News – Page 301
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News
Chancery: proprietary estoppel
The proposition that ‘equitable estoppel is a flexible doctrine... but it is not a joker or wild card to be used whenever the court disapproves of the conduct of a litigant who seems to have the law on his side’ was the starting point for Lord Walker’s judgment in the ...
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Local government
Torts – Trespass – Access – Bridleways – Damages Field Common Ltd v Elmbridge Borough Council: Ch D (Mr Justice Warren): 27 August 2008. The court was required to assess ...
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Human rights
Civil Procedure – Disclosure – Inhuman or degrading treatment or punishment – Interrogation – National security R (on the application of Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs: DC (Lord Justice, Mr Justice Lloyd Jones): ...
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Family law
Civil procedure – McKenzie friends – Rights of audience – Appropiate circumstances to grant rights of audience Re N (a child) sub nom A v (1) G (2) N (by his rule 9.5 guardian): Re N (a child) sub ...
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Defamation
Libel – Malicious falsehood – Offer of amends Tesco Stores Ltd v (1) Guardian News and Media Ltd (2) Alan Rusbridger: QBD (Mr Justice Eady): 29 July 2008. The ...
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Sentencing
Antisocial behaviour – Kidnapping – Mitigation – Sentence length R v Peter Graham Oswald: CA (Crim Div) (Lord Justice Gage, Mr Justice Treacy, Mr Justice Bean): 22 August 2008. The ...
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Clearing up confiscations & protecting the public
The House of Lords and Court of Appeal have recently handed down important judgments on the issue of confiscation. In R v May [2008] UKHL 28, Jennings v CPS [2008] UKHL 29, and R v Green [2008] UKHL 30, the House carried out a basic analysis of the law and ...
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Personal injury
Football – Future loss – Loss of chance – Loss of earnings – Sportspersons – Wages Benjamin Collett v (1) Gary Smith (2) Middlesbrough Football and Athletics Company (1986) Ltd: QBD (Manchester) (Mrs Justice Swift): 11 August 2008 ...
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Intellectual property
Contracts – Artistic works – Copyright – Film industry – Foreign copyright protection (1) Lucasfilm Ltd (2) Star Wars Productions Ltd (3) Lucasfilm Entertainment Co Ltd v (1) Andrew Ainsworth (2) Shepperton Design Studios Ltd (2008): Ch D (Mr ...
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Arbitration
Agreements – France – International Chamber of Commerce – Non-parties – Pakistan – Seat of arbitration Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan: QBD (Comm) (Mr Justice Aikens): 1 August 2008 ...
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Mental health
Bias – Detention – Hearings – High-security psychiatric hospitals – Mental health review tribunals R (on the application Brown) v South Region Mental Health Review Tribunal: QBD (Admin) (Mrs Justice Dobbs): 13 August 2008 ...
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Human rights
Conditions – Control orders – Freedom of thought, conscience and religion – Deprivation of liberty Secretary of State for the Home Department v AP: QBD (Admin) (Mr Justice Keith): 12 August 2008 The court was required to determine ...
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Plan of action
An assessment of Whitehall’s latest attempt to reform planning law, which features a controversial ‘one-stop-shop’ consent regime After several years wrestling with the question of developing a suitable regime to speed up the delivery of major infrastructure, the government has finally brought forward its proposals ...
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Plaques, suicides & dangerous doors
It is often said that there is ‘no law’ in personal injury work. But in the space of nine months the law Lords have delivered four judgments of profound importance. I have previously dealt with their important limitation decision in A v Hoare [2008] UKHL 6. In this article, I ...
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Landlord and tenant
Human rights – Local government – Caravan sites – Gypsies – Possession claims – Travellers William Doherty & Ors (appellant) v Birmingham City Council (respondent) & Secretary of State for Communities & Local Government (intervener): HL (Lords Hope ...
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Arbitration
Conflict of laws – International law – Attachment orders – Expropriation – Freezing injunctions E.T.I. Euro Telecom International NV v (1) Bolivia (2) Empresa Nacional De Telecomunicaciones Entel SA CA: (Civ Div) (Lords Justice Tuckey, Lawrence Collins, Stanley ...
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Mosley’s win: a slightly larger private world
The implementation of the Human Rights Act 1998 incorporated into UK law article 8, guaranteeing the right to respect for private and family life, and its arch rival article 10, protecting the right to freedom of expression. Max Mosley’s hotly contested privacy action was the battlefield for the latest high-profile ...