
Ancillary relief – Compromise – Lump sum payments – Shares – Valuation Brian Alan Myerson v Ingrid Diane Myerson: CA (Civ Div) (Lords Justice Thorpe, Sullivan, Lady Justice Smith): 1 April 2009 ...
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Amendments to the Civil Procedure Rules
Part 79The Civil Procedure (Amendment No. 2) Rules 2008 (SI No.3085) were made on 2 December 2008 and came into force on 4 December 2008.
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Hearsay, bad character and identification evidence
The very wide use of the provisions of section 114(1)(d) of the Criminal Justice Act 2003 to allow the admission, as evidence of its truth, of hearsay evidence is further confirmed by the decision in R v RL [2008] EWCA Crime 973.
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Civil procedure
Police – Admissibility – Compilations – Disclosure – Football banning orders Newman v Commissioner of Police of the Metropolis: DC (Lord Justice Richards, Mr Justice Teare): 25 March 2009 ...
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Immigration
Criminal liability – Refugees – Terrorism – Convention relating to the Status of Refugees MH (Syria) v Secretary of State for the Home Department: DS (Afghanistan) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justice ...