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International Edition

Commercial and Chancery Bar: To the manor bought

As a result of the conversion of copyhold into freehold in 1926, manorial courts were no longer needed for the transfer of title and manors ceased to be of any practical significance. However, the title 'Lord of the Manor' was not abolished. Neither were most of the property rights vested in Lords of the Manor. In the latter part of the 20th century, pandering to the vanity of those people who were not content to be a plain 'Mr' or 'Mrs', lordships were put up for auction. Those selling the titles did not always exclude the property rights which pass as parcel of the lordship. This gave rise to a new breed of businessman who buys ancient titles at auction and then seeks to exploit commercially the property rights that come with the title.
6 minute read

International Edition

Commercial and Chancery Bar: Big brother, big bother?

On 15 July this year, the Information Commissioner, Richard Thomas, published his annual report. At the launch of the report he commented on the Government's proposed Communications Data Bill. Referring to media suggestions that the Bill would make provision for a massive government database holding details of everyone's telephone and internet communications, he stated that any such proposal would be "a step too far for the British way of life".
7 minute read

International Edition

Commercial and Chancery Bar: Counsel of choice

"We start with the proposition that it is desirable that a litigant should be free to instruct the lawyer of his choice." So begins the discussion section of the judgment of the Court of Appeal (Lord Chief Justice, Lord Phillips of Worth Matravers, Lord Justices Jacob and Lloyd) in British Sky Broadcasting Group and another v Virgin Media Communications and others [2008] . A more detailed statement of this proposition is the 'powerful dictum' (as it was described by the Court of Appeal in Sarwar v Allam [2002]) of Mr Justice Neuberger in Maltez v Lewis [2000]: "It has always been a fundamental right of every citizen to be represented by advocate and/or solicitors of his or her choice. That right is not of course absolute; circumstances may cut it down.
6 minute read

International Edition

Commercial and Chancery Bar: In reasonable care

The recent Court of Appeal judgment that absolved parents giving a children's party from responsibility for serious injuries suffered by an 11-year-old boy playing on a bouncy castle they had hired was a victory for common sense. Describing the accident as "freak and tragic", the Court of Appeal held that the parents' conduct in relation to the boy was of a level that a reasonably careful parent was bound to show for a child of the claimant's age.The case was an appeal from the High Court judgment Harris v Perry [2008] made on 8 May, 2008, in which Mr Justice David Steel found Mr and Mrs Perry in breach of their duty of care to Sam Harris.
7 minute read

International Edition

Gambling: Casinos in court

The Gambling Act 2005 has introduced a completely new regime for the regulation of gambling, including casino gaming. The new Act also restricts the numbers of new casino licences, at least initially, to eight small, eight large and one 'super' or regional casino. The proposal for the introduction of a super casino and the choice of Manchester as its location has, as is well known, proved so controversial that it has been shelved, at any rate for the time being.
5 minute read

Legal Week

Lords back decision to drop BAE-Saudi inquest

The House of Lords has ruled that the Serious Fraud Office (SFO) was right to drop its investigation into BAE Systems' Saudi arms deal. In a judgment this morning the Lords backed the SFO's appeal against April's High Court ruling that said the SFO was acting unlawfully when it dropped investigations into alleged bribery and corruption involving BAE and its £43bn Al-Yamamah arms contract with Saudi Arabia.
5 minute read

International Edition

Lords back decision to drop BAE-Saudi inquest

The House of Lords has ruled that the Serious Fraud Office (SFO) was right to drop its investigation into BAE Systems' Saudi arms deal. In a judgment this morning the Lords backed the SFO's appeal against April's High Court ruling that said the SFO was acting unlawfully when it dropped investigations into alleged bribery and corruption involving BAE and its £43bn Al-Yamamah arms contract with Saudi Arabia.
2 minute read

International Edition

Bar Council of Ireland votes in Collins as chair

Monckton Chambers door tenant Michael Collins has been elected as chairman of the Bar Council of Ireland. Collins stepped up to his new role earlier this month (18 July) after serving as vice-chair for the past year. He was elected to his new position as chair with the largest vote in the history of the Council.
2 minute read

International Edition

Mosely wins £60k damages in NOTW privacy case

Max Mosley has won his privacy case against News Group Newspapers in a judgement handed down in the High Court this morning (24 July). The judgment, delivered by Mr Justice Eady, ruled in favour of FIA president Max Mosley, who sued the publishers of News of the World over an article by Neville Thurlbeck in March with the headline 'F1 BOSS HAS SICK NAZI ORGY WITH 5 HOOKERS'.
2 minute read

Legal Week

QC sues publisher in reference book dispute

Wilberforce Chambers' David Phillips QC is set for a £300,000 battle with Reed Elsevier, after the publishers allegedly reneged on an agreement to provide him with a lifetime's free access to a reference book. Phillips, who has particular experience acting in relation to football disputes, is suing the UK division of the publisher, trading as LexisNexis Butterworths, for £316,730 including interest and costs.
2 minute read

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