News – Page 294
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News
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 ...
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A roundup of several recent trademark decisions
Decisions on trademarks are handed down by a number of tribunals and come too thick and fast for the non-specialist practitioner to be alive to every one. What follows is a crash course in some of the most significant decisions of the past few months.
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Criminal procedure
Fraud – Disclosure orders – Jurisdiction – Realisable property King v Director of the Serious Fraud Office: HL (Lords Phillips of Worth Matravers, Scott of Foscote, Walker of Gestingthorpe, Brown of Eaton-under-Heywood, Mance): 18 March 2009 ...
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Human rights
Criminal law – Discrimination – Peaceful enjoyment of possessions – Pubs and bars - Smoking R (on the application of Howitt) v Preston Magistrates’ Court: DC (Lord Justice Richards, Mr Justice Tugendhat): 19 March 2009 ...
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Personal inquiry
Civil procedure – Damages – Periodical payments orders Cobham Hire Services Ltd v Benjamin Eeles (by his mother & litigation friend Julie Eeles): CA (Civ Div) (Lords Justice Dyson, Thomas, Lady Justice Smith): 13 March 2009 ...
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Jurisdiction of adjudicators
Kompetenz-Kompetenz for adjudicators? The effect of Air Design v Deerglen Air Design allows an adjudicator much wider scope in determining the issues referred to him, even those relevant to questions of jurisdiction. The growth of ...
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Driving a hard bargain: the ins and outs of hire claims
Rather than settling down, credit hire claims in many courts all over the country appear to be on the increase. Certain key issues have been settled in three chapters of litigation to have reached the House of Lords: (a) credit hire agreements are not champertous ...
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Trespassing in the public interest; functional entanglement
A Birmingham city councillor was found by the Administrative Court to have breached the council’s Code of Conduct...
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Civil evidence
Real property – Admissibility – Limitations – Without prejudice communications Ofulue & Anor v Bossert: HL (Lords Hope of Craighead, Scott of Foscote, Rodger of Earlsferry, Walker of Gestingthorpe, Neuberger of Abbotsbury): 11 March 2009 ...
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Free movement of people and adopting EU provisions
To be free or not to be – that is the question for the UK government as it continues to struggle to implement the free movement of people provision, some 50 years after the establishment of the EU.
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Family law
Care – Children – Committal for contempt – Penal notices Re PB (children) sub nom a local authority v (1) HP (2) MB: CA (Civ Div) (Lords Justice Thorpe, Wall, Moore-Bick): 27 February 2009 ...