News – Page 273
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News
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 ...
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Radical shakeup of social housing is potentially damaging
The Law Society has been coordinating responses from members of its relevant committees (planning, conveyancing and housing) to large parts of the Localism Bill. This is the bill that proposes to bring in far-reaching plans to devolve power to the local community to build on the government’s idea of the ...
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Disbursement? VAT depends…
A common query posed to VAT advisers is: can a particular cost be recharged without VAT as a disbursement? Well, that depends. The recent case of Barratt, Goff & Tomlinson (BGT) [MAN/2009/0219] highlights just how muddy the issue of disbursements has become. The appellant was ...
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Failure to manage your data could be criminal
The way a law firm handles information could represent a ticking time bomb. Every document you file carries legal, financial and practical implications for your business. It is vital to understand these implications, and the actions required to protect the business and its clients.
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Tenancy deposits
Since 6 April 2007, the well-worn road of disputes about the return of tenants’ deposits has taken a new turn with the statutory obligation on the landlord to protect the deposit within an authorised tenant deposit scheme (section 213 Housing Act 2004). ...
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Considering the statutory obligation on landlords to protect tenants’ deposits
Since 6 April 2007, the well-worn road of disputes about the return of tenants’ deposits has taken a new turn with the statutory obligation on the landlord to protect the deposit within an authorised tenant deposit scheme (section 213 Housing Act 2004). ...
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Family law
Child abduction - Children’s welfare - Discretionary powers Re O (Children): CA (Civ Div) (Lords Justices Wilson, Pitchford, Black): 16 February 2011 The appellant mother (M) appealed against a decision ...
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Civil procedure
Legal profession - Course of conduct - Defence statements - Harassment Iqbal v Dean Manson Solicitors: CA (Civ Div) (Lady Justice Smith, Lords Justices Rix, Richards): 15 February 2011 The ...
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Uren v Corporate Leisure (UK) Ltd and Ministry of Defence
Mr Uren was a member of the RAF who suffered a spinal injury when taking part in a ‘health and fun day’, during which he dived head first into an inflatable pool containing water with a depth of 18 inches while competing to collect pieces of plastic fruit. ...
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Will the new act begin with a whimper?
Last week, the first corporate prosecution under the much-heralded Corporate Manslaughter and Corporate Homicide Act 2007 ended with a fine of £385,000 against Cotswold Geotechnical Holdings. This followed its conviction for corporate manslaughter at Winchester Crown Court two days earlier. ...
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Landlord and tenant
Civil procedure - Housing - Local government - Demoted tenancies Manchester City Council v Pinnock (No.2): SC (Lord Phillips (president), Lord Hope (deputy president), Lord Rodger, Walker, Lady Hale, Brown, Lord Mance, Lord Neuberger, Lord Collins (Justices of the ...
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Civil procedure
Costs - Construction disputes - Mediation - Part 36 offers Rolf v De Guerin: CA (Civ Div) (Lords Justices Rix, Elias, Tomlinson): 9 February 2011 The appellant (R) appealed against ...
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Employment
Education - Local government - Addition of parties - Boards of governors Jones v Neath Port Talbot County Borough Council: CA (Civ Div) (Lords Justices Carnwath, Elias, Pitchford): 9 February 2011 ...