News – Page 303
-
News
Civil procedure
Costs – Paper applications – Protective costs orders – Setting aside – Application of principles for making orders – Procedure in Court of Appeal R (on the application of Compton) v Wiltshire Primary Care Trust: CA (Civ Div) (Lords Justice Waller, Buxton, Smith): 1 July 2008 ...
-
News
Practice Q&A: Keeping it clean
Can I delay accounting for and paying VAT to HM Revenue & Customs on clients’ bills until I have received payment from the client? No. The effect of HM Revenue & Customs Notice 700 is to make unlawful and ineffective the practice of a solicitor writing ...
-
News
Lack of capacity and beneficiary liability
Baker v Baker [2008] WTLR 565 illustrates an increasing tendency for probate cases to involve a number of different claims. While terminally ill in hospital with liver disease, Mr Baker executed a will prepared by his brother, Richard. ...
-
News
Human rights
Asylum seekers - Delay - Immigration policy - Leave to remain - Proportionality EB (Kosovo) v Secretary of State for the Home Department (2008): HL (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood): 25 ...
-
News
Constitutional law
Governments – Implied promises – Legitimate expectation – Parliamentary privilege – Referendums R (on the application of Wheeler) (claimant) v (1) Office of the Prime Minister (2) Secretary of State for Foreign and Commonwealth Affairs (defendants) & Speaker of the House of Commons (interested party) ...
-
News
Personal injury
Negligence – Damages – Criminal conduct - Ex turpi causa - Post-traumatic stress disorder Kerrie Francis Gray v (1) Thames Trains Ltd (2) Network Rail Infrastructure Ltd (formerly Railtrack Plc) (2008): CA (Civ Div) (Sir Anthony Clarke Master of the Rolls, Lords Justice Tuckey, Smith): ...
-
News
Intellectual property
Criminal law – Media and entertainment – Circumvention of copy protection – Computer games – Copyright R v Neil Stanley Higgs (2008): CA (Crim Div) (Lords Justice Jacob, Hughes, Justice Andrew Smith): 24 June 2008 The appellant (H) appealed against ...
-
News
Landlord and tenant
Local government – Mental health – Possession claims – Public sector tenancies – Schizophrenia Lewisham London Borough Council v Malcolm (2008): HL (Lord Bingham of Cornhill, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury): 25 June 2008 ...
-
News
Magistrates guidelines
The Sentencing Guidelines Council has announced that the new edition of the Magistrates Court Guidelines will take effect on 4 August 2008. In the intervening period there is a substantial training exercise to be undertaken to explain to magistrates and their legal advisers the changes which ...
-
News
New framework for plea negotiation in fraud cases
The management of long and complex fraud cases has, for some years, been a concern in our legal system. The Lord Chief Justice’s protocol already requires the prosecution and defence to resolve issues and agree evidence where possible prior to the trial. Formal Criminal Procedure Rules encourage this and build ...
-
News
Freedom of information
Expenses – members of parliament – parliamentary privilege – additional costs allowance Corporate Officer of the House of Commons v (1) Information Commissioner (2) Heather Brooke (3) ...
-
News
Employment
Race discrimination – burden of proof – reasons – unfair dismissal – reasons for dismissals Khan & anor v Home Office: CA (Civ Div) (Lords Justice May, ...
-
News
The drawbacks of drawdown
David Anderson and Graeme Perry look into personal pensions and tax charges on death during drawdown Many people with personal pension schemes who are about to retire will often be advised by their independent ...
-
News
Criminal evidence
Anonymity - Intimidation of witnesses - Right to fair trial - Special measures R v Davis: HL (Lords Bingham of Cornhill, Rodger of Earlsferry, Carswell, Brown of Eaton-under-Heywood, Mance): 18 June 2008 The appellant (D) appealed against the Court of Appeal’s ...
-
News
Human rights
Family law – Adoption – Discrimination – Eligibility - Unmarried couples In Re P & Ors: HL (NI) (Lords Hoffmann, Hope of Craighead, Walker of Gestingthorpe, Mance, Baroness Hale of Richmond): 18 June 2008 The appellants (P and F), an unmarried ...
-
News
Real property
Crown estate - Crown foreshore - Feudal tenure – Franchises - Incorporeal hereditaments - Manorial rights Crown Estate Commissioners v (1) Mark Andrew Tudor Roberts (2) Trelleck Estate Ltd: ChD (Mr Justice Lewison): 13 June 2008 The claimant Crown Estate Commission ...
-
News
Right to privacy versus the public’s right to know
The Freedom of Information Act 2000 (FoI) continues to surprise and baffle public sector information managers and lawyers. Every month there are an average of 20 decisions made by the information commissioner and eight by the Information Tribunal.