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.
Can the referring party withdraw a dispute from adjudication and subsequently refer the same dispute to a second adjudication?
How far can a law firm go to protect its business from the threat of team defections?
The US Federal Circuit’s latest struggles with the Alice decision could have a positive impact for UK patent litigators
Partridge has reduced the confusion surrounding rules in relation to obtaining wits, but these are small steps.
Durand Academy Trust School challenged critical Ofsted report.
In the first of a regular update, Richard Owen reports on legislative and legal policy developments that apply solely to Wales.
Holders of public office must be publicly accountable for their decisions and actions and able to submit to scrutiny.
What is the position when the respondent in the arbitration is dissolved before commencement?
Second-class certification judgment in relation to the Consumer Rights Act 2015 handed down.
The criminal law provisions of the Policing and Crime Act 2017 have been brought substantially into force and with unusual speed.
At present all employers have to comply with the Data Protection Act 1998 (DPA) when conducting employee surveillance, as they will be gathering and using personal data about living, identifiable individuals (location, movements, internet browsing history and so on). Part 3 of the Information Commissioner’s Office (ICO) Data Protection Employment ...
CJEU decision could make file-sharing sites constitute as copyright infringement.
R v AB and others raises questions about the powers of local authorities.
Most social media sites have no age restriction for registration and children are free to interact with the online community as they see fit. Even where they do not post information themselves, a child’s image will often feature in pictures posted by friends and family.