News – Page 233
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News
Advancing the case for swift action
In January, the Gazette published an article by me about the Stop Delaying Justice initiative which was introduced that month. Responses were invited. Last month, the Gazette sent me about a dozen emails from defence solicitors. They all make good points. I am grateful, particularly to those who managed to ...
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Costs caps and multiple parties
In recent years, the Patents County Court (PCC), in particular through the efforts of Judge Colin Birss QC, has taken great strides to make IP litigation more affordable and accessible for smaller businesses. A key provision at its disposal is a cap on the costs which a party may be ...
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Public procurement
Public contracts – Claimants tendering for development contract from defendant market authority By Development Ltd and others v Covent Garden Market Authority: Queen's Bench Division, Technology and Construction Court: 28 September 2012 ...
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Employment
‘Worker’ - Orders in family proceedings - Limited liability partnership Bates van Winkelhof v Clyde & Co LLP and another: CA (Civ Div) (Lord Justices Lloyd, Richards, Elias): 26 September 2012 ...
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Understanding addiction
Addiction is not the preserve of the working classes and no respecter of wealth or status, and most family lawyers at some point in their career will come into contact with clients who have addiction issues.
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Add-backs and costs
Add-back arguments in financial order proceedings tend to arise in two situations: in respect of costs, where one party has incurred significantly higher costs than the other; and where one party has dissipated assets and those assets should be added back to that party’s share. ...
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Civil procedure rules
A previous article summarised the new Civil Procedure Rules (CPR) Part 81. This article summarises the further changes effected by the Civil Procedure (Amendment No 2) Rules 2012 (SI No. 2208) and Update 59 which came into force on 1 October. ...
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Breach of confidence
Summary judgment - Entitlement to summary judgment - Duty of servant Devon and Cornwall Autistic Community Trust (t/a Spectrum) v Pyrah and others: PCC (Mr Recorder Douglas Campbell): 24 September 2012 ...
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Technology in conveyancing - friend or foe?
I read a letter in last week’s Gazette pointing out the problem with the time it takes the Land Registry to deal with electronic discharges and it got me thinking of the other times in my job when technology can become more of a hindrance than a help.
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Holistic reform of the PI system
In less than six months the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) will come into force. A look back at the process which led to this makes me feel wholeheartedly that successful reform of the personal injury (PI) system has been scuppered by a hurried approach, a ...
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Equal civil marriage - death of spouse
A particular problem to be considered in drafting equal civil marriage legislation is the fact that whatever arrangements are made for the UK, same-sex marriages performed here will not be recognised in most countries of the world. In today’s highly mobile society, that potentially creates serious difficulties for same-sex couples. ...
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Immigration
Leave to remain - Appeal - Appellant being Turkish national KA (Turkey) v Secretary of State for the Home Department: Court of Appeal, Civil Division (Lord Justices Rix, Tomlinson and McFarlane): 12 September 2012 ...