News – Page 269
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News
Landlord and tenant
Disrepair - Landlords’ duties - Repair covenants - Residential tenancies Tanya Grand v Param Gill: CA (Civ Div) (Lord Justices Thomas, Lloyd, Rimer): 19 May 2011 The appellant tenant (T) ...
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Landlord and tenant
Assured shorthold tenancies - Notice - Possession - Prescribed forms Jasbir Kaur Kahlon v Andrew Isherwood: CA (Civ Div) (Lord Justices Rix, Stanley Burnton, Patten): 19 May 2011 The appellant ...
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Human rights
Police - Declarations of incompatibility - DNA samples - Fingerprints R (on the application of GC) v Commissioner of Police of the Metropolis: R (on the application of C) v Commissioner of Police of the Metropolis: SC (Justices of ...
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Pre-action admissions
It is now well established that part 14 of the Civil Procedure Rules, which deals with admissions, does not apply to pre-action admissions (see Sowerby v Charlton [2005] EWCA Civ 1610, which was later confirmed in Stoke on Trent CC v Whalley [2006] EWCA Civ 1137). ...
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Insolvency remuneration
In recent years, there has been a good deal of concern as the result of a fairly general perception that costs in insolvency cases have reached an unacceptably high level.’ So said Mr Justice Ferris in Mirror Group plc v Maxwell and others (No 2) ...
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Use of a limited liability partnership as a fund vehicle
Recently clients asked me to consider using an LLP as an onshore vehicle for pooling funds for investment purposes. Perhaps I missed some research but I was unable to find any sensible writings on the use of an LLP for such a purpose. ...
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Disability discrimination
The decision of the House of Lords in London Borough of Lewisham v Malcolm [2008] UKHL 43, [2008] 4 All ER 525, made it significantly more difficult for a disabled tenant to argue that his landlord had discriminated against him on the grounds of disability. Mr ...
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Family law
Administration of justice - Anonymity - Lump sum orders - Matrimonial property K v L: CA (Civ Div) (Lord Justices Laws, Jacob, Wilson): 13 May 2011 The appellant husband (H) ...
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Criminal procedure
Compensation - Facts - Fresh evidence - Miscarriage of justice R (on the application of Andrew Keith Adams) v Secretary of State for Justice: In the matter of Eamonn MacDermott: In the matter of Raymond Pius McCartney: SC (Justices ...
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Administrative law
Legal advice and funding - Amendments - CLS funding - Funding code R (on the application of Evans) v Secretary of State for Justice: DC (Admin) (Lord Justice Laws, Mr Justice Stadlen): 12 May 2011 ...
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Video evidence; and assessing an unsafe system of work
Disclosure of video evidence – Douglas v O’Neill. This High Court decision helpfully summarises the existing law relating to CPR 31 and (late) disclosure of video footage. The claimant (C) was badly injured when knocked over by a car driven by the ...
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For the love of law?
In the last 12 months the BBC has played an unexpected role, featuring heavily in the development of discrimination law in the UK. Most notably in a recent case which could have wider implications for lawyers too. Devan Maistry was an ...
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Injunction case is reminder that partners have employment rights
A High Court ruling in Clyde & Co v Van Winkelhof, reported on 22 March, has highlighted how, even though a member of an LLP or partner may not be an employee, they can still avail themselves of rights traditionally regarded as employment rights. Most ...
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Telecommunications
Dispute resolution - Jurisdiction - Mobile telephony - Telephone charges British Telecommunications Plc (appellant) v Office of Communications (respondent) & (1) Everything Everywhere Ltd (2) Hutchison 3g UK Ltd (interveners): British Telecommunications Plc (appellant) v Office of Communications (respondent) ...
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Intellectual Property
Broadcasters - Costs capping orders - Deception - Unfair advantage - Trainee solicitors (1) A&E Television Networks LLC (2) AETN UK v Discovery ...
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Public sector equality duty
If you want a sombre take on equality then seventeenth-century poet James Shirley is your man. For he reminds us that we all share a certain mortal destiny. And since death will eventually lay ‘his icy hand on kings’ so ‘Sceptre and crown/Must tumble down/And ...
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Criminal procedure
Adjournment - Disclosure - Due diligence - Adjournment of trial date R (on the application of Arshad) (claimant) v Southwark Crown Court (defendant) & Mohammed Butt (interested party): DC (Lord Justice Thomas, Mr Justice Kenneth Parker): 5 May 2011 ...