On 5 September the Court of Appeal handed down an important judgment on both legal advice privilege and litigation privilege. We will summarise the background to the case, the approach of the first instance judge, the contrasting approach of the Court of Appeal, and finally offer some thoughts about where ...
Safeguarding is the action that is taken to promote the welfare of children or adults at risk and protect them from harm.
Important questions concerning the interpretation and application of the provisions under the qualified one-way costs shifting (QOCS) regime (CPR 44.130-44.17) came before the Court of Appeal in Jacob Corstorphine v Liverpool City Council  EWCA Civ 270 (Sir Geoffrey Vos PQBD and Hamblen LJ).
Nicholas Dobson says for local authorities that previously had seen their functional creativity significantly curtailed, the GPC in the Localism Act 2011 promised a brave new world.
The disclosure of relevant documents during the litigation process has been a longstanding and distinctive feature of English civil procedure. However, standard disclosure under the Civil Procedure Rules does not give rise to ‘perfect justice’.
The case H (A Child: Hair Strand Testing) 2017 EWFC 64 concerned care proceedings to determine whether H, an eight-month-old removed at birth and then returned to the mother under supervision, should remain in her mother’s care, given a history of drug abuse and the presentation of a positive drug ...
Undertakings investigated by the European Commission that offer commitments, while avoiding a formal finding of infringement binding on the national court, may not prevent those who consider themselves harmed by the conduct from bringing actions for damages.
What legal duty does a local planning authority have to state reasons behind a decision, against the advice of its own professional advisers, to grant a controversial development?
On 8 December 2017 the European Commission and UK government issued a Joint Report on the progress of article 50 talks to date. A week later the stage was set to proceed.
Two recent cases at the Court of Appeal considered the application of article 8 to Disclosure and Barring Service (DBS) checks.
Peel Port Shareholder Finance Company Ltd v Dornoch Ltd  EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).
The ride-hailing business has been doing battle in the UK employment tribunals – and it has not fared well.
The government is considering the disqualification criteria for councillors and mayors – and practitioner feedback is welcome
BPE Solicitors v Hughes-Holland  UKSC 21, a solicitors’ negligence claim, was the Supreme Court’s first opportunity to review the 20-year-old House of Lords SAAMCO principle, which underpins the calculation of loss in professional negligence claims. The court reaffirmed the SAAMCO judgment, referred to by Lord Sumption as ‘one of ...
In R v Riddell  EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving.
There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay , the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an ...
The Netherlands has published draft rules for its new English language commercial court, which will seek to exploit Brexit by targeting international dispute resolution.
Stage is set for the next round of assisted dying litigation.
Supreme Court reverses decision of the Court of Appeal, deciding that a local authority could be vicariously liable for torts committed by foster carers against children in local authority care.
Lawyers will need to pay close attention to local authority contracts with independent fostering agencies.