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THIS ISSUE
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Issue: Vol 159, Issue 7388

08 October 2009
IN THIS ISSUE

The Heyday litigation ended with the publication of the High Court’s judgment last month. After various name changes it now goes by the title R (on the application of Age UK) v Secretary of State for Business, Innovation & Skills [2009] EWHC 2336 (Admin), [2009] All ER (D) 141(Sep).

MP3 players are owned and trusted by the great and good. However, there have been problems reported with the batteries that Apple uses in its iPods. In August, Sky News reported that the European Commission consumer safety watchdog was conducting an investigation as a result of these problems.

David Burrows asks, is the tribunal system human rights compliant?

The decision in Amnesty International v Ahmed is a treasure trove of law on the meaning of direct discrimination, with subsidiary points on constructive dismissal and the relationship between these two areas. It is a lengthy judgment which merits being read in full by anyone practising in this area. As the guidance is from the EAT president, it is likely to be taken to heart by tribunals.

Ed Mitchell provides an update on flawed decision making & the protection of vulnerable adults

Paul Bugden examines the various ways in which a claimant can recover in damages sums payable to third parties

UK authorities match words with action in latest bribery enforcements say Alex Rene & Sarah Thomas

The 50th update to the Civil Procedure Rules 1998 came into force on 1 October 2009. Here’s the best of it.

Do English courts have too much power in arbitration proceedings? asks Khawar Qureshi QC

Charles Brasted & Julia Marlow review protective costs orders in judicial review

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Results
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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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