News – Page 301

  • News

    Chancery: proprietary estoppel

    2008-09-11T00:00:00Z

    The proposition that ‘equitable estoppel is a flexible doctrine... but it is not a joker or wild card to be used whenever the court disapproves of the conduct of a litigant who seems to have the law on his side’ was the starting point for Lord Walker’s judgment in the ...

  • News

    Local government

    2008-09-11T00:00:00Z

    Torts – Trespass – Access – Bridleways – Damages Field Common Ltd v Elmbridge Borough Council: Ch D (Mr Justice Warren): 27 August 2008. The court was required to assess ...

  • News

    Human rights

    2008-09-11T00:00:00Z

    Civil Procedure – Disclosure – Inhuman or degrading treatment or punishment – Interrogation – National security R (on the application of Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs: DC (Lord Justice, Mr Justice Lloyd Jones): ...

  • News

    Family law

    2008-09-11T00:00:00Z

    Civil procedure – McKenzie friends – Rights of audience – Appropiate circumstances to grant rights of audience Re N (a child) sub nom A v (1) G (2) N (by his rule 9.5 guardian): Re N (a child) sub ...

  • News

    Defamation

    2008-09-11T00:00:00Z

    Libel – Malicious falsehood – Offer of amends Tesco Stores Ltd v (1) Guardian News and Media Ltd (2) Alan Rusbridger: QBD (Mr Justice Eady): 29 July 2008. The ...

  • News

    Sentencing

    2008-09-11T00:00:00Z

    Antisocial behaviour – Kidnapping – Mitigation – Sentence length R v Peter Graham Oswald: CA (Crim Div) (Lord Justice Gage, Mr Justice Treacy, Mr Justice Bean): 22 August 2008. The ...

  • News

    Clearing up confiscations & protecting the public

    2008-09-04T00:00:00Z

    The House of Lords and Court of Appeal have recently handed down important judgments on the issue of confiscation. In R v May [2008] UKHL 28, Jennings v CPS [2008] UKHL 29, and R v Green [2008] UKHL 30, the House carried out a basic analysis of the law and ...

  • News

    Personal injury

    2008-09-04T00:00:00Z

    Football – Future loss – Loss of chance – Loss of earnings – Sportspersons – Wages Benjamin Collett v (1) Gary Smith (2) Middlesbrough Football and Athletics Company (1986) Ltd: QBD (Manchester) (Mrs Justice Swift): 11 August 2008 ...

  • News

    Intellectual property

    2008-09-04T00:00:00Z

    Contracts – Artistic works – Copyright – Film industry – Foreign copyright protection (1) Lucasfilm Ltd (2) Star Wars Productions Ltd (3) Lucasfilm Entertainment Co Ltd v (1) Andrew Ainsworth (2) Shepperton Design Studios Ltd (2008): Ch D (Mr ...

  • News

    Arbitration

    2008-09-04T00:00:00Z

    Agreements – France – International Chamber of Commerce – Non-parties – Pakistan – Seat of arbitration Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan: QBD (Comm) (Mr Justice Aikens): 1 August 2008 ...

  • News

    Mental health

    2008-09-04T00:00:00Z

    Bias – Detention – Hearings – High-security psychiatric hospitals – Mental health review tribunals R (on the application Brown) v South Region Mental Health Review Tribunal: QBD (Admin) (Mrs Justice Dobbs): 13 August 2008 ...

  • News

    Human rights

    2008-09-04T00:00:00Z

    Conditions – Control orders – Freedom of thought, conscience and religion – Deprivation of liberty Secretary of State for the Home Department v AP: QBD (Admin) (Mr Justice Keith): 12 August 2008 The court was required to determine ...

  • News

    Plan of action

    2008-08-21T00:00:00Z

    An assessment of Whitehall’s latest attempt to reform planning law, which features a controversial ‘one-stop-shop’ consent regime After several years wrestling with the question of developing a suitable regime to speed up the delivery of major infrastructure, the government has finally brought forward its proposals ...

  • News

    Plaques, suicides & dangerous doors

    2008-08-21T00:00:00Z

    It is often said that there is ‘no law’ in personal injury work. But in the space of nine months the law Lords have delivered four judgments of profound importance. I have previously dealt with their important limitation decision in A v Hoare [2008] UKHL 6. In this article, I ...

  • News

    Costs

    2008-08-21T00:00:00Z

    Legal profession – Instructions – Retainers – Solicitor and client costs Richard Buxton (solicitors) v Huw Llewelyn Paul Mills-Owens: QBD (Mr Justice Mackay, Master Simons, Martin Cockx, sitting as an assessor): 28 July 2008 ...

  • News

    Landlord and tenant

    2008-08-21T00:00:00Z

    Human rights – Local government – Caravan sites – Gypsies – Possession claims – Travellers William Doherty & Ors (appellant) v Birmingham City Council (respondent) & Secretary of State for Communities & Local Government (intervener): HL (Lords Hope ...

  • News

    Tax

    2008-08-21T00:00:00Z

    Capital allowances – Corporation tax – Industrial buildings allowance - Warehouse Revenue & Customs Commissioners v Maco Door & Window Hardware (UK) Ltd: HL (Lords Hoffmann, Scott of Foscote, Walker of Gestingthorpe, Mance, Neuberger of Abbotsbury): 30 July 2008 ...

  • News

    Arbitration

    2008-08-21T00:00:00Z

    Conflict of laws – International law – Attachment orders – Expropriation – Freezing injunctions E.T.I. Euro Telecom International NV v (1) Bolivia (2) Empresa Nacional De Telecomunicaciones Entel SA CA: (Civ Div) (Lords Justice Tuckey, Lawrence Collins, Stanley ...

  • News

    Mosley’s win: a slightly larger private world

    2008-08-07T00:00:00Z

    The implementation of the Human Rights Act 1998 incorporated into UK law article 8, guaranteeing the right to respect for private and family life, and its arch rival article 10, ­protecting the right to freedom of expression. Max Mosley’s hotly ­contested privacy action was the battlefield for the latest high-profile ...

  • News

    Criminal

    2008-08-07T00:00:00Z

    Sentencing – Causing explosions – Recusal – Sentence length – Terrorism R v (1) Omar Khyam (2) Salahuddin Amin (3) Jawed Akbar (4) Anthony Garcia (5) Waheed Mahmood: CA (Crim Div) (Sir Igor Judge (president QB), Mr Justice ...