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....................................................................................................................................ContentsAnnual Review 2005Table of casesAbbreviationsAdministrative Law Protective costs orders in public Law Public law damages and human rights Compatibility of statutes and proportionality of decision Jurisdiction of the Law SocietyArbitration Overview Lesotho Highlands in the House of Lords : the ethos of the Arbitration Act 1996 Section 69 and non – interventionism Rights of resource in investment treaty arbitration Enforcement of ICSID awards and immunity A distinction without a difference – anti – suit injunctions and transfer of the arbitration clause Enforcement of foreign awards under the New York Convention ( Part III of the Act) Powers of the court under s 44 (3) of the Act – Hiscox v Dickson disapproved Section 72 and kompetenz kompetenzCommercial Law Agency Bailment Banking Competition Insurance and reinsurance Intellectual property SecurityCompany Law Director’s duties Alterations of articles Company charges Reductions of capital Debt subordination InsolvencyConflict of Laws Jurisdiction – Brussels I Regulation / Brussels Convention Common law jurisdiction Anti – suit injunctions Domicile and habitual residence Arbitration Choice of law – contract Choice of law – tort and unjust enrichmentConsumer Law Consumer credit and the scope of connected lender liability Pawn broking agreements Distance contractContempt of Court Divulging the confidence of the jury room Postponing the publication of proceedings Publicity and mental health review tribunals Press access to witness statements Arbitration proceedings Appeals in case of contempt of courtContract Terms Construction Fraud Misrepresentation Fiduciaries Agency Damages Contribution InjunctionCriminal Law Introduction R v Barness : sport. Consent and the criminal law R v Hasan : duress and the voluntary joining of criminal associations Re Holmes : money transfer by deceptionCriminal Procedure and Sentencing Criminal Procedure Appeal Compensation Indecent assault Jury Magistrate Jurisdiction Trial Sentencing Confiscation order Mandatory life sentence Plea Restraint orderEmployment Law Sex discrimination and the burden of proof Equal Pay – comparator from a different employer? Maternity pay and backdated pay rises TUPE and post-transfer changes Constructive unfair dismissal and the last straw doctrine Unfair dismissal compensation Procedure and human rights Procedure – electronic documentsEuropean Union Law Direct effect Remedies Free movement of goods Free movement of service Free movement of capital Citizenship Social policyEvidence The presumption of innocence Confession evidence Vulnerable training Proceeds of crime ExtraditionFamily Law The right to marry Forced marriages School uniforms and children’s rights Child support and children’s rights Child abduction and child welfare Disputes over medical treatment Parents’ right and corporal punishment Paternity in cases of assisted conception Ancillary relief and the short marriageLand Law and Trusts Village greens Adverse possession and human rights Easement Restrictive covenants The rights of the mortgagee The rule in Re Hasting – Bass Bribes and fiduciaries The vendor as trustee Fiduciary duties Charities MiscellaneousLandlord and Tenant Construction of s 141 (2) of the Law of Property Act 1925 Recovery of possession from a tenant under an assured tenancy Leasehold enfranchisement Right to buy Right to acquire reversion under the Landlord and Tenant Act, 1987 Homelessness – priority need Protection from Eviction Act 1977 Without notice order for possession and anti-social behaviour injunctions under the Housing Act 1966Medical Law Causation Consent to medical treatment Professional conduct issues Clinical negligence Mental health Human genetics and the lawPractice and Procedure Service Fair trial Public access to court materials Legal professional privilege Proceedings by video link Interim injunction to restrain publication of defamatory material Freezing injunctions Appeal CostsPrisonsRestitution Introduction Consent Unjust EnrichmentShipping Law Limitation funds and jurisdiction Who is responsible for cargo? Demurrage and strikes Repudiation of charter parties Specific performance of charterparties Towage and contributory negligence Sue and labour Straight bills of lading and the Hague/Visby RulesSolicitors The solicitor/client relationship Financial services Money laundering Negligence Privilege Lien Fees and costs Registered foreign lawyers Intervention Disciplinary matters Sport and the Law Introduction Criminal Civil ConclusionStatue LawSuccession ‘To be or not to be’ Capacity and knowledge and approval Domicile Distribution of the estate Limitation, laches and estoppel Taxation Settlement : spouses, business and share holdings Other avoidance EC law Human rights Employment Schedule D Case I : ITTOIA Part 2 trading profits Capital allowances Capital gains Trusts and CGT International Inheritance tax Procedure an administration and miscellaneous Tailpieces : the judicial role in constructionTort Negligence Causation Libel and slander Damages Vicarious liabilityTown and Country Planning Permitted development and mobile telephone masts............................................................................................................................................Annual Review 2006Table of casesAbbreviationsAdministrative Law Strasbourg jurisprudence and the doctrine of precedent Public law,private law, and immigration Vexatious litigants and the Convention rights of access to the courts Right to life guaranteed by the Convention, subject to appropriate public investigations The Lands Tribunal, leasehold valuation tribunals, and judicial review Arbitration Overview A ‘most unusual arbitration’ : Weissfisch v Julius Scope of arbitration clauses and separability Interrelationship between the Act and the arbitration agreement, and s 68(2)(g) of the Act. Svenska in the Court of Appeal and enforcement of foreign awards Arbitration and the Human Rights ActCommercial Law Bailment Banking Carriage Competition Guarantees Insurance Intellectual property Sale of goodsCompany Law Corporate personality The imposition of a fiduciary relationship Alterations of articles Dividend payments Schemes of arrangement InsolvencyConflict of Law Jurisdiction Common law jurisdiction Recognition and enforcement of foreign judgments – Brussels I Regulation/Brussels Convention Freezing Orders (Mareva injunctions) Procedure – security for costs Domicile and habitual residence Arbitration Territorial application of English statutes Choice of law – tort Public policy and sovereign immunity Insolvency MarriageConsumer Law Consumer credit and the scope of connected lender liability Motor vehicles and hire purchase Cancellation notices Product lliability Contracts negotiated away from business premisesContempt of Court In camera hearings Granting anonymity to witnessesContract Implied contract Formalities Breach of condition Misrepresentation and non-disclosure Duress Construction Frustration Assignment Remedies – damages Remedies – injunctions LimitationCriminal LawCriminal Procedure and Sentencing Criminal Procedure Bail Criminal Procedure Rules Harassment Magistrates Practice Serious Fraud Office Trial Sentencing Custodial sentence Detention and training order Mandatory life sentence Release on license Sexual offences prevention orderEmployment Law European Union Law ExtraditionFamily Law Land Law and TrustsLandlord and TenantMedical LawPractice and ProcedurePrisonsRestitutionShipping LawSolicitorsStatue LawSuccessionTaxationTort............................................................................................................................................Annual Review 2007Table of casesAbbreviationsAdministrative law Human rights I - jurisdiction Misleading cases in human rights Rights, territory and jurisdiction Human rights and inquestsHuman rights II - public nature of functions Railway maintenance disaster Privateley owned care homesHuman rights III - liberty of the subject Misfeasance in a public office Is partial losss of liberty 'damage'? 'Imminent' breach of the peaceHuman rights IV - immigration and asylum Respect for private and family life Destitution and insensitivity Persecution and barbarityArbitration Overview Separability under the 1996 Act Section 9 and the negative effect of kompetenz - kompetenz Anti - suit injunctions and anti - arbitration injunctions The territorial nature of arbitration Case of Practical importanceCommercial Law Agency Banking Carriage of goods by land Financial service Insurance After the event insurance Credit insurance Liability insurance Motor insurance Property insurance Reinsurance Competition RegulationIntellectual Property Copy right PatentsSafe of goodsCompany Law Shareholders' remedies Alterations of articles Director's duties Corporate opportunities Shadow directors an de facto directors Duty to disclose Schemes of arrangement Transactions defrauding creditors InsolvencyConflict Law Jurisdiction Brussels 1 Regulation Common law jurisdiction Lis alibi pendens Recognition and enforcement of judgements 89 Brussels 1 Regulation Common Law Restraint of foreign proceedings - anti-suit injunctions Arbitration Anti - suit injunctions Validity Matrimonial relief Lugano Convention European Union Choice of law - propertyConsumer Law Consumer credit and secret commissions Rejection of non -conforming goods PostscriptContempt of Court Staying proceedings and media publicity Publishing information relating to childrenContract Agreement Contents Formalities Mistake Misrepresentation / duress Illegality Infants Privity Agency Assignment Performance and breach Damages InterestCriminal Law Introduction R v Bree : the relevance of the complainant's intoxication to the issue of consent in rape Consent and the Sexual Offences Act 2003 R v Heard : voluntary intoxiation as a defence to sexual assault within s 3 of the Sexual of Offences Act 2003 Voluntary Intoxication as a defence R v Kennedy : drug administration and the causation element of unlawful act manslaughter Causation and autonomous acts R v Rahman : joint unlawful enterprise and appropriate jury directions on group engagement for murder Realisation and foresight as mens rea for murderCriminal Procedure and Sentencing Criminal Procedure Appeal Appeal by Crown Fresh evidence Autrefois acquit Compensation Crown Court Supervisory jurisdiction Magistrate Anti-social behaviour order Information Procedure SummonsTrial Preparatory hearing Stay of proceedings Youth court Sentencing Appeal Confiscation order Custodial order Detention Life imprisonment Mandatory life sentence Road traffic Young personEmployment Law Fixed term contracts Wages during the notice period - half an answer Constructive dismissal - remedy and substance Hard bargaining or victimisation ? Equal pay and length of service criteria An EC law meaning for disability TUPE and post - transfer variations Common law claims in tribunals When a tribunal application is 'Sent' Striking out and whistle - blowing cases Stress claims considered againEuropean Union Law Introduction Constitutional aspects Legal basis Fundamental rights Democracy Remedies State liability and beyond Freezing of terrorists' assets Free movement of persons Scope of application The restriction / obstacle approach The taxation cases Specific issues concerning free movement of services Derogations Social policy Discrimination law Equal Pay Health and safety ConclusionExtradition Category 1 territories Category 2 territories Special arrangementFamily Law Financial orders on divorce Deceit over paternity Publicity and children Paternity and DNA tests Child abduction Emergency protection orders Care plans and care orders Significant harm Special guardianshi[Land Law and Trusts A shared home; the House of Lords speaks. Stack v Dowden The right to light Easements : Prescription and permission Easements : extinguishment Charitable trusts and race discriminationLand Lord and Tenant Rent review clauses Landlord and Tenant Act 1985 Housing Act 1985 - succession to secure tenancy Housing Act 1985 - tenant's right to byuy Landlord and Tenant Act 1987 Leasehold Reform, Housing and Urban Development Act 1993 Landlord and Tenant (Conenants) Act 1995 Housing Act 1996Medical Law Introduction Professional regulation and employment matters Medical confientiality Mental health law The legal status of care homesPractice and Procedure Service out of the jurisdiction Bias Unless orders Consent orders and contracts Setting aside a default jugement for injuction Freezing orders Limitations on use of information disclosed in aid of a freezing order Disclosure of information obtained in the course of an FSA investigation Without prejudice Setting aside default jugement where the defendant did not receive the claim form Adding and substituting parties Experts Appeal Offers to settle Costs Conditional fee agreements The Sanction for delaying detailed assessment proceedings Disallowing costs for bad conduct Cost capping orders LimitationPrisons Restitutions Introduction Unjust enrichment Enrichment Unjust Defences Rights arising WrongsShipping Law Frustration of a charterparty Safe port 'Signing subject' Off - hire Laycan an demurrage Golden Strit in the House of Lords Hadley v Baxendale and redelivery in time characters Arbitration clauses and rescissionSolicitors Conduct issues Retainer Negligence Service of Process Fees and costs Interventions Disciplinary mattersStatute LawSuccession The public policy rule : exclusion from benefit Family provision : adult daughter Family provision : net estate Mutual wills Probate action : interest in the estate Conflict of lawsTaxation Introduction Income Tax : Settlement and spouses EU law Competence Dividends Outbond dividends Inbound dividends Freedom of establishment Free movement of capital Pension schemes (all articles) Remedies State aid Human rights law and inheritance tax Inheritance tax spouse exemption Employment matters Pensions Business matters Capital allowances Capital gains Reorganisation De - grouping charge Unit trusts Reliefs Enterprise investment relief Interest and avoidance Accured income scheme International double tax treaty discrimination MiscellaneousTort Neglignece Misfeasance in public office The economic torts Conversion Libel and slander DamagesTown and Country Planning Environment Impact Assessments Tree Preservation orders - exemptions...........................................................................................................................................Annual Review 2008Table of casesAbbreviationsAdministrative law The consequences of Ombudsman The Parliamentary Commissioner for Administration Maladministration and the Pensions Act 1995 Are the findings of the Ombudsman 'binding'? The decision of the Court of Appeal Legality of the ban on hunting The European prespective An overviewArbitration Introduction Anti - suit injunctions Enforcement issues Issue 1 (a) Issue I (b) Issue 1 (c) Issue 2 Issue 3 Issue 4 Issue 5DisclosureInsolvency'Lawsuits pending''Current contract'Commercial Law Agency Banking Carriage Air Road Competition Insurance Regulation Construction insurance Liability insurance Motor insurance Property insurance ReinsuranceIntellectual property Copyright and design Patents Franchising The TRIPS Agreement Security Supply of goods and servicesCompany Law Shareholders' remedies Company contracts Directors' duties Attribution Insolvency Cross - border insolvenciesConflict Laws Jurisdiction - traditional rules Brussels I Regulation Article 2 Article 5 Article 6 Article 23 Article 27 Article 28 Freezing orders (Mareva injunctions) Restraining orders (anti - suit injunctions) Tort - applicable law Trusts - applicable law Property - applicable law Insolvency Marriage ChildrenConsumer Law Consumer credit and the scope of connected lender liability Unfair contract terms Holidays abroad Product liability and limitation Comparative advertisingContempt of Court Open justice Family proceedings Appeals and s 12 of the contempt of Court Act 1981Contract Inchoate contracts Offer and acceptance Consideration Guarantees and indemnities Implied terms Construction Unfair terms Equitable mistake Misrepresentation Privity of contract Assignment Frustration Damages Penalties DepositsCriminal Law Introduction R v Wood : alcohol dependency syndrome and the ambit of diminished responsibilty Abnormality of mind Alcohol dependency syndrome R v Hamilton : the common law offence of outraging public decency The ambit of outraging public decency R v Rahman : joint unlawful enterprise and foresight of intention required for accessory liability Foreseeability as to the principal offender's state of mind and actions The applicability of the fundamentally different ruleCriminal Procedure and Sentencing Criminal Procedure Appeal Appeal by Crown Reference by Criminal Cases Review Commission Arrest Compensation Crown Court Jurisdiction Supervisory jurisdiction Confisction order Magistrates Money Laundering Appropriate consent Restraint order Civil recovery of proceeds Terrorism Arrest Control Orders Trial Alternative veridicts Counsel Jury Submission of no case Summing up Witness Sentencing Causing death of a child Community order Compensation Confiscation order Benefit Satisfaction of orders Court of Appeal Custodial sentence Dangerous offenders Fine Reduction TerrorismEmployment Law TUPE and post - transfer variations Sex discrimination and the meaning of 'pregnant' Racial discrimination and political parties Age discrimination and the mandatory retirement age Race discrimination and the burdne of proof Health and safety and the burden of proof Health and safety - strictness of dutyEuropean Union Law Introduction Competence Human rights and general principles of law Enforcement of Community law in the national courts Remedies before the European Court of Justice Free movement of goods Free movement of persons Free movement of workers Social advantages Social Security Regulation 1408/71 Free movement of services Citizenship of the Union Freedom to exit Reshaping the orthodoxy Social Policy Free movement v social policy Equal treatment ConclusionEvidence Hearsy evidence - the 'Safety - valve' Adverse inferences, s 35 and the voir dire Defence evidence - two bites of the cherry ? Look who's talking : the use of anonymous witnesses Standard of proof - some old friends revisited Reverse burden of proof - again Burden of proof and the rule in Hollington v Hewthorn Spousal compellability and hearsay evidence Identification by voiceExtradition Category 1 territories : general principles Speed and certainty : timetables Category 2 : technical issues Double criminality United States - bars to extradition Concluding pointsFamily Law Sexual abuse of children and the standard of proof Parental responsibility and jont residence Removal from the jurisdiction The welfare principle Void marriages and the statues of children Marriage by telephone Financial orders on divorce Pre-nuptial agreements Couples and the LawHuman Rights Introduction Application Jurisdiction Assembly Asylum Current situation Discrimination Imposition of penalities In - country appeals Internal relocation Removal to another country Discrimination Children Status Double jeopardy Civil Proceedings Expression Adult material Disclosure of sources Political advertising Fair hearing Acess to court Adversarial procedure Determination by a Court Impartiality Presumption of innocence Self - incrimination Witnesses Family life Immigration control Protection of children Inhuman and degranding treatment or punishment Life imprisonment Protection against abuse Removal to another country Liberty and security Control orders Imprisonment for public protection Police cordons Release on licence Security Council Resolutions Life Protection war Marriage Immigration control Private and family lie Hunting Immigration control Sexual activity Property Contractual rights Hunting Leases Unincorporated associations Religion School uniform Taxation Remedies Invalid orders could not be amended Retrospective penalities Financial reporting orders Torture Removal to another countryLand Law and Trusts Proprietary estoppel Easements Restrictive convenants : discharge Return of deposits The rule in Re Hastings - Bass Unincorporated associations; charities MiscellaneousLand Law and Trusts Landlord and Tenant Act 1987 Leasehold enfrachisement Secure tenancies HomelessnessMedical Law Introduction Access to high cost drugs Vulnerable people and the rights to life Injuries suffered by vulnerable man in prison Vulnerable people, medical law and housing Clinical neglignece Consent to treatment Appropriate fine for strict liabiltity offence Disclosure of medical records Coroners' cases Professional regulationPractice and Procedure Service Case Management Trial adjournment Disclosure of documents containing commercial secrets Judgement Draft judgement Setting aside judgement Appeal Appeal by a non - party Remitting an issue to the lower court while an appeal was pending and in advance of the hearing of the appeal No jurisdiction to extent time of appeal against extradtion costs Cpsts Security for costs by an impecunious company Effect of costs estimates on solicitor and own client costs Costs orders against non-parties Costs in judicial review proceedings Conditional fee agreements Claimant's CPR Pt 36 offers to settle| The revised CPR Pt 36 Finally of litigation LimitationPrisons Independence of Parole Board Neeed for determination by court Imprisonment for public protection : failure to provide facilities Standard of proof Escape from lawful custodyRestitution Introduction Unjust enrichment Enrichment At the expense of the claimant Unjust Ignorance Mistake Failure of consideration Payment of tax that is not due Secondary liability Defence Change of position Limitation WrongsShipping Law The Humber Way The Achilleas Samsun Logix v Oceantrade The Archimidis Fraud and bureacucracy in China an dthe Hague - Visby Rules The Sabrewing The Northgate - Notice of readiness Cancelling date in a time charterparty Legal fitness The Resolute The AkotrSolicitors Costs Negligence Payment into court Duties of legal representatives Bias Intervention Disciplinary matters
Statute LawSuccession Royal wills : the private and public interest v a royal convention Power of administrator before garant Mental capacity The golden rule Banks v Goodfellow - again Family provision Constructions of the willTaxation Introduction Avoidance and interpretation Capital gains and groups : pre-entry losses Qualifying payment Deep discount securities and practical certainty Interest repo scheme succeeds EU case law Article 18 Pensioners win School fees Deemed domicile (Dutch IHT) and art 56 Capital gains exit charge and art 43 Balanced allocation and losses Article 56 Charities Property tax (ELISA) EC diveidends : art 56(1) Article 56, non-member state (art 57) Double tax treaties Parent / Subsidiary Directive 90/435/EEC Merger Directive 90/434/EEC Other ECJ cases EU law : UK cases Marks & Spencer continued EU law : implementing ECJ judgement - read wihat the House of Lords says CFCs Human rights Widowers lose again Legislative timing causing loss Sisters are not like spouses On the substantive issue Trading income and capital allowances Trading profits : fact and law Capital allowances Capital gains Section 28 Section 37 and 38 Unchanging bonds Comapanies Associated companies and corporation tax rates Company not an individual Capital gains International Domicile Pensions Legitimate expectations not established Compensation for loss of benefit taxable 'Paying a sum' includes transfer of shares Trusts and settlements Deduction of trust expenses Reversing the Commissioners Settlor : person providing funds Inheritance tax Mistake of fact Rectification Enterprise Investment Scheme Shares issued Employment imcome : Personal service companies Procedure Revenue's unattaractive behaviour upheld Actions for declaratory relief Procedure and TMA 1970, s 20 et seq Discovery assessments Penalties Revenue victories TailpieceTort Negligence Trespass to the person Limitation Defamation DamagesTown and Country Planning Planning permission - green belts and metropolitan open land Purchase notices Tree preservation orders Appeals and local plans Restrictive convenants and planning...........................................................................................................................................Annual Review 2009Publishers NoteTable of casesAbbreviationsAdministrative law Injustice at the national level Protecting the public against the individual Control orders Natural justice and the terrorist threat Role of the Grand Chamber in Strasbourg Safeguarding human rights Lady Hale's solution Injustice at the domestic level Care workers : 'listing' without a heraingArbitration Introduction Anti - suit injuctions What had the Spanish court decided? Where the Almeria court judgement whithint the regulation? Was the judge correct to hold that, because the arbitration Proceedings fell outside the regulaton, a regulation Judgment was not binding? Public policy Enforcement issues The nature of the review The application of French law Estoppel Discretion Challenging awards under the Act Section 72 Section 67Commercial Law Agency Bailment Carriage Air Road Competition Guarantees Insurance Conflict of laws Legal expenses Liability insurance Motor insurance Property insurance Reinsurance Intellectual property Copyright Patents Sale of goodsCompany Law| Shareholder's remedies Unfair prejudice petitions Derivative actions Artilces of association Company contracts Directors' duties Attribution InsolvencyConflict Laws Jurisdiction - traditional rules Jurisdiction agreements Copyright Contract Brussels 1 Regulation Arbitration Article 23 Enforcement of judgements (common law) Freezing orders (Mareva injunctions) Restraining orders (anti -suit injunctions) Domicile and residence Contract - applicable law Tort - applicable law Marriage and divorceConsumer Law Unfair Terms in Consumer Contracts Regulations 1999 Consumer hire agreeements Multiple consumer credit agreements Electronic commerce Distance contracts Compensation for flight cancellationContempt of Court Statements of truthContract Inchoate contracts Offer and acceptance Constructions Unfair contract terms Mistake Illegality Agency Frustration Termination and breach Deposits Penalties LachesCriminal Law Introduction R v JTB : abolition of the defence and presumption o fdoli incapax Doli incapax and the age of criminal responsiblity A distinction between stare decisis and judicial law - making as uncharted seas for judicial circumnavigation Statutory construction and the abolition of the defence of doli incapax R (ontheapplicationof Purdy) v DPP : assisted suicide and therighttorespectfor family and private life Article 8 of the convention : acessibitlity and foreseeability Article 7 : certainty and retrospectivity R v Khan : domestic violence and causing or allowing the death of a vulnerable adult Attribution of liabiltiy for the commission of an actus reus The import of s 5 of the Domestic Violence, Crime and Victims Act 2004 Criminal Procedure and Sentencing Criminal Procedure Appeal Auterfois acquit Compensation Miscarriage of justice Riot Conspiracy Costs Crown Court Appeal against anti-social behaviour order Appeal against closure order Magistrate Trial Witnesses Sentencing Burglary Confiscaton order Crown court Drug trafficking Enforcement Proceeds of crime Consecutive sentences Custodial sentences Fraud Hosptial order Mandatory life sentence MurderEmployment Law Employment status of directors and majority shareholders whistleblowing Fixed - term employment - how far does the protection go? Stress claims and Protection from Harassment Act 1997 Tips, cover charges and the national minimum wage Working time, statutory holidays and sickness Disability discrimination and the meaning of 'likely' Disability discrimination time limits - acts or omissions The reach of the law on sexual orientation discrimination Justifying age discrimination Age discrimination and the permitted retirement age Health and safety and burden of proof Health and safety -strictness of dutyEuropean Union Law Introduction Competence Fundamental human rights Free movement of goods Article 34 : free movement of imports Article 35 : free movement of exports Free movement of persons Free movement of workers Worker's rights Student's benefits Freedom of establishment Free movement of services Citizenship The wholly internal rule First point of entry principle The use of personal data Free movement of capital Social policy Competition law ConclusionsEvidence Introduction Competence Fundamental human rights Free movement of goods Article 34 : free movement of imports Artice 35 : free movement of exports Free movement of persons Free movement of workers Worker's rights Students' benefits Freedom of establishment Worker's rights Student's benefits Freedom movement of service Free movement of services Citizenship The wholly internal rule First point of entry principle The use of personal data Free movement of capital Social policy Competition law ConclusionEvidence Introduction Absent witnesses Recent fabrication, previous consistent statments and hearsay under the CJA 2003 Expert evidence Burden proof Extradition Introduction Absent witnesses Recent fabrications, previous consistent statments and hearsay under the CJA 2003 Expert evidence Burden of proofExtradition Speed and certainty : time limits Category 1 territories Accusation and conviction cases Meaning of 'any other warrant' Specialty arrangement Possibility of fresh evidence Category 2 territoriesFamily Law Residence Shared residence Internal relocation and shared residence Adoption Ancillary relief Pre-nuptial agreements Children in need Domestic violence Status of non-marriageHuman Rights Introduction Applcation Precedent Public functions Jurisdiction Investgatory Power Tribunal Non - derogating control orders Solidiers in the Territorial Army Asylum Exclusion of entitlement Risk of removal to third country Discrimination Homelessness Religion Sex Experssion Defamation Fair hearing Access to court Appeal Burden of proof Confiscation orders Disclosure of evidence Hearsay Independent and impartial tribunal Presumption of innocence Right to make representations Self - incrimination Solicitors Disciplinary Tribunal Waiver of heraing Family life Admission decision - making Impact of removal Parental responsibility Home Damages for nuisance Possession order Protected tenancy Inhuman and degrading treatment or punishment Assurance by receiving state Intimidation Irreducible life sentences Liberty and security Detention pending deportation Detention without charge Home detention curfew Hospital orders Police cordons Release on licence Sentences for public protection Life Investigating death Preventing attack Preventing suicide Use of force Private life Assisting suicide Employment bar Immunity for defamation Listing care workers for misconduct Photographing demonstrators Publishing names of potentially violent persons Solicitors Disciplinary Tribunal Surveillance of legal consultations Property Possession Remedy Compensating miscarriage of justiceLand Law and Trusts Proprietary estoppel Town and Village greens Human rights and the termination of licences Possession orders in relation to land not occupied by trespassers Human rights and mortgagees' powers and remedies trespassers Adverse possession Trespass to land by petroleum extraction Recovery of deposits by purchasers of land Occupation rents Leases to minors and the nature of equitable leases 'Dog leg' claims by trust beneficiariesLand Lord and Tenant Liabilty of original tenant after assignment of lease Virtual assignment Stay on order for possession Right to buy Rent restriction Leasehold enfranchisement HomelessnessMedical Law Introduction Assisted suicide Loss of sperm samples Coroners' case Appropriate standard of proof for defence of insanity Guidance on NHS charges for failed asylum seekersPractice and Procedure Rule - making powers The Legal standing of the CPR The Jurisdiction to make practice directions The Power to make rules of practice outside CPA 1997 and the Constitutional Reform Act 2005 Court guides are not 'directions' The inherent judicial jurisdiction to make gap - filling rules The power to deviate from rules and directions in giving case management directions Extra - territorial scope of the Civil Procedure Act 1997, s 1 Interim remedies The undertaking in damages E -disclosure False statement of truth - contempt proceedings Publicity and open justice Costs Conditional fee agreements Costs of and incidental to all proceedins Protective costs orders Limitation Prisions Determinater sentences : implications of ECHR Prerogative of mercy : repatriated prisonersRestitution Introduction Unjust enrichment Enrichment At the expense of the claimant Unjust Mistake Failure of consideration Ultra vires payments by government bodies Rights acquired Defences Change of position Ministerial Report WrongsShipping Law Admialty law Apportionment of liability and costs in collision and analogous cases Charterparties - time Contractual damages for overlap - liquidated damages or penalty Relationship between port nominations and the right to cancel Right to give revised delivery date Owners' obligation to restore the condition of the vessel Chareterparties - voyage Duty of care of cargo and demurrage claim fomalities Letter of indemnity
