News – Page 229
-
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 ...
-
News
A review of the 2012 changes to criminal law
Two major cases regarding case management were decided in 2012. In R (on the application of Drinkwater) v Solihull Magistrates’ Court [2012] EWHC 765 (Admin), the court had to consider whether a trial should be adjourned or go ahead in the absence of a defendant. Following the decision in R ...
-
News
Relocation of children
When ferries were the only means of travelling abroad a national newspaper carried the headline: ‘Fog in Channel; Continent Cut Off’. Travel may be easier today, but there remains a legal obstruction to some parents’ departure from these shores. F (Child) [2012] EWCA Civ 1364 is the Court of Appeal’s ...
-
News
Care home fees
Not care home fees, but tensions between Henry II and his archbishop led a character in TS Eliot’s Murder In The Cathedral to ask: ‘What peace can be found/To grow between the hammer and the anvil?’ But while a dispute over Newcastle City Council’s approach to care home fees has ...
-
News
Bermuda calling
The regulatory telecommunications framework in Bermuda is currently in the process of root-and-branch reform heralded by the establishment of a regulatory authority pursuant to the Regulatory Authority Act 2011 and continued by the bringing into force of the relevant sections of the Electronic Communications Act 2011. Coupled with this reform, ...
-
News
Personal injury calculation
The standard rate of interest on general damages for pain and suffering and loss of amenities in personal injury cases was fixed at 2% a year by the House of Lords in Birkett v Hayes [1982] 1 WLR 816; [1982] 2 All ER 70. This was confirmed as appropriate by ...
-
News
Development on town and village greens
The last commercial property column looked at the manner in which town and village green applications create hurdles for development. One aspect of the Commons Act 2006 makes life particularly difficult for developers.
-
News
Decisions affecting litigants in person
Two recent decisions of the Court of Appeal have affirmed that the provisions of Civil Procedure Rule 27.11 and 39.3 should be interpreted rigorously. More interesting, however, is the fact that at a time when the courts are likely to see more and more ‘self-representing parties’, the decisions suggest that ...
-
News
Criminal law
Trial – Robbery – Violent disorder – Burglary R v Donovan and another: Court of Appeal, Criminal Division: 18 December 2012 The Court of Appeal, Criminal Division, in allowing ...
-
News
Fraudsters - an insider story?
Lawyers should be aware of the dangers of insider fraud when advising their clients, as the damage can be catastrophic for a business - no business is immune from the danger, not even law firms themselves.