News – Page 297
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Personal injury
Limitation periods - Personal injury claims Stephen Cain v Bernice Francis: Shona Mckay v (1) Stephen Hamlani (2) Direct Line Insurance Plc: CA (Civ Div) (Sir Robert Andrew Morritt, Lady Justice Smith, Lord Justice Maurice Kay): 18 December 2008 ...
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The issues raised by police officers conferring on their notes
Last May barrister Mark Saunders was killed by police after he repeatedly fired a shotgun out of the window of his Chelsea flat.
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New pre-action protocol for mortgage possession claims
A new civil procedure protocol for lawyers of much practical relevance came into effect on 19 November 2008. It applies to both money and possession claims by the lender on mortgages of residential property.
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European Court judgment on DNA retention
The European Court of Human Rights, in a landmark judgment delivered in December 2008, decided that the UK’s policy of retaining DNA samples and profiles of innocent people is indiscriminate and unlawful.
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Legal advice
Conditional fee agreements – Legal costs insurance – Solicitors’ powers Kier Tankard (appellant) v John Fredricks Plastics Ltd (respondent); (1) Fawcett Old Ltd (2) Michael Jane Hair & Beauty (appellants) v Yvonne Hibberd (respondent); Mark Jones (appellant) v Karl ...
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Loss on sale relief and bankruptcy of a residuary beneficiary
There is something of a credit crunch flavour to this update, as it covers bankruptcy and inheritance tax problems caused by falling values.
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Human rights
Constitutional law – Aliens - Constitutional reform - EC law - Right to free elections- Sark R (on the application of Barclay & Ors) v Secretary of State for Justice & Ors: CA (Civ Div) (Lords Justice Pill, Jacob, ...
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Points-based immigration
Now the old work permit scheme has gasped its last breath, employers and legal practitioners alike may soon recall with fondness the bygone age of the paper work permit. On 27 November, the work permit scheme was replaced by tier 2 of the points-based system (PBS) ...
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Human rights
Bicycles – Exemptions – Notification - Processions Kay v Commissioner of Police of the Metropolis: HL (Lord Phillips of Worth Matravers, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood): 26 November 2008 ...
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ACAS: conciliation returns to the toolbox
Timing is often crucial. Do you wish that you had exchanged your Icelandic individual savings account for premium bonds (now the geriatric pin-up of the savings world) earlier this year? You would be far from alone. The ability to dance on the beat can often make or break you.
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Family law
Ancillary relief – Error of fact – Lump sum payments – Periodical payments – Transfer of assets – Acquisition of capital after marriage Paul Fallon v Ruth Fallon: CA (Civ Div) (Lords Justice Thorpe, Lawrence Collins, Goldring): 20 ...
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Criminal procedure
VAT – Benefit from criminal fraud – Carousel fraud R v (1) Bhovinder Singh Sangha (2) Brian Meehan (3) Gerard Martin McAllister: CA (Crim Div) (Lords Justice Richards, Mr Justice Stadlen, Judge Gordon): 18 November 2008. ...
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Copyright, music and exemption: playing music in public
A government review of copyright exemptions for playing of recorded music may force some not-for-profit bodies to turn off their TVs, radios and CD players. They and charitable bodies may soon decide that silence is golden if the repeal of current exemptions means they will have ...
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Immigration law
Entry clearances – Public order offences – Reasons – Snoop dog Cordozar Broadus (USA) v Entry Clearance Officer: CA (Civ Div) (Lords Justice Laws, Carnwath, Richards): 13 November 2008 The ...
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Civil procedure
Costs – Allocation – Conduct – Multi-track – Small claims David Peakman v Linbrooke Services Ltd: CA (Civ Div) (Lords Justice Mummery, Goldring, Lady Justice Smith): 13 November 2008 The ...
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Human rights
Defamation – Education – Local government – Privacy – School exclusions H v Tomlinson: CA (Civ Div) (Lords Justice Ward, Sedley, Longmore): 13 November 2008 The appellant head teacher ...
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Criminal law
Police – Torts – False imprisonment – Suspicion – Terrorism – Unlawful arrest Commissioner of Police of the Metropolis v Mohamed Raissi: CA (Civ Div) (Master of the Rolls, Sir Anthony Clarke, Lords Justice Maurice Kay, Stanley Burnton): ...
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Criminal law: Criminal Justice Act 1988 (Offensive Weapons)
On 6 April this year, new legislation to control curved bladed swords came into force. Since that time there has been a great deal of confusion over the intended interpretation of the statute.
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Employment law
Equal pay – Justification – Remuneration – Sex discrimination – Shift workers Blackburn and anor v Chief Constable of West Midlands Police: CA (Civ Div) (Lords Justice Scott Baker, Maurice Kay, Wilson): 6 November 2008 ...