News – Page 302
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News
Employment
Automatically unfair dismissal – Completion – Delay - Disability discrimination - Completion of statutory procedure M Selvarajan v S Wilmot & Ors: CA (Civ Div) (Lords Justice Mummery, Wilson, Stanley Burnton): 23 July 2008 ...
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Family law
Allocation of jurisdiction – Consent - Habitual residence - Parental responsibility Mark Ian Bush v Neena Bush: CA (Civ Div) (Lords Justice Thorpe, Lawrence Collins, Rimer): 24 July 2008 ...
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Sentencing
Human rights – Penology and Criminology – Inhuman or degrading treatment or punishment – Life imprisonment R v David Francis Bieber (AKA Coleman): CA (Crim Div) (Lord Chief Justice Lord Phillips of Worth Matravers, Mr Justice Pitchford, Mrs Justice ...
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Security for costs
The recovery, or not, of pre-action costs in an application for security for costs just got a little easier to work out, say Chris Warren-Smith and Ian Pegram In adding up the costs incurred ...
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Comparative advertising - the ECJ fizzes it up
In a ruling that could have a noticeable impact on advertising in the UK and across Europe, the European Court of Justice (ECJ) last month ruled that businesses can use the distinctive trademarks of their competitors when comparing their goods and services.
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Media and entertainment
Administration of justice – Broadcasting – Contempt of court – Fines – Sub judice Attorney general v ITV Central Ltd (2008): DC (Lord Justice Pill, Mr Justice King): 15 July 2008 ...
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Immigration
Human rights – Asylum seekers – Proportionality - Remittal TG (Central African Republic) v Secretary of State for the Home Department (2008): CA (Civ Div) (Lords Justice Buxton, Keene):15 July 2008 ...
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Employment
Local government – Discrimination – Equal pay – Legitimate aim – Proportionality – Trade unions Allen & Ors v GMB (2008): CA (Civ Div) (Lords Justice Tuckey, Smith, Maurice Kay): 16 July 2008 ...
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Family law
Local government – Adoption – Expert reports - Placement orders – Children Re B (children) sub nom (1) MJ (mother) (2) LB (father) v (1) Local Authority (2) CB, AB, MB (by their guardian EE) (2008): CA (Civ ...
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Defamation
Absolute privilege – Complaints – Police – Slander Richard Anders Westcott v Sarah Westcott (2008): CA (Civ Div) (Lords Justice Ward, Sedley, Stanley Burnton): 15 July 2008 The appellant ...
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Equality under the law: a fairer future?
It is the lot of every solicitor that there will be a specific dinner party question that folk cannot resist asking. That question will be specific to each area of law and will usually be raised over the After Eights as if for the first time ever.
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Criminal law
Aiding and abetting – Dissemination of terrorist publications – Intention – Mitigation – Sentencing guidelines R v (1) Abdul Rahman (2) Bilal Mohammed: CA (Crim Div) (Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Goldring, Mr Justice Plender): 8 July 2008
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Intellectual property
Pharmaceuticals – European patents – Incentive step – Prior art Conor Medsystems Inc v (1) Angiotech Pharmaceuticals Inc (2) British Columbia University: HL (Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury): 9 July 2008
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Pre-nuptial agreements
Advising your clients about pre-nups is essential. Forget the McCartneys. The most important recent ancillary relief decision is Crossley v Crossley[2007] EWCA Civ 1491, [2007] All ER(D) 396 (Dec), not so much for showing how courts will deal with cases on similar facts, but for implicitly ...
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Discrimination: possession proceedings and landlords
The House of Lords decision in Lewisham LBC v Malcolm [2008] UKHL 43, concerning the effect of the Disability Discrimination Act 1995 on possession proceedings, will come as a great relief to landlords (see [2008] Gazette, 10 July, 23). Although the decision may be seen as wholly sensible in a ...
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Health and Safety
Accidents – Breach of statutory duty – Employers’ liability – Oil rigs – Scotland – Work equipment Spencer-Franks v Kellogg Brown & Root Ltd & Ors: HL (Lords Hoffmann, Rodger of Earlsferry, Carswell, Mance, Neuberger of Abbotsbury): 2 July 2008 ...
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Immigration
Education – Courses – Examinations – Extensions of time – Leave to remain – Students G Omerenma Obed & 7 Ors v Secretary of State for the Home Department: CA (Civ Div) (Lords Justice Sedley, Longmore, Moses): 1 July 2008 ...