Legal updates

Masood Ahmed

E-disclosure and party agreement

19 February 2018By Masood Ahmed

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’.


Hair strand testing in care proceedings

12 February 2018By Gideon Habel

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 ...

Welsh Assembly

Emerging law and procedure in Wales

5 February 2018By Richard Owen

Update on the latest legislative developments in Wales.


Applying for relief against forfeiture

29 January 2018By Lesley King, Rosemary Ioannou

Macmillan Cancer Support v Hayes [2017] EWHC 3110 (Ch)

Nicholas Dobson

Planning consent contrary to advice

22 January 2018By Nicholas Dobson

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?


EU treaty breaches and national courts

22 January 2018By Elaine Whiteford, Louise Freeman

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.


Privacy and disclosure

15 January 2018By Melanie Carter, Claire Whittle

Two recent cases at the Court of Appeal considered the application of article 8 to Disclosure and Barring Service (DBS) checks.

Laura Devine

Future status of EU citizens and families

15 January 2018By Laura Devine

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.

Masood ahmed cut copy

Pre-action disclosure of insurance policies

8 January 2018By Masood Ahmed

Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] 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).

Baxter cut

Employment: Is the gig finally up for Uber?

4 December 2017By Karen Baxter

The ride-hailing business has been doing battle in the UK employment tribunals – and it has not fared well.

Nicholas dobson 2016

Councillor disqualification

30 November 2017By Nicholas Dobson

The government is considering the disqualification criteria for councillors and mayors – and practitioner feedback is welcome

Rk web people georgina squire 011

Litigation – 2017 in review

27 November 2017By Georgina Squire

BPE Solicitors v Hughes-Holland [2017] 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 ...

Profile anthony edwards

Criminal: General defences

27 November 2017By Anthony Edwards

In R v Riddell [2017] EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving.

Suzanne gill

Commercial property: Restrictive covenants

20 November 2017By Suzanne Gill

There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], 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 ...

Ibrahim hasan

Data protection: Preparing for GDPR

13 November 2017By Ibrahim Hasan

No excuses for confusion on day one of the new regime.

david anderson

Going Dutch

10 November 2017By David Anderson

The Netherlands has published draft rules for its new English language commercial court, which will seek to exploit Brexit by targeting international dispute resolution.

Saimo chahal

Assisted dying: A right to autonomy and dignity

6 November 2017By Saimo Chahal

Stage is set for the next round of assisted dying litigation.

Roger sahota

Cards on the table for criminal solicitors

1 November 2017By Roger Sahota

Ivey could cause a revision in the laws on dishonesty.

Nottingham county council

Personal injury: Foster carers and vicarious liability

30 October 2017By Malcolm Johnson

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.

Supreme Court

Council vicariously liable for abuse committed by foster parents

26 October 2017By Andrew Warnock QC

Lawyers will need to pay close attention to local authority contracts with independent fostering agencies.


Construction: Adjudication – unilateral withdrawal

23 October 2017By Masood Ahmed

Can the referring party withdraw a dispute from adjudication and subsequently refer the same dispute to a second adjudication?

Catriona watt at fox

Partnership agreements: Lateral hires and restraint of trade

16 October 2017By Catriona Watt

How far can a law firm go to protect its business from the threat of team defections?

Nick shipp

Intellectual property: A stress on technical advantages

16 October 2017By Nick Shipp

The US Federal Circuit’s latest struggles with the Alice decision could have a positive impact for UK patent litigators

Mr Justice Foskett

Property: Clarity needed for process for obtaining writs of possession

12 October 2017By Sam Phillips

Partridge has reduced the confusion surrounding rules in relation to obtaining wits, but these are small steps.

Nicholas Dobson

Education: Ofsted marked its own homework

9 October 2017By Nicholas Dobson

Durand Academy Trust School challenged critical Ofsted report.

Supreme court

Family: Undertakings and variations

2 October 2017By Andrew Newbury

Birch v Birch emphasises the variation of family orders.

wales copy

Emerging Welsh law and procedure

25 September 2017By Richard Owen

In the first of a regular update, Richard Owen reports on legislative and legal policy developments that apply solely to Wales.


Competition: Anti-competitive damages

18 September 2017By Louise Freeman, Elaine Whiteford

A tale of two trials: Mastercard, death spirals and MIFs.

Nicholas dobson 2016

Local government: Scrutinising councillor conduct

11 September 2017By Nicholas Dobson

Holders of public office must be publicly accountable for their decisions and actions and able to submit to scrutiny.

Masood ahmed cut copy

Arbitration: 'Non-existent' respondents

4 September 2017By Masood Ahmed

What is the position when the respondent in the arbitration is dissolved before commencement?


Competition: Certification and the class action regime

7 August 2017By Elaine Whiteford, Louise Freeman

Second-class certification judgment in relation to the Consumer Rights Act 2015 handed down.


Criminal - statutory changes

7 August 2017By Anthony Edwards

The criminal law provisions of the Policing and Crime Act 2017 have been brought substantially into force and with unusual speed.

Ibrahim hasan

Data protection: GDPR and employee surveilance

31 July 2017By Ibrahim Hasan

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 ...

French road

Personal injury: Untraced drivers and rights

24 July 2017By Malcolm Johnson

Protections afforded to Howe must be secured.

Tom Collins

Digital pirates – on a sinking ship?

17 July 2017By Tom Collins

CJEU decision could make file-sharing sites constitute as copyright infringement.


Local Government: Scope of power to prosecute

10 July 2017By Nicholas Dobson

R v AB and others raises questions about the powers of local authorities.


Legal update: media law - The right of erasure

3 July 2017By Hanna Basha, Nick Grant

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.

Andrew newbury

Post-separation accrual

19 June 2017By Andrew Newbury

Valuations for potential future accrual are becoming more complex.

Pills copy

‘Excessive pricing’ and pharmaceuticals

12 June 2017By Miranda Cole

Alleged abuse of dominance through excessive pricing in the pharmaceutical sector could be curbed.

Westwood copy

Leases and side letter concessions

5 June 2017By Suzanne Gill

Courts will intervene on one-sided landlord-biased precedent.


Barnsley in a hole

5 June 2017By Nicholas Dobson

Local governments are under extreme financial pressure from pothole damage repairs

Roger sahota

Criminal Finances Act 2017

22 May 2017By Roger Sahota

Roger Sahota assesses a radical overhaul of the anti-money laundering and confiscation regime.

David wallis landcape

Cases shaping costs budgeting

22 May 2017By David Wallis

On 1 April 2013, the 64th update to the Civil Procedure Rules came into force and brought with it the requirement for budgets to be filed and served in all multi-track claims (initially with the exception of those in the Commercial/Admiralty Courts but subsequently extended to those courts) issued on ...

Polling station

Immigration: what to expect from the main parties

15 May 2017By Laura Devine

Laura Devine outlines the key policies that the political parties are expected to put foward in their election manifestos.


Civil procedure: Unreasonable conduct and costs

15 May 2017By Masood Ahmed

It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes.


Criminal law: Sentencing guidelines

8 May 2017By Anthony Edwards

The Sentencing Council has issued a series of significant guidelines.

Ibrahim hasan

Freedom of information: Subject access rights under the GDPR

1 May 2017By Ibrahim Hasan

When the General Data Protection Regulation (GDPR) comes into force on 25 May 2018 it will introduce a number of new obligations on data controllers. Some new data subject rights, including the right to erasure and data portability, will also be introduced. With some breaches carrying fines of up to ...

Samantha pegg, nottingham law school

Online grooming and the law

27 April 2017By Dr Samantha Pegg

New law welcomes protection for children from online groomers.

Nicholas Dobson

Local government: Councillor conduct and personal data

24 April 2017By Nicholas Dobson

Local authorities are right to be punctiliously cautious about releasing sensitive personal information.

Rupert Earle

Katie Hopkins and serious harm

10 April 2017

On 10 March Mr Justice Warby handed down judgment in Monroe v Hopkins, finding for the claimant and awarding £24,000 in damages for the publication of two defamatory tweets.

Browse the magazine


The Gazette offers you up-to-the-minute national and international news, opinion, features, in-depth articles plus a jobs and appointments section.

Please click the link below for a digital edition

Latest issue