News – Page 267
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Jurisdiction
Minor - Mirror orders - Malaysian court regulating rights of contact of child - Whether English court has jurisdiction to make orders W v W (minor) (mirror order): Court of Appeal, Civil Division: 17 June 2011 ...
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Will signed on behalf of testator
The case of Barrett v Bem [2011] EWHC 1247 Ch is interesting because of the comments on the nature of probate jurisdiction, and for the guidance it gives on signatures on behalf of a testator. The testator, Martin, made a will in hospital three hours before ...
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Motorist offered a replacement car
What could be more straightforward? A negligent motorist damages your car and their insurer offers a suitable replacement while your car is being repaired. Is it reasonable to refuse the car and then to hire one from the credit hire ...
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Should more law firms plan their clients’ engagement with the media?
The recent controversy around privacy injunctions almost provoked a constitutional crisis. Yet many still regard it as an issue of concern only to media lawyers, or wealthy celebrities with the means to cover up their misdemeanours in court. ...
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Walmart’s class action lawsuit
In a decision favorable to employers, the US Supreme Court has held in Wal-Mart Stores, Inc. v Dukes that the lower court improperly certified a massive class action lawsuit. Specifically, the Court found that the plaintiffs failed to prove that their allegations of discrimination were ...
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The Bribery Act: were businesses ready?
The Bribery Act is a significant piece of legislation in the UK’s battle against corruption both at home and abroad, and has potential implications for all businesses, across all sectors in the UK. The Act came into force today, the 1 July 2011. ...
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Arbitration
Award - Russian courts - Claimant seeking interest payments in England Yukos Capital SARL v OJSC Rosneft Oil Company: Queen’s Bench Division, Commercial Court (Mr Justice Hamblen): 14 June 2011 ...
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Divorce and inherited assets
Earlier this year I provided an update regarding the family courts’ treatment of inherited assets upon divorce. Since then, two of the judgments discussed in that article have been subject to Court of Appeal decisions.
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Insolvency litigation funding
Insolvency practitioners (IPs) represent a sector of the litigation community that has been largely overlooked by Lord Justice Jackson and the Ministry of Justice through its endorsement to the proposed changes to eradicate recoverability of success fees and premiums. Critics argue the blindsided attention ...
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Mental health
Persons who lack capacity – Deprivation of liberty – Mental Capacity Act Hillingdon London Borough Council v Neary and others: (Court of Protection) Mr Justice Jackson: 9 June 2011 The ...
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Conflict of laws
Jurisdiction – Challenge to jurisdiction – Contract between parties AES Ust-Kamenogorsk Hydropower Plant LLC v Ust-Kamenogorsk Hydropower Plant JSC: CA (Civ Div) Lord Justices Rix, Wilson and Stanley Burnton: 27 May 2011 ...
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Arbitration
Award – Appeal – Defendant employed by claimant Wilson & Partners Ltd v Emmott: QBD (Comm) Mr Justice Andrew Smith: 8 June 2011 The claimant company was incorporated in the ...
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New laws on the use of cookies
With accusations of ignorance and fear-mongering coming from both the privacy and the tech-freedom camps, recent new laws surrounding the use of ‘cookies’ have not been without their problems.
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New laws on the use of cookies
With accusations of ignorance and fear-mongering coming from both the privacy and the tech-freedom camps, recent new laws surrounding the use of ‘cookies’ have not been without their problems.
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Part 36 offers and recent judgments
One of the most successful innovations introduced by the Civil Procedure Rules (CPR) has been part 36 offers. In 2007, part 36 offers replaced payments into court as the sole mechanism under the CPR for making offers to settle, which, in the words of Lord Justice Moore-Bick, have ‘far-reaching consequences ...
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Family law: lessons to be learned from north of the border?
The family law system in Scotland is quite different from that in England and Wales. For a couple who divide their time between the two countries, choosing the correct jurisdiction is vital. Divorce law in Scotland is often regarded by English lawyers as being unfair ...