News – Page 271
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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) ...
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Proportionality and housing possession – the sequel
On 23 February the Supreme Court gave judgment in what was effectively episode two of the housing possession proportionality drama (see the conjoined appeal in London Borough of Hounslow v Powell [2011] UKSC 8). Back in November 2010 the Supreme Court had made an important ...
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Family law
Contact orders - Enforcement - Parental contact - Residence orders Re H (A Child): CA (Civ Div) (Lord Justices Thorpe, Tomlinson): 7 April 2011 The appellant mother (M) appealed against ...
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Immigration
Human rights - Duty of care - Compensatory damages Home Office v Mohammed and Ors: CA (Civ Div) (Lord Justices Sedley, Thomas, Hooper): 29 March 2011 The appellant Home Office ...
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Human rights
Damages - Penology and criminology - General damages R (on the application of Daniel Faulkner) v (1) Secretary of State for Justice (2) Parole Board: CA (Civ Div) (Lord Justices Sedley, Hooper, Wilson): 29 March 2011 ...
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Civil evidence
Expert evidence - Expert witnesses - Immunity from suit - Justification Paul Wynne Jones v Sue Kaney: SC (Justices of the Supreme Court: Lords Phillips (president), Hope (deputy president), Brown, Collins, Kerr, Dyson, Lady Hale): 30 March 2011 ...
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Principles of privilege
In R v Seaton [2010] EWCA Crim 1980, the Court of Appeal reviewed the law of legal professional privilege in the context of police station advice, and appears to have developed the law regarding the way in which ‘no comment’ interviews may be handled by advocates at trial. ...
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Disclosure of expert medical evidence
If a claimant instructs expert A, but then does not wish to rely upon the content of his report, can he instruct expert B without having to disclose expert A’s report? The assumption that claimant lawyers have historically made is ‘yes’ – privilege applies.
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Open and ready for business? Changes in immigration
A Statement of changes in Immigration Rules, detailing changes due to come into force yesterday, was laid before parliament on 16 March. The statement announced changes to the Tier 1 category of the points-based system (PBS), as expected, and in particular to the Tier 1 ...
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Civil evidence
Police - Criminal investigations - Remuneration - Trustees in bankruptcy Andrew v Newsgroup Newspapers Ltd and Ors: Ch D (Mr Justice Vos): 18 March 2011 The claimant sports agent (X) ...
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Insolvency
Practice statements - Proportionality - Remuneration - Trustees in bankruptcy Helen Brook v Nicholas Edward Reed (trustee in bankruptcy of the estate of Helen Brook): CA (Civ Div) (Lady Justice Arden, Lord Justice Black, Mr Justice David Richards): 25 ...
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Criminal procedure
Appeals - Forfeiture - Notices of hearing - Proceeds of Crime Act R (on the application of Nashika Harrison) v (1) Birmingham Magistrates’ Court (2) Chief Constable of West Midlands: CA (Civ Div) (Lords Justices Pill, Hooper, Munby): 25 ...