News – Page 302
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Personal injury
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 ...
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Intellectual property
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 ...
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Arbitration
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 ...
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Mental health
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 ...
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Human rights
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 ...
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Plan of action
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 ...
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Plaques, suicides & dangerous doors
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 ...
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Landlord and tenant
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 ...
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Arbitration
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 ...
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Mosley’s win: a slightly larger private world
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 ...
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Employment
Automatically unfair dismissal – Completion – Delay - Disability discrimination - Completion of statutory procedure M Selvarajan v S Wilmot & Ors: CA (Civ Div) (Lords Justice Mummery, Wilson, Stanley Burnton): 23 July 2008 ...
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Family law
Allocation of jurisdiction – Consent - Habitual residence - Parental responsibility Mark Ian Bush v Neena Bush: CA (Civ Div) (Lords Justice Thorpe, Lawrence Collins, Rimer): 24 July 2008 ...
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Sentencing
Human rights – Penology and Criminology – Inhuman or degrading treatment or punishment – Life imprisonment R v David Francis Bieber (AKA Coleman): CA (Crim Div) (Lord Chief Justice Lord Phillips of Worth Matravers, Mr Justice Pitchford, Mrs Justice ...
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Security for costs
The recovery, or not, of pre-action costs in an application for security for costs just got a little easier to work out, say Chris Warren-Smith and Ian Pegram In adding up the costs incurred ...
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Comparative advertising - the ECJ fizzes it up
In a ruling that could have a noticeable impact on advertising in the UK and across Europe, the European Court of Justice (ECJ) last month ruled that businesses can use the distinctive trademarks of their competitors when comparing their goods and services.
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Media and entertainment
Administration of justice – Broadcasting – Contempt of court – Fines – Sub judice Attorney general v ITV Central Ltd (2008): DC (Lord Justice Pill, Mr Justice King): 15 July 2008 ...
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Immigration
Human rights – Asylum seekers – Proportionality - Remittal TG (Central African Republic) v Secretary of State for the Home Department (2008): CA (Civ Div) (Lords Justice Buxton, Keene):15 July 2008 ...