News – Page 227
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Police services
Police attendance at football matches – Defendant police force providing police services in certain identified streets and public areas beyond stadium and areas owned and controlled by claimant football club (the extended footprint) Leeds United Football Club v Chief ...
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Changes to criminal law – part 2
On 1 September 2012 it became an offence under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) for a person to trespass in a residential building by living or intending to live in the building when he knew or ought to have known that ...
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Does Henry costs ruling undermine Jackson?
It was an interesting experience to have achieved success in the Court of Appeal for the appellant in Sylvia Henry v News Group Newspapers Limited ([2013] EWCA Civ 19), only for virtually every commentator in the costs world to pour derision on the judgment. Job well done, some might say. ...
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Human rights
Human Rights – Freedom of expression – Protesters The wife and children of Omar Othman v The English National Resistance and others: Queen's Bench Division: 25 February 2013 The Queen's ...
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History book; care home fees; charging charities
Thursday marks a key milestone in the history of local government lawyers. John Emms (former solicitor to the council at Kirklees MBC) will publish his book Local Lawyers: Public Practice. As Solicitors in Local Government merges with its chief officer counterpart, the Association of Council Secretaries and Solicitors, the book ...
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Testamentary capacity
In Hawes v Burgess [2013] EWCA Civ 74, the Court of Appeal upheld the trial judge’s finding that the deceased’s last will (which cut out her son) was invalid and that her earlier will (leaving everything equally to her three children) therefore remained unrevoked.
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Criminal legal aid procurement
‘Competitive tendering’ – two words that strike fear and dread into the hearts of many a hardened criminal legal aid practitioner. But what do they mean, and why, after several failed attempts, is the government so keen to introduce this into a market that is almost unanimously opposed to the ...
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Family law arbitration wins
Does this ring a bell? You sit opposite a client whose face gradually lengthens, whose mouth drops and whose eyes widen in dismay and disbelief as you describe how long it takes to bring matrimonial financial issues to a conclusion through the court litigation process. You ...
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Immigration debate has shifted from a meaningful exchange of ideas
There is a deficit of meaningful dialogue in the immigration debate. Despite unprecedented access to countless news sources, rich information and varied points of view, we often tend to only consume our favourite flavour of opinion. Partly because of the explosion of online media and the ...
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Contempt of court
Committal – Breach of undertaking McCann and another v Bennett: Queen's Bench Division: 21 February 2013 The parents of Madeline McCann sought the committal of the defendant for contempt by ...
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Employment tribunal
Procedure – Hearing – Postponement O'Cathail v Transport for London: Court of Appeal, Civil Division: 29 January 2013 The Court of Appeal, Civil Division, in allowing the employer's appeal, held ...
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Common law
Water and watercourses – Riparian Right – Extent Moore v British Waterways Board: Court of Appeal, Civil Division: 14 February 2013 The Court of Appeal, Civil Division, held that there ...
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Judicial review
Claimant being convicted of drug-trafficking offences in Bali and being sentenced to death R (on the application of Sandiford) v Secretary of State for Foreign and Commonwealth Affairs: Queen's Bench Division, Divisional Court: 4 February 2013 ...
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Trademarks and the ‘own name’ defence
In 2008, the High Court granted an injunction prohibiting the use of the name ‘Cipriani’ for a restaurant in London ([2008] EWHC 3032 (Ch)). This was subsequently upheld by the Court of Appeal ([2010] EWCA Civ 110). The parties have recently returned to court to address claims for breach of ...