Issue Index
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(1) HENRY WEBSTER (2) JOSEPH WEBSTER (BY HIS MOTHER & LITIGATION FRIEND ELIZABETH WEBSTER) (3) ELIZABETH WEBSTER (4) ROGER DURNFORD v RIDGEWAY FOUNDATION SCHOOL GOVERNORS
June 2009
When considering whether there should be disclosure of a document mentioned in witness statements, objections to inspection set out in CPR r.31.3, including disproportionality, could be relied upon.
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Absent minded
June 2009
David Rhodes examines a decision by the Court of Appeal to reject a judgment of the European Court of Human Rights on the admissibility of hearsay evidence
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Accident victims who made fraudulent claim can receive damages
June 2009
A couple who made a fraudulent claim on behalf of the husband’s mother following a road traffic accident are entitled to receive damages for their injuries, the Court of Appeal has ruled.
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An unreasonable demand?
June 2009
Statutory demands, an invaluable method of debt collection in the current climate, can be set aside by application to the court, but this will only be granted under specific circumstances, says Verona Cocks
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Brave new world
June 2009
Shave a bit here today, shave a bit there tomorrow, and watch the savings add up to £25m while defendants are told to use their savings to pay for the cost of their own prosecution.
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Catholic adoption charity cannot discriminate against same-sex couples
June 2009
Faith-based adoption agencies will not be able to exclude gay couples as potential parents following a ruling by the Charity Tribunal.
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Cheap as chips
June 2009
Squidgy chips and rubbery semolina pudding: that's what usually happens when the contract for school dinners is awarded to the lowest bidder. Reverse auctions are bad enough when held for mass catering tenders, so who knows what the result...
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COMPASS GROUP UK & IRELAND LTD (T/A EUREST) v N OKORO
June 2009
The dismissal of an employee for gross misconduct for removing company property without permission was substantively unfair under the Employment Rights Act 1996 s.98(4), as the employer did not consider the employee's claims that she had...
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Council tenant should not have had to pay for flat, Lords rule
June 2009
Housing benefit should be deducted from the purchase price of right to buy council homes where sales are delayed by local authorities, the House of Lords has unanimously ruled.
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DAVID SOUTHALL v GENERAL MEDICAL COUNCIL
June 2009
he Fitness to Practice Panel of the General Medical Council had been entitled to find a consultant paediatrician guilty of serious professional misconduct following his interview of a patient's mother at which he accused her of murdering...
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Double blow for government over terror laws
June 2009
The assets of Muslim extremist Abu Qatada must be unfrozen because he was not given an opportunity to challenge the evidence against him, the ECJ has ruled.
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FINANCIAL SERVICES AUTHORITY v (1) THEDFRED LEMONTE SHEPHERD (2) TREADSTONE CORPORATION LTD (A company incorporated in St Lucia)
June 2009
When exercising its wide discretion under the Financial Services and Markets Act 2000 s.380 and s.382, a court was to balance the interests of the investors concerned against the culpability of the contravener of the Act. It was incumbent...
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For better or for worse
June 2009
Lord Justice Jackson’s preliminary report raises fundamental questions that could give rise to a sea change in the way litigation is funded and managed, potentially to the detriment of defendants, say Rachel Moore and Scott Nightingale
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High Court rules on litigant in person
June 2009
A High Court judge has clarified the rules for determining when a claimant, who has at times received legal aid, should be classified as a litigant in person.
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How times have changed
June 2009
Susan Singleton considers how life as a trainee in the 1980s compares with that of one in today’s troubled climate
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Jailed “solicitor” cannot be struck off
June 2009
A solicitor jailed for his part in one of Britain’s biggest visa scams was automatically removed from the roll on the day of his conviction,
Solicitors Journal has learnt, and so cannot be struck off. -
Larke still ascending
June 2009
Solicitors should be more forthcoming when faced with a ‘
Larke v Nugus ’ letter challenging a will and play their part in the greater drive to avoid litigation, says Mike Parker -
LEILA MOHAMMADI v (1) SHELLPOINT TRUSTEES LTD (2) ANSTON INVESTMENTS LTD
June 2009
During any time when a litigant acted in person they were not a legally assisted party within the meaning of the Legal Aid Act 1988 s.17. That extended to any period after their solicitors had ceased to act for them and had communicated...
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Lindt looses battle in war of the chocolate bunnies
June 2009
An Austrian chocolate manufacturer has fended off a trademark infringement claim by Lindt after arguing that by registering chocolate Easter bunnies wrapped in gold foil the Swiss giant had intended to eliminate competitors.
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Lords committee pushes unusable European contract law “off the table”
June 2009
A House of Lords committee has strongly rejected moves to harmonise contract law in Europe, merely acknowledging that the work carried out by the European Commission will be an aid to mutual understanding of the diverse legal systems in...
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Lords to debate “Purdy amendment”
June 2009
Lord Falconer, the former Lord Chancellor, is to table an amendment in the House of Lords this week to remove the threat of prison from people who travel with victims of terminal illnesses who want to commit suicide in foreign clinics.
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LSC chief meets NHS managers to discuss reverse auctions for contracts
June 2009
Legal Services Commission chief executive Carolyn Regan is to meet senior NHS managers to discuss tendering for contracts by “reverse auction” – auctions where the lowest bidder wins.
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Out of site, out of mind
June 2009
Websites offering user-generated content that behave responsibly in relation to copyright infringement should be safe from court action – at least until there is further development in this area of the law, says Dawn Osborne
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Profession will have to pay for ABS collapses, SRA warns
June 2009
The profession as a whole will have to pay for the collapse of ABS firms if their external owners go under, the SRA has warned.
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SIPP your way through the recession
June 2009
The fall in commercial property prices could be the opportunity for solicitors to buy their firm’s premises through a group self-invested pension plan, says Mike Fosberry
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Taking cover
June 2009
Premiums might go up, or they might not, but either way solicitors would benefit from putting in early and properly presented applications to their indemnity insurance provider and avoid last year’s fiasco. Jean-Yves Gilg reports
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There’s no arguing
June 2009
Mediation is finally being taken as a realistic alternative to litigation but it remains surrounded by misunderstandings, says Matthew Greenberg
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Time to branch out?
June 2009
Despite thoughts to the contrary, for some firms now could be the ideal time to open a new office. Jonathan Stephens presents a case study that demonstrates the potential advantages
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UNITED STATES v S NO
June 2009
An employment tribunal had not erred in finding that the United States of America had breached the Trade Union and Labour Relations (Consolidation) Act 1992 s.188 by failing properly to consult representatives of civilian employees about...
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Update: crime
June 2009
Ian Harris and Christopher Gutteridge review recent decisions on whether the prosecution can rely on hearsay evidence to remand a defendant in custody, claims for the return of property, and costs orders in criminal cases
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Update: local government
June 2009
Justin Bates revisits two cases concerning the Boundary Committee’s actions when it advised on the move towards unitary authorities, and discusses a case clarifying the duty to provide accommodation to children under the Children Act
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US government loses redundancy battle over closure of army base
June 2009
The US government should have consulted civilian staff about the closure of its army base in Hythe, Hampshire, the Employment Appeal Tribunal has held.
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Worlds apart
June 2009
In light of the recent cuts to legal aid in the UK, Roger Smith examines the situation around the globe
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Young people prefer face-to-face advice
June 2009
Vulnerable young people prefer face-to-face advice to phone or internet-based services, a joint report by the Law Centres Federation (LCF) and Youth Access, a network of information, advice and counselling services, has found.
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Your bench needs you
June 2009
All over the place there are notices up in robing rooms that ask us: have you ever thought of a judicial career? They are a bit like those “Your Country Needs You” posters, but without the moustache. For much of our careers the answer to...
