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Civil Litigation Updates

Campaigner Triumphs in Police Database Test Case

Published on: 14 March 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

An 88-year-old political campaigner has won a landmark Court of Appeal ruling that the retention on a police database of details concerning his attendance at various protests amounted to a violation of his human right to respect for privacy.

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Child Heart Surgery Reforms Derailed by Court Ruling

Published on: 07 March 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Child Heart Surgery Reforms Derailed by Court Ruling

In a decision of enormous significance to the NHS, the High Court has ruled that a decision to concentrate child heart surgery services on seven regional centres was fundamentally flawed. The court’s decision puts the whole future of paediatric heart surgery in Britain back up in the air but represents a triumph for campaigners who have fought to keep a specialist team at Leeds General Infirmary.

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College Rightly Stripped of Overseas Students Licence

Published on: 03 March 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

College Rightly Stripped of Overseas Students Licence

A college teaching accountancy and management skills which was stripped of its licence to sponsor overseas students entering the United Kingdom after investigations revealed a number of ‘deficiencies’ in its record-keeping and other practices has failed to convince the High Court that it was unfairly treated.

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Big Money Divorce Case Settles for £15 million.

Published on: 27 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

One of the highest-profile divorce cases in recent years has settled, after more that four years of wrangling.

The case is noteworthy not only for the massive sums involved (the eventual out-of-court settlement was valued at £15 million), but also for the unconventional means by which the ex-wife tried to obtain evidence of her husband's true worth – copying computer records from his office computer without him knowing about it.

 

 

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Council Must Pay £105,000 for Semi-Derelict Home

Published on: 19 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Council Must Pay £105,000 for Semi-Derelict Home

The freehold owner of a semi-derelict property that was compulsorily acquired by a local authority has been awarded £105,000 compensation. Rejecting Leicester City Council’s plea that compensation should be assessed at in the region of £91,000, the Upper Tribunal ruled that it was legitimate to take into account the property’s subsequent re-sale at auction for £120,000.

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Everything is Lawful that is not Unlawful

Published on: 17 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Everything is Lawful that is not Unlawful

A boat dweller has triumphed in an epic fight to moor his vessels on a stretch of the Grand Union Canal after the Court of Appeal emphasised that ‘it's a free country’ and that everyone can do whatever they like - so long as they do not act unlawfully.

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Partner Not Liable for Colleague’s £2.5 Million Fraud

Published on: 14 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Partner Not Liable for Colleague’s £2.5 Million Fraud

A partner in a professional firm whose colleague engaged in a £2.5 million mortgage fraud was not liable for his misdeeds. A mortgage lender’s arguments that, on a correct interpretation of the Partnership Act 1890Partnership Act 1890, the woman could be affixed with responsibility for its losses were rejected by the Court of Appeal.

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Firm Could not Use Client Account to Settle its Fees

Published on: 12 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Firm Could not Use Client Account to Settle its Fees

A professional firm which was notified prior to receipt of funds into its client account that beneficial entitlement to the monies had been assigned to a third party was not entitled to retain and use those funds in settlement of its fees.

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Government Victorious in Waste Recycling Dispute

Published on: 10 March 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Government Victorious in Waste Recycling Dispute

A group of waste recycling companies have failed to convince the High Court that a European Union directive requiring the separate collection of paper, metal, plastic and glass has been inaccurately transposed into United Kingdom (UK) regulations which leave detailed decisions on waste collection in the hands of local authorities.

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Football Club Triumphs in Match Day Policing Costs Row

Published on: 07 March 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Football Club Triumphs in Match Day Policing Costs Row

In upholding a ruling which will require police forces across the country to pick up the enormous costs of match day policing around football grounds, the Court of Appeal has emphasised that it is for the police, not private citizens or organisations, to enforce law and order.

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Litigants Beware: Don’t Sit on Your Hands

Published on: 03 March 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a stark warning to litigants that they can forfeit their legal rights through inactivity, judgment for substantial damages and costs has been entered against a defendant in a patent infringement action which failed to meet a document filing deadline.

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Housing Benefit Inflation Cap Upheld

Published on: 21 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Housing Benefit Inflation Cap Upheld

The High Court has upheld the government’s controversial policy to pin housing benefit increases to the level of general inflation. In dismissing a judicial review challenge brought by a poverty relief charity, the court rejected arguments that Secretary of State for Work and Pensions had exceeded his statutory powers and that the changes to the benefit system fell foul of the Equality Act 2010Equality Act 2010.

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4 Years of Wrangling Dissipates Estate

Published on: 19 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

The fictional protagonists in Charles Dickens' Bleak House took generations to waste their inheritance on interminable court proceedings but it took a real family just four years to do the same. In a ruling which underlines the wisdom of compromise, the Court of Appeal has lamented the dissipation of a pensioner’s entire estate in a dispute between her three children as to the validity of her will.

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Google Fends Off Blogging Site Defamation Claim

Published on: 17 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a ruling with important implications for the future policing of the internet, the Court of Appeal has decided that there are circumstances in which Google Inc. could be successfully sued for defamation in respect of libellous statements posted by members of the public on its popular blogging site.

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Opera Singer Attacks ‘Usurious’ Contract

Published on: 14 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

An opera singer who claims that her father reached a ‘usurious’ agreement  on her behalf, when she was a minor, to pay a businessman a substantial part of her future earnings in return for a financial contribution to her musical training has fought off an application to have her committed to prison for alleged contempt of court.

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‘Travelling Showpeople’ Planning Ruling

Published on: 04 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

A lack of precision in the drafting of a planning permission gave rise to a High Court dispute as to whether occupation of a plot of redundant agricultural land was open to travellers and gypsies in general or restricted to ‘travelling showpeople’.

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