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12 June 2008
Issue: 7325 / Categories: Case law , Procedure & practice , Law digest
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CIVIL LITIGATION

Hicks v Russell Jones & Walker [2007] EWCA Civ 844, [2008] 2 All ER 1089

Rule 52.10(2)(b) of the Civil Procedure Rules gives the appeal court power to refer any claim or issue for determination by the lower court. Normally, that is likely to arise where the appeal court has taken a view that a particular issue is necessary for decision, but that it could be better for it to be decided at first instance.

The power is defined in sufficiently general terms to allow, in a case where it appears to be just and convenient, for a point to be referred back for determination by the lower court, even if it is only contingently relevant in the context of an appeal that is still pending (Lord Justice Lloyd at 15).

Issue: 7325 / Categories: Case law , Procedure & practice , Law digest
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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