News – Page 246
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News
Intended retirement ruling opens door to employment tribunal claims
The Court of Appeal handed down judgment this week in the case of R&R Plant Hire (Peterborough) Ltd v Bailey, ruling in favour of the employee. The decision is not only a win for Mr Bailey; it is also a boon for an inestimable number of employees who will suddenly ...
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Civil procedure
Practice - Striking out - Claimant bringing claim for damages and permanent non-disclosure injunction Giggs (previously known as CTB) v News Group Newspapers Ltd and another: Queen's Bench Division (Mr Justice Tugendhat): 2 March 2012 ...
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Immigration
Appeal - Evidence - Use of linguistic analysis reports RB (Somalia) v Secretary of State for the Home Department: Court of Appeal, Civil Division (Lords Justice Rix, Moses and Mr Justice Briggs): 13 March 2012 ...
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Immigration
Asylum seeker - Child - Best interests of child HK (Afghanistan) and others (by their litigation friend) v Secretary of State for the Home Department: Court of Appeal, Civil Division (Lords Justice Pill, Rimer and Elias): 16 March 2012 ...
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Child abduction
Removal outside jurisdiction - Return order - British mother returning from Australia to UK with child Re S (a child) (international abduction: subjective fear of risk): SC (Justices of the Supreme Court Lords Phillips (president), Mance, Kerr, Wilson, Lady ...
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Criminal law
Human rights - Suicide - Liability for complicity in another’s suicide - Claimant being paralysed Nicklinson v Ministry of Justice: QBD (Mr Justice Charles): 12 March 2012 The claimant was ...
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Recovering costs where both parties have succeeded in some of their arguments
Even though a party may succeed in obtaining a judgment in its favour, the unsuccessful party may have succeeded in defeating some of the successful party’s arguments. The questions which arise in such a scenario are: which party should be awarded its costs? If the successful party is awarded its ...
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Investment clubs
Recently I was asked about the law relating to investment clubs. The investment club had been going for many years, with meetings arranged on a monthly basis, and had about 50 members each contributing a reasonably modest amount per month. A problem arose when their broker, who supplied investment advice ...
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Child access for father in lesbian family case
The appellant was a 'donor' father seeking a fuller relationship with and contact to his son. A ('the father') and B ('the biological mother') conceived M, a boy aged 2, via artificial insemination. M lived with the mother and C, the mother’s long-term lesbian partner ('the psychological mother'). ...
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Intellectual property
European Communities - Database rights - Infringement Football Dataco Ltd and other companies v Yahoo! UK Ltd and others: Court of Justice of the European Communities (Third Chamber) (Judges Lenaerts (Rapporteur), president of the Chamber, Malenovský, Juhász, Arestis and ...
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Green leases
Last year I took part in a debate on sustainable, or ‘green’ leases, at one of the events organised at the Law Society by Pamela Castle OBE, chair of the National Centre for Biorenewable Energy, Fuels and Materials. It brought together scientists, lawyers and policy makers in public debate. Also ...