News – Page 272
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News
Civil procedure
Civil Procedure Rules - Media and entertainment - Anonymity - Breach of confidence (1) Zac Goldsmith (2) Sheherazade Goldsmith v BCD: Jemima Khan v BCD: QBD (Mr Justice Tugendhat): 22 March 2011 ...
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Immigration
Damages - Human rights - Torts - Deportation Walumba Lumba v Secretary of State for the Home Department: Kadian Mighty v Secretary Of State for the Home Department: SC (Justices of the Supreme Court Lord Phillips, Lord Hope, Lord ...
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Bribery Act guidance
It is now 13 years since the UK committed to fulfil its obligations under the OECD Anti-Bribery Convention, and almost nine years since it became a signatory to the UN Convention against Corruption. In that time, there has been an unremitting flow of effort aimed ...
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Surveyors need solicitors to be up-to-date on dilapidations cases
Advances in construction techniques and material science have allowed for the design of more colourful and exciting buildings over the last twenty years. As well as new buildings, old buildings can be given a new lease of life by re-cladding the exterior, using these new ...
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International document management
In a globalised environment where legal and regulatory matters can involve corporate subsidiaries spanning multiple jurisdictions, moving data from one country to another in order to respond to these matters can lead to significant legal, political and social challenges. The need to collect, review and produce ...
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Social security
EU nationals - Habitual residence - Indirect discrimination - Justification Galina Patmalniece v Secretary of State for Work and Pensions: SC (Lord Hope (deputy president), Justices of the Supreme Court Lord Rodger, Lord Walker, Lady Hale, Lord Brown): 16 ...
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Civil Procedure
Extradition - Appeal notice - European Arrest Warrants - Time limits Kane v Spain: QBD (Admin) (Mr Justice Collins) 17 March 2011 The appellant (K) appealed against a decision of ...
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Civil Procedure
Charities - Conditional permission - Permission to appeal - Protective costs orders R (on the application of Medical Justice) v Secretary of State for the Home Department: CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Lords Justices Hooper, Rimer): ...
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Family Procedure Rules
The new Family Procedure Rules come into effect on 6 April. They are a welcome step in consolidating the existing disparate set of rules. They provide a single set of rules for family proceedings whether in the High Court, county courts or magistrates’ courts. No ...
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Family law
Babies - Habitual residence - Jurisdiction - Parental responsibility Barbara Mercredi v Richard Chaffe: CA (Civ Div) (Lords Justices Thorpe, Elias): 17 March 2011 The appellant mother (M) appealed against ...
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Valuable guidance on indemnity costs
In a previous update I commented on the case of Noorani v Calver [2009] EWHC 592 (QB). This case illustrated some of the factors which the courts are likely to take into account in assessing whether to award indemnity costs. In Noorani, Mr Justice Coulson considered ...
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Employment
Negligence - Asbestos - Burden of proof Karen Sienkiewicz (administratrix of the estate of Enid Costello, deceased) v Greif (UK) Ltd: Knowsley Metropolitan Borough Council v Willmore: SC (Lords Phillips, Rodger, Brown, Mance, Kerr, Dyson, Lady Hale): 9 March ...
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Personal injury
Autistic spectrum disorder - Employers’ liability Janet Vaile v Havering London Borough Council CA (Civ Div): (Lords Justices Longmore, Etherton, Sir David Keene): 11 March 2011 The appellant former teacher ...
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Conveyancing Protocol update
The Conveyancing Quality Scheme (CQS) is building up a head of steam. The first firms have been accredited. Applications are coming in thick and fast. The concept of raising standards is hardly controversial, but giving practitioners the tools to work within the scheme has been an ...
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Low exposure asbestos claims
The recent Supreme Court ruling does clarify the tests the courts should apply and will make it easier for victims with relatively low exposure to asbestos to succeed in claims, but significant hurdles still remain for many mesothelioma victims who do not know exactly where or when they were exposed ...
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Outcomes-focused regulation: the emperor’s new clothes?
In just a few weeks the new Solicitors Regulation Authority Handbook will be released and in less than eight months the new regulatory regime comes into force. Many law firms, and alternative business structures, are only just beginning to consider what outcomes-focused regulation will really mean for their daily practices. ...
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Family law
Civil evidence – Local government – Care proceedings H v City & County Of Swansea & Ors: CA (Civ Div) (Lady Justice Arden, Lords Justices Black, Richards): 2 March 2011 ...
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Immigration
Administrative law – Asylum seekers – Judicial review R (on the application Of MN (Tanzania)) v Secretary of State for the Home Department: CA (Civ Div) (Lords Justices Kay, Moses, Sullivan): 4 March 2011 ...
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UK Border Agency and proposals to change immigration rules
On 16 February, the UK Border Agency (UKBA) released a Statement of Intent detailing proposals to change the eligibility criteria for the Points-Based System (PBS) Tier 2 migrants and the operation of permanent limits on certain Tier 2 applications. Additionally proposals to change the criteria ...