News – Page 292
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News
Freedom of information: exemptions from disclosure
Freedom of information has been at the heart of the news agenda with the revelations made by the Daily Telegraph about MPs’ expenses. It’s worth remembering that, while the Telegraph came by the leaked information from someone in the House of Commons fees office...
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Homelessness – when is enough, enough?
On 1 July the House of Lords handed down a single judgment in two housing appeals, which will have significant long-term consequences with a number of questions left unanswered.
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Residence and Contact Orders: Domestic Violence and Harm
The above practice direction, originally issued on 9 May 2008, was reissued on 14 January 2009 to reflect the decision of the House of Lords in Re B (Children) [2008] UKHL 35.
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Local government law: age discrimination
How LIFO (last in, first out on redundancy) fares under ageism laws is a subject with far-reaching impact for local government lawyers.
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Real property
Excavation – Nuisance – Party walls – Surveyors Christine Reeves v Beatrice Blake: CA (Civ Div) (Lords Justice Mummery, Moses, Etherton): 24 June 2009 The appellant (R) appealed against ...
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Family law
Ancillary relief – Consent orders – Foreseeability – Share valuation Martin Robert Walkden v Kim Hazel Walkden: CA (Civ Div) (Lords Justice Thorpe, Wall, Elias): 25 June 2009 The appellant ...
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Criminal law: self-defence, diminished responsibility, et alia
The law on self-defence has been ‘clarified’ (section 76(9)) but not amended or consolidated by section 76 of the Criminal Justice and Immigration Act 2008, which came into force in July last year.
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Personal injury
Discounts – Future loss – Loss of chance – Loss of earnings – Sportspersons Gary Smith & anr v Ben Collett CA (Civ Div) (Lords Justice Carnwath, Hughes, Lady Justice Smith): 17 June 2009 ...
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Media and entertainment
Human rights – Blogs – Confidentiality – Freedom of expression - Police Author of a blog v Times Newspapers Ltd: QBD (Mr Justice Eady): 16 June 2009 The applicant ...
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Reaffirming parliament’s stance on contracts
The recent Court of Appeal case of Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd ([2009] 1 AII ER (Comm) 16) will be of interest to both litigators and non-litigators. Although the main issue of appeal was whether the particular lease agreements in question fell within section 26 of ...
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Objective selection criteria for redundancy
Getting older presents one with a number of oddities to deal with. Just how much chestnut rinse looks ‘natural’? (The answer, of course, is none.) Where is the door to my office? That kind of thing.
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Criminal procedure
Confiscation orders – Drug trafficking – Market value – Statutory interpretation – Proceeds of crime R v Islam: HL (Lords Hope of Craighead, Walker of Gestingthorpe, Mance, Neuberger of Abbotsbury, Baroness Hale of Richmond): 10 June 2009 ...
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Local government
Torts – Emergency powers – Interference with goods – Local authorities’ powers and duties Infolines Public Networks Ltd v Nottingham City Council: CA (Civ Div) (Sir Andrew Morritt [Chancellor], Lords Justice Keene, Elias): 11 June 2009 ...
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Local government
Education – Home tuition – Special educational needs – Statements – Local authority’s obligations R (on the application of TM) v Hounslow London Borough Council: CA (Civ Div) (Lords Justice Thomas, Aikens, Patten): 11 June 2009 ...
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Human rights
Closed material – Disclosure – Non-derogating control orders – Right to fair trial – Prevention of Terrorism Act 2005 Secretary of State for the Home Department (appellant) v (1) AF (2) AM (3) AN (respondents): AE (appellant) v Secretary ...
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Information technology: data retention regulations
The contentious Data Retention (EC Directive) Regulations 2009 came into force on 6 April, in the face of opposition from privacy campaigners and serious questions from lawyers. Billed as a vital tool in the fight against terrorism and other crime, the regulations stand accused of being yet another snoopers’ charter.