News – Page 229
-
News
Employment
'Worker' – Part-time workers O'Brien v Ministry of Justice (Council of Immigration Judges intervening): Supreme Court: 6 February 2013 The Supreme Court held that the claimant, a retired part-time recorder, ...
-
News
Maintenance pending suit applications
There are few reported cases in respect of maintenance pending suit applications. A recent example, however, was the appeal decision of Coleridge J in S v M [2012] All ER (D) 175 (Nov).
-
News
Excise duty
Customs and Excise – Duties – Imported goods – Personal use Stern v United Kingdom Border Agency: Queen's Bench Division, Divisional Court: 23 January 2013 The appellant bought a substantial ...
-
News
Immigration
Leave to remain – Defendant secretary of state rejecting applications – Claimants challenging secretary of state's policy as unlawful on ground of ambiguity R (on the application of Sharmilla and others) v Secretary of State for the Home Department; ...
-
News
Public law ultra vires
It is clear that in certain circumstances a local authority can plead lack of legal capacity as a defence to a private law claim (see Credit Suisse v Allerdale Borough Council [1996] 4 All ER 129). However, can a local authority prosecute for failure to have a valid caravan site ...
-
News
Contempt of court
Orders in family proceedings – Enforcement Young v Young: Family Division (Mr Justice Moor): 16 January 2013 The Family Division imposed a sentence of six months’ imprisonment for contempt of court, in circumstances where the husband had failed, in certain very important aspects, to comply with an order of the ...
-
News
Sentence
Defendant harassing actress and breaching interim restraining order – Defendant appealing – Whether sentence manifestly excessive R v Rumbelow: Court of Appeal, Criminal Division (Lord Justice Rafferty, Globe and Mr Justice Leggatt): 18 December 2012 The defendant, who suffered from Asperger’s syndrome and attention-deficit hyperactivity disorder, was sentenced to two-and-a-half ...
-
News
Employment
Discrimination – Religious discrimination Eweida and others v United Kingdom (App. Nos. 48420/10, 59842/10, 51671/10 and 36516/10): European Court of Human Rights: 15 January 2013 The European Court of Human ...
-
News
Injunction
Copyright – Newspaper – Article – Breach of privacy – Interlocutory injunction Rocknroll v News Group Newspapers Ltd: Chancery Division: 17 January 2013 The claimant, who was married to the ...
-
News
Legal privilege
The eagerly anticipated Supreme Court judgment in Prudential PLC and Prudential (Gibraltar) Ltd v Special Commissioner of Income Tax and Phillip Pandolfo (HM Inspector of Taxes), in relation to the possible extension of the principle of legal professional privilege (LPP), to encompass advice given by accountants on tax law, was ...
-
News
Costs and assessing unreasonable behaviour
The general principle on costs in civil litigation is clear: the unsuccessful party will be ordered to pay the costs of the successful party, albeit that the court has discretion to order otherwise (Civil Procedure Rule 44.3 (2)).
-
News
Injunction
Conflict of laws – Foreign proceedings – Restraint of foreign proceedings Malhotra v Malhotra and another: Queen's Bench Division, Commercial Court: 30 October 2012 The claimant sought the continuation of ...