News – Page 290
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News
Criminal law roundup: more than just the usual suspects
Many suspects now surrender themselves to the police when it is known that they are subject to an investigation. They attend the police station as volunteers. Police culture is still deeply committed to making an arrest at that point. However, every arrest must be justified under section 24 of the ...
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Strike out for abuse of process: guidance for making and resisting applications
The courts’ wide powers under CPR 3.4(2) and the factors a court will take into account when considering an application to strike out a statement of case for abuse of process were considered by the Court of Appeal in Walbrook Trustees (Jersey) Ltd & Others v Fattal & Others [2009] ...
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New information commissioner Christopher Graham has much to do
The new information commissioner, Christopher Graham, took up his post in June this year. Mr Graham previously ran the Advertising Standards Authority. One of his main challenges will be to tackle the lengthy backlog of cases that his office (the ICO) has been struggling with.
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Employment
Age discrimination – Retirement age R (on the application of AGE UK) (claimant) v Secretary of State for Business, Innovation & Skills (defendant) & (1) Equality & Human Rights Commission (2) HM Attorney General (intervenors): QBD (Admin) (Mr Justice ...
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Local government: determining bias – and what is a public authority?
‘In law,’ Lord Steyn once reminded us, ‘context is everything’. And context was particularly relevant on 24 June this year, when the Court of Appeal agreed with Mr Justice Collins that a planning inspector’s decision was tainted by apparent bias...
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A look at the latest changes to the Civil Procedure Rules (50th update)
The Civil Procedure (Amendment) Rules 2009 (SI 2092) were made on 28 July 2009 and, with certain exceptions, come into force today. They are accompanied by an update (the 50th) containing amendments to the practice directions which are such a key part of the modern system. ...
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Legal profession
Costs –Intervention in solicitors’ practice – Suspected dishonesty – Solicitors Accounts Rules Shahrokh Mireskandari v Law Society: Ch D (Mr Justice Henderson): 4 September 2009 The court was required to determine issues of costs and other consequential matters ...
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Family law
Care orders – Interim orders – Likelihood of significant harm – Weight of evidence Re MGR (a child) sub nom Calderdale Metropolitan Borough Council v (1) JD (2) JR (3) RD (4) MGR (by her guardian): CA (Civ Div) ...
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Media: is Google a publisher or merely a facilitator?
A Google search is the first port of call for many of us when researching anything online. Indeed, according to Wikipedia, Google receives several hundred million queries each day. The Google engine searches an index of web pages, compiled and updated by Google automatically, and provides access to the sites ...
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How will more changes to points-based immigration affect the City?
In August 2009, the UK Border Agency announced further changes to the points-based immigration system that was introduced in late 2008. These changes, introduced after months of lobbying, go beyond the scope of the almost weekly changes and 'fixes' that employers and immigration lawyers have been getting used to. ...
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Personal injury interest calculation tables
The standard rate of interest on general damages for pain and suffering and loss of amenities in personal injury cases was fixed at 2% per annum by the House of Lords in Birkett v Hayes [1982] 1 WLR 816; [1982] 2 All ER 70. This was confirmed as appropriate by ...
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Getting to grips with points-based immigration
Immigration continues to be a highly politicised and sensitive area. The government is keen to use objective data received on the impact of migration on the British economy to continue to monitor and change the newly introduced points-based system (PBS). The government is eager to demonstrate that the pledged flexibility ...
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Real property
Compensation – Compulsory purchase – Neighbouring land – Rental value (1) Stewart John Pattle (2) Craig Pattle v Secretary of State for Transport: UT (Lands) (Judge Huskinson, Andrew Trott): 21 July 2009 ...
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Local government - London Authorities Mutual Limited
The phoenix is a splendid mythical bird that is serious about regeneration. Near the end of its 500-1,000 year lifecycle it burns itself to ashes, only to emerge anew to live through another lifetime.
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Freezing assets of ‘terrorists’ – how fair is the UN sanctions committee?
The attacks on the World Trade Center in 2001 brought many changes to the legal landscape, of which three facets are perhaps most familiar to legal practitioners: criminal trials of suspected terrorists; control orders imposed on those suspected of terrorist activity; and the extradition of terrorist suspects to other countries, ...