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December 2013 Index January – December 2013 CONTENTS Subject Index 2 UK Statutes 26 Statutory Instruments 28 International Legislation 29 Law Reports 32 Table of Cases 34 Author Index 52 Book and Online Reviews 56 Glossary 56 2 SUBJECT INDEX www.newlawjournal.co.uk | January – December Index 2013 | New Law Journal Numbers in bold refer to issue use of ADR to resolve landlord and how courts deal with question of costs numbers, followed by page numbers tenant disputes (ADR) 7573:21 where an arbitration award is being CAS refers to the who pays the mediator (judicial line) 7557:19 challenged 7554:14–15 Charities Appeals Supplement America jurisdiction of High Court under American Bar Association and external Arbitration Act 1969 (law digest) 7565:29 ownership of law firms (comment) 7588:8 local court is free to impose its own A American Bar Association to permit procedural conditions (law digest) 7583:17 foreign lawyers to practise as in- negative aspect of a London arbitration abuse of process house counsel 7549:182 (law digest) 7565:29 former wife’s claim was abuse of process 7560:4 animals points needed to succeed under s.68 access to justice dangerous dogs and destruction orders Arbitration Act 1996 (law digest) 7581:29 access to justice debate (comment) 7543:7 (law digest) 7588:21 seat of arbitration sufficiently indicated age anti-social behaviour by the country chosen as the place former partner in law firm loses age proposals in new legislation to of arbitration (law digest) 7550:237 discrimination claim 7563:4 introduce statutory injunctions for sensitive approach shown to divorce lasting legacy from fight on age anti-social behaviour 7577:5 following Jewish arbitration (law in discrimination 7568:12–13 questions over proposed new the headlines) 7548:153 McCririck loses age discrimination legislation for anti-social behaviour third party to arbitration agreement claim against broadcaster 7585:4 (speakers’ corner) 7577:9 (law digest) 7557:18 agriculture appeals architects equal treatment under EU common appeal on costs at Employment Appeal removal of architect’s name from agriculture policy (law digest) 7579:19 Tribunal (law digest) 7581:29 register (law report) 7558:16 alcohol bases for appeal in care proceedings 7580:13–14 armed forces some of history’s most infamous and changes to immigration appeal rights battlefield obligations of the Ministry often tragic tipplers (law stories) 7543:22 will result in more judicial reviews 7582:5 of Defence 7571:14 alternative business structure Christians who turned away gay couple families of improperly equipped AA joins legal highway and creates ABS 7583:5 from hotel lose appeal 7586:5 soldiers to be allowed to bring charity ABS 7573:4 dismissal of appeal of prisoners seeking claims for their deaths 7566:5 Direct Line Group have applied to set voting rights 7581:5 human rights of British soldiers 7567:15 up ABS 7569:5 permission to appeal against the immigration of dependent adult fast-track ABS 7553:301 making of a placement order (law children of Gurkhas (law digest) 7546:107 firms join ABS rush 7550:220 digest) 7559:21 offspring of Gurkha veterans win Hacking Ashton closes 7582:4 “plebgate” costs appealed 7574:5 landmark legal challenge 7545:52 interest in ABS conversion is higher procedure of injunction pending assault than expected 7544:29 appeal (law digest) 7579:19 the bottom line (the insider) 7553:326 profile of the latest ABS contender quintet of judges have been appointed asylum (comment) 7549:184 to hear all appeals arising from asylum in disarray 7580:4 alternative dispute resolution Jackson reforms 7562:4 determining claim for asylum or right A–Z of ADR: the sequel (law bites) 7587:30 Supreme Court able to conduct a to remain in the UK (law digest) 7555:18 ADR for tax and VAT disputes 7574:5 closed material procedure on appeals 7566:18 ADR in property disputes is a new way Arab Spring to solve an old problem 7581:20 review of the Arab Spring as it B arguments on capitalisation of enters its third year (law in the maintenance are better settled by headlines) 7544:31–32 banking and finance dispute resolution 7584:11–12 arbitration authorities such as FSA not obliged to failure to reply to invitation to mediate counsel bring arbitration in-house 7556:4 give undertakings in respect of losses may result in costs sanctions 7582:5 court allows divorce following Jewish incurred by third parties (law report) 7551:267 how mediation can provide a remedy arbitration 7547:117 bank fined for failing to handle payment for litigation horror stories dealing with MIB under Untraced protection insurance complaints fairly 7543:5 (mediation/ADR) 7566:19–20 Drivers Agreement 2003 much banks await fate of LIBOR 7580:5 how to unsettle a mediation (law clearer after recent arbitration challenge to accountants auditing BAE stories) 7588:29–30 ruling 7573:8–10 Systems 7573:5 mediation for professional partnerships debate on international arbitration 7581:5 claims management companies are to in a rescue situation (ADR/ denial of being a party to an arbitration be regulated 7588:4 mediation) 7588:27 agreement (law digest) 7578:21 cold callers and rogue claims mediation set to be the default ADR divorce following Jewish arbitration management companies may be fined 7584:4 technique 7588:4 (law report) 7547:141 combat immunity not limited to the options of property ADR (ADR/ enforcing an arbitration award can be a presence of the enemy (law digest) 7566:18 mediation) 7588:24 bumpy ride 7553:315–17 could mis-selling in the derivatives personal view of ADR from an expert ethics in international arbitration under market be the PPI equivalent for small engineer (ADR/expert witness) 7588:23 the spotlight 7582:13–14, 7583:14–15 businesses (forensic accountancy) 7575:21 New Law Journal | January – December Index 2013 | www.newlawjournal.co.uk SUBJECT INDEX 3 Deferred Prosecution Agreements silk convicted of tax fraud 7548:149 application for permission to (economic crime) 7575:11–14 supervising barristers 7584:5 remove child from jurisdiction divorced-only mortgages 7573:4 teenage graduate is youngest barrister 7571:4 (judicial line) 7573:15 giving UK tax payers a “statutory the need for great advocates like bases for appeal in care proceedings 7580:13–14 amnesty” could help drain “swamp Erskine (days of yore) 7574:22 breach by a local authority of its of toxic debt” 7578:5 Tooks to close 7577:5 education duty (law digest) 7564:21 how best to protect your firm against bribery and corruption child care experts giving evidence in the threat of money laundering corruption in the courts 7572:5 family courts must comply with (forensic accountancy) 7575:18 Deferred Prosecution Agreements national standards 7561:5 impact key measures in the (economic crime) 7575:11–14 child support and a second charge on latest budget may have on how the UK justice system fares in the the marital home (judicial line) 7586:20 charities CAS(Summer):5 global corruption stakes (comment) 7572:6 child support tables (civil way) 7569:13 Iran bank wins sanctions case 7566:5 in-house lawyers concerned about child trust funds (civil way) 7554:24 legal regulators come in for criticism the risk of bribery and corruption concept of habitual residence 7584:13–14 from mortgage lenders 7578:5 investigations 7576:4 concerns about inadequacy of analysis overriding objective is to deal fairly and regulatory investigations, and reasoning in adoption cases 7577:4 justly in financial tribunal cases (law whistleblowing and bribery developing use of special guardianship digest) 7545:72 (litigation) 7576:21 orders 7559:13 payments through CHAPS transfer developments in child support system (law digest) 7578:21 over last 12 months 7578:11–12 services could be fined under PIN C foreign national children being granted requirements of Santander (law in short periods of leave to remain 7560:5 the headlines) 7575:7–8 charities habitual residence (law digest) 7588:21 tumultuous 12 months in the banking call for law firms to support Workplace impact of recent case law on the world (comment) 7567:8 Giving 7550:221 scope of vicarious liability in abuse UK taxpayers deserve an amnesty from Charitable Incorporated claims 7547:127–29 toxic debt (comment) 7578:6 Organisations CAS(Summer):16 international child abductions and cross- bankruptcy charity ABS 7573:4 border family disputes on the increase 7559:5 changes in bankruptcy early discharges criminal record checks are jurisdiction in case for return of child (civil way) 7578:19 undergoing significant depends on where child is usually debtor’s centre of main interests fell changes CAS(Summer):8–9 resident (law digest) 7576:20 to be determined as at the date of guidelines on public benefit CAS(Winter):5–6 “known” sperm donors may seek presentation of the bankruptcy (law how charities are adapting to equality access to their children 7547:116 digest) 7543:21 challenges CAS(Winter):12–13 correction 7550:221 impact of bankruptcy on a lump sum impact key measures in the legal pitfalls of opening a Free School order obligation 7553:309–10 latest budget may have on (comment) 7582:7 Bar and barristers charities CAS(Summer):5 negligence and non-delegable duty of American Bar Association and external LawCare revamps 7573:4 care (law report) 7582:15 ownership of law firms (comment) 7588:8 pension deficit risk CAS(Summer):17 new child support scheme (civil way) 7573:11 American Bar Association to permit plans to transform the rehabilitation new national standards for expert foreign lawyers to practise as in- agenda offer opportunities
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