News – Page 232
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News
European Union
Intellectual property rights – Database rights – Infringement Football Dataco Ltd and other companies v Sportradar GmbH and another company: Court of Justice of the European Union (Third Chamber) (Judges Silva de Lapuerta, Acting as President of the ...
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Forensic science: the police piper calls the tune
Alistair Logan provides a powerful account of the disturbing consequences of the enforced closure of the Forensic Science Service (FSS). We, who were members of the FSS until its closure, write to amplify the concerns that he expressed.
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Extradition
European arrest warrant – Respondent judicial authority issuing warrant Nikitins v Presecutor General's Office, Republic of Latvia: Queen's Bench Division, Administrative Court (London) (Mr Justice Ouseley): 25 July 2012 The ...
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Employment
Holidays with pay – Employee airline pilots only receiving basic salary by way of remuneration for annual leave British Airways Plc v Williams and others: Supreme Court (Lords Hope DP, Walker, Mance, Clarke and Sumption SCJJ): 17 October 2012 ...
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The need to protect privacy
Serious public interest issues have been played out in the court and the media over the past few months. I write, of course, about the royal buttocks of Prince Harry, the regal breasts of his sister-in-law the Duchess of Cambridge and the extra-marital activities of the former England football manager ...
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Commercial property
The report of E.ON UK plc v Gilesports Limited [2012] EWHC 2172 bears reading because there are a number of interesting points, but in this article I will focus on only one – how long is a reasonable time to consent to an assignment?
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Contracts and access to justice
Crime and sentencing always make the news. So it is not surprising that the shambles surrounding the court interpreters’ contract and its fallout made headlines. What’s worrying is what this and recent county court changes tell us about the approach that might be taken to forthcoming major civil justice reform. ...
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Detrimental move?
Bradbury v Taylor & Burkinshaw [2012] EWCA Civ 1208 This is a slightly unusual proprietary estoppel case in that it was brought by the alleged promisor, Bill, who sought a declaration that the defendants had no beneficial interest in his house. They counterclaimed for a ...
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Employment
Pay – Statutory minimum Nambalat v Tayeb and another; Udin v Chamsi-Pasha and others: Court of Appeal, Civil Division (Lord Justice Pill, Lady Justice Black and Mr Justice Bean): 5 October 2012 ...
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Motor insurance
Compulsory insurance against third party risks – Liabilities required to be covered Bristol Alliance Limited Partnership v EUI Ltd: Court of Appeal, Civil Division: 11 October 2012 The Court of ...
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Extradition
Extradition order – Application for stay of extradition R (on the application of Fawaz) v Secretary of State for Home Department; R (on the application of Bary) v Secretary of State for Home Department; R (on the application of ...
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Victims of human trafficking and the CCRC
The Criminal Cases Review Commission (the CCRC) is warning that both defence and prosecution lawyers need to become more alert to the issues relating to victims of human trafficking if miscarriages of justice are to be avoided.
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Mental health
Patient – Responsible local social services authority – Residence of patient R (on the application of Sunderland City Council) v South Tyneside Council: Court of Appeal, Civil Division: 9 October 2012 ...
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Medical expert witness independence
Britain is the whiplash capital of Europe, with more than 1,500 claims a day, including people claiming for whiplash injuries sustained in the most minor of incidents. In May 2011, the House of Commons Transport Committee published a report into the cost of motor insurance, warning that spiralling costs are ...
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Bankruptcy tourism
Any English judge sitting regularly in the personal insolvency jurisdiction is likely, at one time or another, to have considered a debtor’s petition in which all the listed debts were incurred in a foreign country, in a foreign currency and, usually, to foreign creditors. The currency was probably the euro, ...