All Legal updates articles – Page 22
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FeatureE-disclosure and party agreement
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’.
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FeatureHair strand testing in care proceedings
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 ...
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FeatureApplying for relief against forfeiture
Macmillan Cancer Support v Hayes [2017] EWHC 3110 (Ch)
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FeatureEU treaty breaches and national courts
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.
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FeaturePlanning consent contrary to advice
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?
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FeatureFuture status of EU citizens and families
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.
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FeaturePre-action disclosure of insurance policies
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).
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FeatureEmployment: Is the gig finally up for Uber?
The ride-hailing business has been doing battle in the UK employment tribunals – and it has not fared well.
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FeatureCriminal: General defences
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.
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FeatureCommercial property: Restrictive covenants
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 ...
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FeatureGoing Dutch
The Netherlands has published draft rules for its new English language commercial court, which will seek to exploit Brexit by targeting international dispute resolution.
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FeatureAssisted dying: A right to autonomy and dignity
Stage is set for the next round of assisted dying litigation.
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FeatureCards on the table for criminal solicitors
Ivey could cause a revision in the laws on dishonesty.
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FeaturePersonal injury: Foster carers and vicarious liability
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.
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Law ReportCouncil vicariously liable for abuse committed by foster parents
Lawyers will need to pay close attention to local authority contracts with independent fostering agencies.
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FeatureConstruction: Adjudication – unilateral withdrawal
Can the referring party withdraw a dispute from adjudication and subsequently refer the same dispute to a second adjudication?
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FeaturePartnership agreements: Lateral hires and restraint of trade
How far can a law firm go to protect its business from the threat of team defections?