News – Page 273
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News
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 ...
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Local government
Education – Social welfare – Looked-after children R (on the application of O (by his litigation friend Andrew Burton)) (Appellant) v East Riding of Yorkshire County Council (Respondent) & Secretary of State for Education (Intervener) (2011): CA (Civ Div) ...
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Employment
Civil procedure – Industrial action – Interim injunctions National Union Of Rail, Maritime & Transport Workers v Serco Ltd (T/A Serco Docklands): Associated Society Of Locomotive Engineers & Firemen v London & Birmingham Railway Ltd (T/A London Midland): CA ...
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Legal funding
Legal advice – Local government – Insurance D Sousa v Waltham Forest London Borough Council: CA (Civ Div) (Lords Justices Ward, Moore-Bick, Etherton): 3 March 2011 The appellant local authority ...
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High time to investigate insurer delay
As the Ministry of Justice wades through stakeholders' views on proposed reforms to civil litigation, there is an imperative to investigate the critical, yet largely undocumented issue, of defendant behaviour in the personal injury claims process. So far, the debate about rising costs and delays has focused solely on claimant ...
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Local authority surveillance
In January, the Home Office published its long-awaited review of counter-terrorism and security powers. Amid all the headlines and controversy about control orders for suspected terrorists, it is easy to miss the proposed changes to local authorities’ powers to carry out surveillance under the Regulation of ...
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Reinventing intellectual property litigation
The Patents County Court has undergone a major makeover, to make it the venue of choice for small-to-medium-sized intellectual property disputes. Intellectual property is generally seen as being a good thing, both for businesses or the individuals that own it, and for society at large. Patents ...