News – Page 293
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Employment
Civil procedure – Age discrimination – Collective agreements – Employee benefits Rolls-Royce plc v Unite (the union): CA (Civ Div) (Lady Justice Arden, Lords Justice Wall, Aikens): 14 May 2009 ...
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Family law: opening up family proceedings to the media
On 27 April 2009 the Family Proceedings (Amendment) (No 2) Rules 2009 SI857 (County Court and High Court) and the Family Proceedings Courts (Miscellaneous Amendments) Rules 2009 SI2009 No 858 (Magistrates Courts) and two Practice Directions, Attendance of Media Representatives at hearings in Family Proceedings dated 20 April 2009...
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Freedom of information: cabinet minutes, audit reports, BBC appeal
Probably the most controversial decision under the Freedom of Information Act was published by the Information Tribunal on 27 January 2009 (Cabinet Office and Dr Christopher Lamb v Information Commissioner (EA/2008/0024 & 0029))...
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Negligence
Barristers – Legal advice – Limitations – Professional negligence – Solicitors Pritchard Joyce & Hinds (a firm) v Batcup & anor: CA (Civ Div) (Lords Justice Sedley, Dyson, Sullivan): 5 May 2009 ...
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Succession
Assumption of responsibility – Family provision – Wills Baynes v Hedger & ors: CA (Civ Div) (Sir Andrew Morritt (Chancellor), Lords Justice Longmore, Goldring): 7 May 2009 ...
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Solving sell-to-rent-back issues with proprietary estoppel
The doctrine of proprietary estoppel may help clients who sold their house in return for tenancy but have since been given notice to quit.
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Internet publication and freedom of expression
The long-standing principle of ‘publish and be damned’ is jealously guarded by the media. But when it comes to publications on the internet, a recent decision of the European Court of Human Rights (ECHR) shows that those who publish there may find themselves being damned for ever and a day.
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Family law
Children – Discretion – Residence orders Re R (a child ) sub nom CP v (1) AR (2) CR (a child by his guardian): CA (Civ Div) (Lords Justice Wall, Wilson): 29 April 2009 ...
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Sentencing
Causing death by dangerous driving – Mobile telephones – Mitigation – Undue leniency Attorney general’s reference (no 17 of 2009), sub nom R v Phillipa Curtis: CA (Crim Div) (Lord Chief Justice Lord Judge, Mr Justice Lloyd-Jones, Mr Justice ...
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Enforcement: Charging and third-party debt orders
Section 24(1) of the Limitation Act 1980 (‘the 1980 act’) provides that an action cannot be brought on any judgment after the expiration of six years from the date on which the judgment became enforceable, unless an extension is granted on application by the judgment creditor.
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Indemnity costs can add woe to a losing party’s bill
The recent High Court case of Noorani v Calver [2009] EWHC 592 (QB) has provided valuable guidance as to the factors a court will take into account when deciding whether to award costs to a party on an indemnity basis.
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Employment
Employment status – Limited liability partnerships - Members M Kovats v (1) TFO Management LLP (2) The Family Group of Companies: EAT (Mr Justice Birtles, T Motture, D Welch): 21 April 2009 ...
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Sentencing
Imprisonment for public protection – Indecent photographs of children – Risk of re-offending R v Robert Lwellyn Hicks: CA (Crim Div) (Lord Justice Thomas, Mr Justice Blake, Mr Justice Burnett): 21 April 2009 ...
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Restraint orders under the Proceeds of Crime Act
It is estimated that organised crime costs the UK some £40bn a year. The Proceeds of Crime Act 2002 trailblazed some unprecedented powers of asset restraint and confiscation in an attempt to remove the profit and, ultimately, motivation for committing economic crime.
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Criminal law: defence costs orders and more
Important provisions in relation to the taxation of defence costs orders, made in the magistrates’ court, came into effect on 13 October 2008. All such bills delivered after that date will now be taxed by the appropriate National Taxing Team rather than by the court itself.
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Criminal law: witness anonymity, automatic deportation
In R v Davis [2008] UKHL 36, the House of Lords held that the use of anonymous witnesses whose evidence was critical to the conviction, rendered a trial unfair without a statutory scheme being in force.
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Probate law: equitable election, proprietary estoppel
In Frears v Frears [2008] EWCA Civ 1320, the Court of Appeal had to consider the equitable doctrine of election.
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Employment
Health and safety at work - Casual workers - Compensation - Contracts of employment R (on the application of Health and Safety Executive) v Shah Nawaz Pola: CA (Crim Div) (Lord Justice Moses, Judge Hedley, Judge Russell, Recorder of ...
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Vexatious requests, audit reports, data protection and disclosing legal advice
It is now four years since the Freedom of Information Act 2000 came into force. While the act is about opening up the public sector to more scrutiny through access to recorded information, parliament has recognised the importance of ensuring that public authorities are protected from vexatious requests that waste ...