News – Page 249
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Violent employees and vicarious liability
In recent times a disproportionate number of cases concerning vicarious liability have reached the higher courts. Sadly, a number of these have involved abuse of children by members of the clergy. Violence is a common feature, though financial wrongdoing was the offence in Dubai Aluminium Company Ltd v Salaam [2003] ...
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Acting as a single joint expert
The principle of single joint experts (SJE) has been in existence for many years now but how often is it used? In a straw poll conducted amongst my colleagues, it has seldom been adopted by our clients. It may be more commonly used in the types and/or sizes of cases ...
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Keeping up appearances
What is the test when a tenant applies to set aside a possession order made in their absence? Following Estate Acquisition and Development Ltd v Wiltshire [2006] EWCA Civ 533, [2006] All ER (D) 50 (a case of forfeiture of a lease), it seemed that the answer lay in rule ...
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Arbitration
Award - Enforcement - Parties disputing responsibility for collision during voyage charter West Tankers Inc v Allianz Spa and another: CA (Civ Div) (Lord Justices Carnwath, Lloyd and Toulson): 24 January 2012 ...
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Environment
Electricity - Supply - Feed-in tariff - Secretary of state proposing reduction in feed-in tariff for electricity produced by small solar panels R (on the application of Friends of the Earth Ltd) v Secretary of State for Energy and ...
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Rip it up and start again
The government’s announcement that it would prohibit referral fees may have caused initial joy among the many supporters of the Society’s policy that such fees should be banned. But a closer look at the amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) to achieve this policy ...
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Clarity needed over civil litigation
Whatever one’s views on the recommendations of Lord Justice Jackson’s Review of Civil Litigation Costs - and few litigation lawyers will find the whole report entirely to their liking - most would expect the implementation process to be well-managed and transparent.
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Automatic disqualification and apparent bias
Two jurisprudential strands were brought together by the Court of Appeal on 19 October 2011 when determining a challenge brought by Darsho Kaur, a student member of the Institute of Legal Executives (ILEX).
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Regulatory reform of financial services
The chancellor has now set out his detailed proposals for financial services regulatory reform. These seek to address three substantial concerns which became clear in the wake of the banking crisis: 1. The Memorandum of Understanding between the Financial Services Authority (FSA), the Bank of England ...
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Police powers
Power to stop, search and detain - Two demonstration camps in London R (on the application of Moos and another) v Commissioner of Police for the Metropolis: Court of Appeal, Civil Division (Lord Neuberger of Abbotsbury MR, Lord Justices ...
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Rearranged fixtures
April 2012 will see HM Revenue & Customs’ (HMRC) new rules come into effect regarding the availability of capital allowances for purchasers of fixtures. This article considers the changes made to the existing rules and the impact such changes will have for solicitors involved in commercial property conveyancing. ...
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Human rights
Public order - Freedom of association and assembly - Defendant protestors setting up camp outside St Paul’s Cathedral City of London Corporation v Samede and others: QB (Mr Justice Lindblom): 18 January 2012 ...
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The ‘golden rule’
Wharton v Bancroft and Others [2011] EWHC 3250 Ch: this case is a typical example of the strong feelings that can arise where a parent leaves the estate to a subsequent spouse, disinheriting the adult children.