News – Page 280
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Civil Procedure Rules 2010 – latest amendments
With one exception the Civil Procedure (Amendment No 2) Rules 2010, and related amendments to the CPR practice directions (PDs) in the 53rd update, come into force on 1 October 2010. Perhaps the most important changes are those which implement three recommendations in Lord Justice Jackson’s (pictured) report on ...
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Competition law and contractual interpretation
One of the more routine tasks of a competition lawyer is to review commercial agreements, or parts of agreements, in order to determine whether they unlawfully restrict competition. The Court of Justice in Commission v Anic Partecipazioni [1999] ECR I-4125 confirmed that the concept of agreements, decisions by associations or ...
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Mortgage fraud will cause problems for solicitors
The downturn in the global economy caused, as many believe by a property asset bubble, ended as all do by showing who was swimming naked when the tide went out. On this occasion it was the banks that for years had been fuelling the bubble with ...
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Immigration
Administrative law – Civil procedure – Education – Admissions R (on the application of A&S Training College Ltd) v Secretary of State for the Home Department: QBD (Admin) (Judge Birtles): 27 August 2010 ...
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The Digital Economy Act 2010 and online copyright infringement
The Digital Economy Act 2010 – legislation to fit Britain for the digital age, or the oppressive tool of capitalist lickspittles? You be the judge. Digital Britain was an impressive white paper published in June 2009 containing a raft ...
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Insolvency
Football – CVAs – Creditors’ meetings – Unfair prejudice Portsmouth City Football Club Ltd (in administration) sub nom Revenue & Customs v (1) Portsmouth City Football Club Ltd (in administration) (2) Andrew Andronikou (3) Peter Kubik (4) Michael Kiely ...
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Employment
Discrimination – Contract terms – Equal pay – Women S Brownbill & Ors v St Helens & Knowsley Hospital NHS Trust: EAT (Mrs Justice Cox): 6 August 2010 The appellant ...
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Succession
Estates – Mutual wills – Validity Angela Marilyn Charles (2) Derek Goddard (3) Anne Mabel Thompson v Jill Deborah Fraser: ChD (Jonathan Gaunt QC): 11 August 2010 The claimants (C) ...
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Changes to the law of homicide
In relation to acts or omissions on or after 4 October 2010, critical changes to the law of homicide are made by the Coroners and Justice Act 2009. The issues are dealt with in part 2 chapter 1. The first set of changes deals with diminished ...
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Consumer challenges to bank charges and loan agreements
I have this recurring image of an enormous office populated by eye-shaded clerks sitting at narrow desks, poring through every word, sentence and paragraph of current consumer legislation, looking for some infinitesimal sign of weakness, some feeble link in the chain of rules and regulations.
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Challenging arbitration awards
One of the fundamental policy reasons behind the enactment of the Arbitration Act 1996 was the need to allow parties to resolve their disputes through arbitration and without judicial intervention.
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Insolvency
Administration – Insolvency practitioners’ proposals – Law firms – Pre-pack administrations In the matter of Halliwells LLP sub nom Halliwells LLP v (1) Shay Bannon (2) Dermot Power (administrators): Ch D (Mr Justice Kitchin): 30 July 2010 ...
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Real property
Agency – Equity – Professional negligence – Estoppel by representation Jean Sarah English v (1) Colin English & Yvonne English (2) Hodge Jones & Allen (a firm) (3) Swift Advances plc: Ch D (Judge David Cooke): 3 August 2010 ...
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Criminal law
Acquisition of criminal property – Fraudulent dealing – Mens rea – Money laundering R v Michael Geary: CA (Crim Div) (Lord Justice Moore-Bick, Mrs Justice Rafferty DBE, Judge Gilbert QC): 30 July 2010 ...
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Establishing causation when an injury has more than one cause
Where an injury could have had more than one cause, what must be proved to establish causation? This issue has engaged the House of Lords on several occasions, and two differing answers have been forthcoming. The differing and inconsistent tests are categorised as the ‘material contribution’ test and the ‘but ...
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The Human Rights Act at war
Helen Grimberg and Mike Brown assess the impact of a recent Supreme Court decision on the right of soldiers to sue for damages when they are injured during foreign combat ...
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Criminal procedure
Change of plea – Postal pleas – Right to change plea after hearing Michael John Rymer v Director of Public Prosecutions: DC (Lord Justice Hooper, Mr Justice Rafferty): 21 July 2010 ...
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Human rights
Duty to undertake effective investigation – Inhuman or degrading treatment – Iraq Ali Zaki Mousa & Ors (claimants) v Secretary of State for Defence (defendant) & Legal Services Commission (interested party): DC (Sir Anthony May (President QB), Mr Justice ...
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Public health – back to the future
We humans are a discontented lot, constantly seeking release from the imprisonment of the present. Fashions ebb and flow; and if you wait long enough, what was already obsolete yesterday will surely become today’s ‘must-have’. Thus, as Shakespeare’s clown in Twelfth Night would have it, ‘... the whirligig of time ...
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Consumer contracts - we need an independent ombudsman
It’s not realistic for consumers to seek redress in the courts for unfair contract terms, says Dr Olufemi Amao. We need an independent ombudsman scheme Since the introduction of the Unfair Terms in Consumer ...