January–June 2013
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Index January–June 2013 CONTENTS Subject Index 2 UK Statutes 14 Statutory Instruments 16 International Legislation 17 Law Reports 18 Table of Cases 19 Author Index 28 Book Reviews 30 Glossary 31 2 SUBJECT INDEX January—June 2013 | www.newlawjournal.co.uk Numbers in bold refer to issue seat of arbitration sufficiently indicated by silk convicted of tax fraud 7548:149 numbers, followed by page numbers the country chosen as the place of CAS refers to the Charities Appeals arbitration (law digest) 7550:237 Supplement sensitive approach shown to divorce C following Jewish arbitration (law in the headlines) 7548:153 charities A third party to arbitration agreement call for law firms to support Workplace (law digest) 7557:18 Giving 7550:221 abuse of process architects Charitable Incorporated former wife’s claim was abuse of process 7560:4 removal of architect’s name from register Organisations CAS(Summer):16 access to justice (law report) 7558:16 criminal record checks are undergoing significant access to justice debate (comment) 7543:7 armed forces changes CAS(Summer):8–9 age families of improperly equipped soldiers impact key measures in the latest budget may former partner in law firm loses age to be allowed to bring claims for have on charities CAS(Summer):5 discrimination claim 7563:4 their deaths 7566:5 pension deficit risk CAS(Summer):17 alcohol immigration of dependent adult children plans to transform the rehabilitation some of history’s most infamous and often of Gurkhas (law digest) 7546:107 agenda offer opportunities for tragic tipplers (law stories) 7543:22 offspring of Gurkha veterans win charities CAS(Summer):10–11 alternative business structure landmark legal challenge 7545:52 recent developments in charity fast-track ABS 7553:301 assault taxation CAS(Summer):12–14 firms join ABS rush 7550:220 the bottom line (the insider) 7553:326 recent inheritance battles CAS(Summer):15 interest in ABS conversion is higher than refusal of charitable status for Preston expected 7544:29 Down Trust CAS(Summer):15–16 profile of the latest ABS contender B sports in limbo about what is and what is not (comment) 7549:184 charitable CAS(Summer):2–4 alternative dispute resolution banking and finance will-writing will not be regulated but charitable how mediation can provide a remedy for authorities such as FSA not obliged to give sector has role to play CAS(Summer):6–7 litigation horror stories undertakings in respect of losses incurred children (mediation/ADR) 7566:19–20 by third parties (law report) 7551:267 adoption (law digest) 7545:72 who pays the mediator (judicial line) 7557:19 bank fined for failing to handle breach by a local authority of its education America payment protection insurance duty (law digest) 7564:21 American Bar Association to permit complaints fairly 7543:5 child care experts giving evidence in foreign lawyers to practise as in-house combat immunity not limited to the family courts must comply with counsel 7549:182 presence of the enemy (law digest) 7566:18 national standards 7561:5 appeals impact key measures in the latest budget child trust funds (civil way) 7554:24 permission to appeal against the making of a may have on charities CAS(Summer):5 developing use of special guardianship placement order (law digest) 7559:21 Iran bank wins sanctions case 7566:5 orders 7559:13 quintet of judges have been appointed to overriding objective is to deal fairly and foreign national children being granted short hear all appeals arising from Jackson justly in financial tribunal cases periods of leave to remain 7560:5 reforms 7562:4 (law digest) 7545:72 impact of recent case law on the scope Supreme Court able to conduct a closed bankruptcy of vicarious liability in abuse material procedure on appeals 7566:18 debtor’s centre of main interests fell to be claims 7547:127–29 Arab Spring determined as at the date of presentation international child abductions and cross-border review of the Arab Spring as it enters its third of the bankruptcy (law digest) 7543:21 family disputes on the increase 7559:5 year (law in the headlines) 7544:31–32 impact of bankruptcy on a lump sum order “known” sperm donors may seek access to arbitration obligation 7553:309–10 their children 7547:116 counsel bring arbitration in-house 7556:4 Bar and barristers correction 7550:221 court allows divorce following Jewish American Bar Association to permit orders in family proceedings (law arbitration 7547:117 foreign lawyers to practise as in-house report) 7559:20 divorce following Jewish arbitration counsel 7549:182 permission to appeal against the making of a (law report) 7547:141 Bar Council elections 7562:5 placement order (law digest) 7559:21 enforcing an arbitration award can Bar Council has launched a guide for DIY possibility that mother may have hurt be a bumpy ride 7553:315–17 litigants 7555:5 child in the past is not sufficient proof how courts deal with question of costs Bar has opened its first nursery 7556:5 that another child may suffer harm in where an arbitration award is being challenged Bar hits out at legal aid reforms 7563:4 the future 7550:221 7554:14–15 Bar Standards Board commended for possibility that mother may have hurt child jurisdiction of High Court under complaint handling 7566:4 in the past is not sufficient proof that Arbitration Act 1969 counsel bring arbitration in-house 7556:4 another child may suffer harm in the (law digest) 7565:29 eighty-four lawyers celebrate successful future (law digest) 7550:237 negative aspect of a London arbitration QC applications 7550:221 right to parental status and same-sex (law digest) 7565:29 new Chief Executive of the Bar Council 7560:4 couples (law report) 7563:19 www.newlawjournal.co.uk | January—June 2013 SUBJECT INDEX 3 rights of sperm donor father in respect to masterclass in Part 36 7545:66–69 late payments will be costlier child born to couple in civil partnership non-expert experts (civil way) 7564:19 (civil way) 7554:24 (law digest) 7548:167 ore civil litigation reform to come 7554:4 latest litigation and regulatory statistics foreign national children being granted short multi-track claims (judicial line) 7557:19 (litigation trends) 7558:19–20 periods of leave to remain 7560:5 new costs order for financial remedies in liquidators can apply the hindsight support for new child care target 7548:149 family courts (civil way) 7566:16 principle when assessing whether a test of necessity in care proceedings new strike out powers on financial remedy company is past the point of no (law digest) 7565:29 applications (civil way) 7564:19 return 7547:135–37 undertakings given for return of abducted proportionate costs (civil way) 7564:19 order directing sale of property and payment children (law digest) 7546:107 pros and cons of disapplying of fixed sum to company may create a whether vulnerable people who provide CPR 36.14 7547:138 proprietary interest in the property in favour information on alleged abuse should pushing through the Jackson reforms of that company (law report) 7543:20 be entitled to public interest (speakers’ corner) 7545:56 permission to continue with derivative claim immunity 7547:125–26 quintet of judges have been appointed to hear all (law report) 7551:268 civil law appeals arising from Jackson reforms 7562:4 proposals for shareholders votes on allocation of claims to the small claims rules encouraging parties to settle early directors’ pay 7546:103–05 track (judicial line) 7557:19 due to come into force 7552:277 special resolution by a public company to be big matches in tenancy litigation rules for the implementation of the re-registered as a private limited company (civil way 7562:15 Jackson reforms laid out 7549:182 (law digest) 7546:107 change of all forms (civil way) 7554:23 selling or gifting a mobile home on site top tips for commercial mediators charging order change (civil way) 7554:24 (civil way) 7562:15 (mediation) 7544:43 child trust funds (civil way) 7554:24 solicitors’ claim on funds (civil way) 7562:15 compensation civil way 7543:16-17, 7549:203–04, start of the Property Chamber assessing compensation for unfair dismissal 7550:233–34, 7553:319–20, 7554:23–24, (civil way) 7564:19 (law digest) 7563:21 7556:15, 7559:17–18, 7562:15, 7564:19, tenant deposit schemes (civil way) 7566:16 calculations about loss of future earnings in 7566:16 things to do in preparation for Jackson reforms personal injury cases 7546:91–92 costs are capped in Patents County (law in the headlines) 7552:280 collective actions brought against companies Court 7559:17 U-turn on costs-management rules causes that breach competition law could require costs lawyers are to play a greater role in shock waves 7550:220 all affected consumers to be monitoring the civil justice system 7554:4 when the conditions are right for early compensated 7546:85 costs reforms 7557:5 determinations (Jackson) 7564:16–18 compensation for Mau Maus 7564:4 court fees rise (civil way) 7566:16 civil partnerships failure to compensate victims of road traffic damages-based agreements (civil way) 7554:23 categories of groups allowed to perform accidents 7546:94–95, end of late amendments 7557:6 wedding and civil partnership 7547:130–32, 7548:160–62, exclusive insight into the latest thoughts of ceremonies 7553:301 7549:193–95 Lord Justice Jackson (comment) 7563:7 “known” sperm donors may seek access former staff at Woolworths win right to expert witnesses for small claims to their children 7547:116 seek compensation over collective (civil way) 7559:18 correction 7550:221 redundancy 7563:5 fee remission scheme to