News – Page 298
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News
Family law
Contact orders – Fairness – Orders restricting further applications – Residence orders Re G (a child): CA (Civ Div) (Lords Justice Ward, Rimer): 6 November 2008 The appellant father (F) ...
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Personal injury
Negligence – Health and safety at work – Employers’ liability – Application of exception to ‘but for’ test of causation Grace Sanderson (administratrix of the estate of Mr Sanderson, deceased) v Donna Marie Hull: CA (Civ Div) (Lords ...
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Criminal law
Computers – Criminal Cases Review Commission – Indecent photographs of children – Knowledge – Detected computer images R v Christopher Rowe: CA (Crim Div) (Lord Chief Justice Lord Judge, Mr Justice Swift, Mr Justice Cranston): 3 ...
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Criminal evidence
Competence – Learning difficulties – Sexual activity with children - Witness R v M: CA (Crim Div) (Lord Justice Richards, Mr Justice Foskett, Mr Justice Jacob): 4 November 2008 The ...
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Media: danger in the detail
We are all told to pay attention to detail at school and as lawyers it is paramount. Many a case has been won when a tiny, apparently trifling detail has been uncovered, often at the last minute. The late George Carman was a master of ...
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International law
European Union – Legal Certainty – Orders in Council – UN resolutions - Vires (1) A (2) K (3) M (4) Q (5) G v HM Treasury: CA (Civ Div) (Sir Anthony Clarke, Master of the Rolls, Lords Justice ...
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Criminal procedure
Armed forces – Anonymity – Court martial – Hearings in chambers (1) Times Newspapers Ltd (2) Guardian News & Media Ltd (3) soldier B (appellants) v (1) R (2) soldier A (3) soldier C (4) soldier D (5) soldier ...
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Criminal law
Life imprisonment – Minimum term – Mitigation – Murder – Sentencing guidelines R v (1) John Height (2) Malcolm Anderson: CA (Crim Div) (Lord Chief Justice, Lords Justice Thomas, Leveson, Mr Justice Owen, Mr Justice Christopher Clarke): 29 October ...
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Civil Procedure Rules changes, part two
The most important forthcoming change to the Civil Procedure Rules (CPR) is the new part 6 on service (see [2008] Gazette, 18 September, 25]. This article considers other reforms.
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Freedom of expression remains secure for internet users
The online community breathed a collective sigh of relief at the end of September. The European Telecoms Package was passed, but without a number of controversial amendments that would have threatened the right to freedom of expression for internet users – in particular, the amendments that looked set to enable ...
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Local government: a new code of conduct
Pity the poor Local Authorities (Model Code of Conduct Order) 2007 – the 18-month-old toddler, currently scampering innocently around local and police authority floors, has been given a proposed sentence of death by the government.
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Constitutional law
Abuse of power – Changos Islands – Colonial legislation – Legitimate expectation – Prerogative powers R (on the application of Louis Olivier Bancoult) v Secretary of State for Foreign and Commonwealth Affairs: HL (Lord Hoffmann, Lord Bingham of Cornhill, ...
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Human rights
Immigration – Human rights – Asylum seekers – Children – Removal EM (Lebanon) v Secretary of State for the Home Department: HL (Lord Hope of Craighead, Lord Bingham of Cornhill, Baroness Hale of Richmond, Lord Carswell, Lord Brown ...
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Freedom of information: documents and diplomats
Lawyers who act as external legal advisers to large public authorities will inevitably hold a lot of documents about the subject of their instructions. Consequently, when their clients receive Freedom of Information Act requests, some of these documents may be caught by the act as being information ‘held by another ...
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Immigration
Disability living allowance – Immigration policy – Income support – Maintenance – Reliance on third-party support (1) AM (Ethiopia) (2) SA (Somalia) (3) MB (Pakistan) (4) MI (Somalia) & anr v Entry Clearance Officer: CA (Civ Div) (Lords Justice ...
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Arbitration guidelines
Simpler, cheaper, quicker – cross-border arbitrators are working with new guidelines from the International Centre for Dispute Resolution. The American Arbitration Association (AAA), through its international arm, the International Centre for Dispute Resolution (ICDR), issued new guidelines to arbitrators this year, effective from May 31. They ...
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Criminal: trials in absence, youth crime, hearsay
Where a defendant fails to appear for trial and the judge is sure that he has deliberately absented himself, it is necessary to proceed in the defendant’s absence (R v Anthony Jones [2003] 1 AC1).