News – Page 230
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News
Lawyers can access unredacted records
In a groundbreaking Court of Appeal case, a distinguished panel of appeal judges (Lord Justices Kay and Munby) decided that the practice of redacting social care records was not usually necessary where litigation under civil procedure rules was being conducted. The judgment departed from reasoning in both lower courts, in ...
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Global approach to family law
The reform of family law is a constant source of debate in the UK, and in France it is very much the same situation. For example, a French parliamentary vote expected in January on proposals to open up the institution of marriage to gay couples mirrors the current debate in ...
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Working with deafness: access and ethics
Advances in attitudes towards the promotion of rights and equality for vulnerable and disabled populations have resulted in an increase in vulnerable client groups presenting to lawyers. When working with such populations, reasonable adjustments must be made to ensure that services are accessible and meet the individual needs of the ...
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Real employee rights or fantasy?
If you like pantomime it is always best to choose a classic. For some it is Mother Goose, for others Cinderella. For me there is only one – Jack and the Beanstalk – and it is wonderful to see that the government appears to agree. In fact, the government likes ...
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Clash of the titans
The Court of Appeal decision in Petrodel Resources Ltd and others v Prest and Others [2012] EWCA Civ 1395, [2012] All ER (D) 293 (Oct) (as Prest v Prest) marks a collision between chancery and family. Family lost. The decisions of the heroes of the Family Division of the High ...
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Employment tribunal
Procedure – Adjournment Iqbal v Metropolitan Police Service and another: Employment Appeal Tribunal (Judge Richardson, Dr K Mohanty and Miss S Wilson): 7 September 2012 The employee withdrew his ...
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Breach of confidence
Media – Confidential information Abbey v Gilligan and another: Queen's Bench Division: 20 November 2012 The claimant had brought a claim for breach of confidence or, alternatively, misuse of private ...
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Photographic evidence
The term ‘conversational distance’ is often used in personal injury and clinical negligence claims to describe the measurability of the prominance of a scar or deformity. It is deemed suitable for this purpose, yet in medico-legal photography it has no meaning.
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News
Town and village greens - commercial property
Are town and village greens cherished community spaces? Or malicious and vexatious pre-emptors of vital development? This is the first of two articles on town and village greens: this piece considers case law; the next will consider proposals for reform. At common law, a green is equivalent to a special ...
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Employment
Unfair dismissal – Determination whether dismissal fair or unfair – Reasons justifying dismissal – Range of reasonable responses test Turner v East Midlands Trains Ltd: Court of Appeal, Civil Division (Maurice Kay VP, Lord Justice Elias and Sir Stephen ...
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Human rights
Right to a fair hearing – Access to a court – Claimant being subject of civil restraining order Senior-Milne v Secretary of State for Justice: Queen's Bench Division, Administrative Court (London) (Mr Justice Coulson): 30 October 2012 ...
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Is Stop Delaying Justice! working?
Howard Riddle, the senior district judge and chief magistrate, recently delivered an update in the Gazette on the Stop Delaying Justice! case management initiative. Judge Riddle has done an amazing job in trying to limit the adverse impact of Ministry of Justice/HM Courts and Tribunals Service policy towards the courts ...