News – Page 271
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News
Parent residence orders and relocation
One of the most difficult decisions a family judge can be called on to make is whether to grant permission to a parent with a residence order to relocate outside the jurisdiction of England and Wales. Cheap air travel, emails, mobile phones, Facebook and Skype ...
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Implications of new product placement regime for lawyers
On 28 February 2011, viewers of the This Morning breakfast show witnessed the first paid-for product placement on UK TV – the Dolce Gusto coffee machine. This cost Nescafé a reported £100,000, but what return on investment (ROI) did it generate, how was the price ...
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Financial regulation
Financial Services Authority - Payment protection insurance - Financial Ombudsman R (on the application of British Bankers Association) (Claimant) v (1) Financial Services Authority (2) Financial Ombudsman Service (Defendants) and Nemo Personal Finance Ltd (Interested Party): QBD (Admin) (Mr ...
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Intellectual Property
Media and entertainment - Information technology - European Union R (on the application of (1) British Telecommunications Plc (2) Talktalk Telecom Group Plc) (Claimants) v Secretary of State for Business, Innovation and Skills (Defendant) and BPI (British Recorded Music ...
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Presumption of death; intestacy and polygamous marriages
There have been some rather unusual recent cases that invite comment. In Bayes-Walker and another v Bayes-Walker and others [2010] EWHC 3142 (Ch) the High Court made a declaration that a missing RAF sergeant was to be presumed dead for the purposes of rights to a ...
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Essential Family Procedure Rules 2010
The law is unchanged. Therefore so is the terminology taken from the primary legislation, whatever relabelling the procedural changes purport to make. For example, Matrimonial Causes Act 1973 section 1 speaks of ‘petitions for divorce’. In the Family Procedure Rules ...
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Immigration
Penology and criminology - Absconding - Category D prisoners - Classification R (on the application of Gregory Omoregbee) (Claimant) v (1) Secretary of State for Justice (2) Governor of Hewell Prison (Defendants) and UK Border Agency (Interested Party): CA ...
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Human rights
Freezing orders - Lists - Right to a fair trial - Terrorists Secretary of State for the Foreign Office and Commonwealth Affairs v (1) E Maftah (2) A Khaled: CA (Civ Div) (Lord Judge LCJ, Lord Justice Sedley, Lady ...
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Administrative law
Licensing - Local government - Irrationality - Legitimate expectation Corporation of the Hall of Arts and Sciences (Appellant) v Albert Court Residents Association and Ors (Respondents) and Westminster City Council (Additional Party): Westminster City Council (Appellant) v Albert Court ...
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Team GB: world police?
It is said that it is far better to give than to receive. That may be so, but under the Bribery Act 2010 both may be an offence, so ‘receiving’ may now have the edge. After a false start or two, the act will finally come ...
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Personal injury
Health and safety at work - Codes of practice - Employers’ liability - Noise Stephanie Baker (Respondent) v (1) Quantum Clothing Group (2) Pretty Polly Ltd (3) Meridian Ltd (Appellants): SC (Justices of the Supreme Court: Lords Mance, Kerr, ...
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Local government
Human rights - Social welfare - Child protection - Disclosure (1) H (2) L v A City Council: CA (Civ Div) (Lord Justices Pill, Hooper, Munby): 14 April 2011 The ...
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How to manage staff after the removal of the default retirement age
Until 6 April this year, law firms could safely give notice to ‘retire’ employed staff at 65 under the Default Retirement Age (DRA) exemption. Provided they followed the correct statutory retirement process, the retirement would be ‘fair’ with no age discrimination risk. ...
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Amendments to Civil Procedure Rules
There were four sets of amendment rules in 2010 and there has already been one set in 2011. Previous articles have dealt with the Civil Procedure (Amendment) Rules 2010 (SI 2010/621) – which accompanied the Pre-Action Protocol for Low Value Personal Injury Claims in ...
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Civil procedure
Intellectual property - Cross-undertakings - Ex turpi causa - Illegality (1) Les Laboratoires Servier (2) Servier Laboratories Ltd v (1) Apotex Inc (2) Apotex Pharmachem Inc (3) Apotex Europe Ltd (4) Apotex UK Ltd: Ch D (Patents Ct) (Mr ...
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Employment
Discrimination - Compensatory awards - Maternity leave - Polkey reductions Eversheds Legal Services Ltd v J De Belin: EAT (Mr Justice Underhill (president), B Beynon, T Haywood): 6 April 2011 ...
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Company law
Equitable charges - Pledges - Security - Shareholders Enviroco Ltd v Farstad Supply A/S: SC (Lords Hope (deputy president), Rodger, Mance, Collins, Clarke): 6 April 2011 The appellant Scottish company ...
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Family law
Human rights - European Court of Human Rights - International Child Abduction - Rights of custody Re E (Children) sub nom (1) KE (2) TB (Appellants) v SE (Respondent) and (1) Reunite (2) Aire Centre (Interveners): CA (Civ Div) ...