News – Page 282
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News
Human rights
Terrorism – Control orders – Right to liberty and security Secretary of State for the Home Department (respondent) v AP (appellant): SC (Lord Phillips, Lord Saville, Lord Rodger, Lord Walker, Lord Brown, Lord Clarke, Sir John Dyson): 16 June ...
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Criminal law: new offences, amendments and provisions
Significant parts of the Coroners and Justice Act 2009 took effect during the spring of this year. On 1 February section 59 was brought into force amending the Suicide Act 1961. For the old offence under section 2, there is now substituted a provision that ‘a person (D) commits an ...
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Criminal procedure
Admissibility – Confessions – Theft – Trial within a trial R v Bhavna Dhorajiwala: CA (Crim Div) (Lord Justice Aikens, Mr Justice Slade, Judge Wadsworth QC): 9 June 2010 The ...
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Immigration
Asylum – Ethiopia – Persecution – Refugees Secretary of State for the Home Department v St (Eritrea): CA (Civ Div): (Sir Anthony May (president QB), Lords Justices Longmore, Stanley Burnton)9 June 2010 ...
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The law regarding entrapment
The law is unclear as to how much protection is afforded to those entrapped by undercover journalists into committing criminal offences, says David Sleight
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Civil procedure
Automatic striking out – Litigants in person – Non-compliance – Unduly harsh sanction Kinsley v Commissioner of Police for the Metropolis: CA (Civ Div): (Lords Justices Ward, Thomas, Pitchford): 9 June 2010 ...
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Competence powers and school exclusions
‘Under new management’ signs are festooned across the variegated organs of government, from Whitehall to town hall. The new coalition government has not been slow in charting new ground.
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Mental health and disability discrimination protection
A person has a ‘disability’ if he or she has a mental impairment which has a substantial and long-term adverse impact on his or her ability to carry out normal day-to-day activities – section 1 of the Disability Discrimination Act 1995. Alcohol and drug addiction as well as five ...
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Immigration
Change of circumstances – Entry clearances – Visas – Immigration Act 1971 Secretary of State for the Home Department v DB: CA (Civ Div) (Lords Justice Mummery, Thomas, Pitchford): 28 May 2010 ...
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Intellectual property
Goodwill – Misrepresentation – Passing off – Vacuum cleaners Numatic International ltd v Qualtex UK Ltd: ChD (Patents Ct) (Mr Justice Floyd): 28 May 2010 The claimant company (N) ...
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Civil procedure
Health – Judicial review – Jurisdiction – Interested parties R (on the application of McVey & Ors) (claimant) v Secretary of State for Health (defendant) & (1) Jonathan Simms (2) Holly Mills (interested parties): QBD (Admin) (Mr Justice Silber): ...
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Employment
Banking and finance – Contracts – Bonus payments – Summary judgments Parties Named in Schedule A v (1) Dresdner Kleinwort Ltd (2) Commerzbank AG; Fahmi Anar & Ors v (1) Dresdner Kleinwort Ltd (2) Commerzbank AG: QBD (Mr Justice ...
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The jurisdictional scope of freezing orders
The jurisdiction of a freezing order was set out in the leading case of TSB Private Bank International S.A. v Chabra [1992] 1 WLR 231 (also known as the court’s Chabra-type of jurisdiction). It was held that, so long as the claimant had a good arguable cause of action against ...
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Claiming damages for a ruined holiday
Recent reports of clouds of volcanic ash and BA cabin crew strikes have highlighted the plight of holidaymakers who are either stranded abroad or unable to take their holiday. However, even those who manage to avoid disruption are often disappointed when their holiday falls short of their expectations.
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Employment
Damages - Contracts - Disciplinary procedures - Wrongful dismissal Michael Steven Delawar Edwards v Chesterfield Royal Hospital NHS Foundation Trust: CA (Civ Div) (Lords Justice Ward, Lloyd, Moore-Bick): 26 May 2010 ...
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Family law
Local government - Social welfare - Child abduction - Local authority housing EA v (1) GA (2) Westminster City Council (3) Salford City Council: CA (Civ Div) (Lords Justice Thorpe, Etherton): 27 May 2010 ...
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The five-year plan for immigration – five years on
We have repeatedly heard that the UK has experienced its biggest overhaul of the immigration system in half a century. This claim is false. The recent changes to our immigration system are more of a repackaging.