News – Page 243
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Post-legislative scrutiny of the 2000 FoI act
Last year the justice select committee, chaired by Sir Alan Beith, launched a call for written evidence for its post-legislative scrutiny of the Freedom of Information Act 2000 (FoI). The committee invited written evidence on the following issues (although those responding were free to discuss other matters): ...
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Competition
European Union - Rules on competition - European Commission finding defendant companies entering into cartel regarding provision of heavy electrical equipment used in power grids National Grid Electricity Transmission Plc v ABB Ltd and other companies: ChD (Mr ...
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Judicial review
Specialist services - Applicant hospital trust providing paediatric and congenital cardiac services - Trust challenging consultation process R (on the application of Royal Brompton and Harefield NHS Foundation Trust) v Joint Committee of Primary Care ...
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The 2012 Finance bill and capital allowances: no time for complacency
The new rules on capital allowances in commercial property are now in effect with the passing of the 2012 Finance bill. These rules will greatly affect commercial property owners, leaseholders and importantly, their lawyers. The central change is the introduction of mandatory pooling of capital ...
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Whiplash compensation needs linking to rehabilitation
When it comes to whiplash it seems the insurance industry is obsessed with trying to drive out costs from the existing system rather than trying to improve the system itself. One online comment from Paul valuably highlighted the history of how whiplash was previously assessed ...
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Victim of a market-rigging cartel: watch this space
Competition regulators across Europe often rely on whistleblowers to uncover anti-competitive cartels. Often the whistleblowers are the cartelists themselves. But what happens when the self-incriminating statements are then required to be disclosed to the victims of the cartel to support claims for compensation? Since a decision of Europe’s highest court ...
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Immigration
Deportation - Exclusion of immigrant deemed to be conducive to public good RS (Uganda) v Secretary of State for the Home Department: Court of Appeal, Civil Division (Lord Justices Rix, Etherton and Patten): 1 December 2011 ...
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Immigration
Child - Asylum seeker claiming to be a child R (on the application of W) v Croydon London Borough Council and another: Queen's Bench Division, Administrative Court (London) (CMG Ockelton sitting as a deputy judge of the High ...
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All power to GCHQ
Home Office plans to widen the powers of intelligence agency Government Communications Headquarters (GCHQ) to access communications data without judicial scrutiny have provoked strong reactions. But what is the content of the new law and how does it compare to the current situation in respect of the exercise of regulatory ...
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Signing a will and section 9 of the Wills Act 1837
Decisions on the formalities of the execution of a will usually turn on whether the witnesses were jointly present when the testator signed or acknowledged. In the rather unusual case of Barrett v Bem [2012] EWCA Civ 52, the point in issue was whether the will was signed by the ...
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French probate
Anyone who has dealt with a probate in England will be familiar with obtaining a grant of probate if there is a will and letters of administration if there is no will. Broadly speaking in England the executors or administrators of the estate are obliged to pay any inheritance tax ...
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Negligence
Highway - Duty of highway authority AC and others v TR and another: Queen's Bench Division (Mrs Justice Slade DBE): 29 March 2012 In considering the circumstances of a road ...
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The scope of legal professional privilege
The question before Mr Justice Akenhead in Walter Lilly & Company Ltd v Mackay and another [2012] EWHC 649 (TCC) was this: does legal professional privilege (LPP) attract to documents produced by a claims consultant, even one which retains legally qualified personnel?