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Supreme Court rules on unlawfulness of bedroom tax
R (on the application of Rutherford and another) v Secretary of State for Work and Pensions [2016] UKSC 58, 9 November 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Supreme Court endorses wide exclusion in professional indemnity insurance policy
Impact Funding Solutions Limited v AIG Europe Insurance Ltd [2016] UKSC 57, 26 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
High Court limits scope of duty to warn in solicitor’s retainer
Cathal Anthony Lyons v Fox Williams LLP [2016] EWHC 2427 QB, 11 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Court of Appeal assesses damages for loss of a chance
Anthony McGill v Sports and Entertainment Media Group and Others [2016] EWCA Civ 1063, 4 November 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Court of Appeal sets the bar high for frustration
Armchair Answercall Ltd v People In Mind Ltd [2016] EWCA Civ 1039, 26 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
High Court endorses power to provide preventative drug for HIV
National Aids Trust v Secretary of State for Health [2016] Med LR 487, [2016] EWHC 2005 (Admin), 2 August 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Adjudicator should disclose involvement in second adjudication involving one of the parties
Beumer Group UK Ltd v Vinci Construction UK Ltd [2016] BLR Plus 44, [2016] EWHC 2283 (TCC), 13 September 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Drawing the line between costs budgeting and detailed assessment of costs
Valerie Elsie May Merrix v Heart of England NHS Foundation Trust [2016] EWHC B28 (QB), 13 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Controversial but-for test for professional negligence clarified
Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661, 1 July 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Landmark decision on third-party funding of arbitrations
Essar Oilfields Services Ltd v Norscot Rig Management PVT Ltd [2016] EWHC 2361 (Comm), 15 September 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
High Court refuses to intervene on emergency relief
Gerald Metals SA v Timis and Others [2016] EWHC 2327 (Ch), 22 September 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Court continues robust approach to on-demand securities
National Infrastructure Development Co Ltd v BNP Paribas [2016] EWHC 2508, 26 September 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Revised Pre-Action Protocol for construction and engineering disputes now in force
The second edition of the Pre-Action Protocol for Construction and Engineering Disputes came into force on 14 November 2016, in response to criticisms about its effectiveness and efficiency – for example, the time required for responding to..
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Relaunch of Adjudication Pilot Scheme for professional negligence claims
The Adjudication Pilot Scheme was first launched for professional negligence claims in February 2015 under the supervision of Mr Justice Ramsey. The Pilot Scheme was inspired by the adjudication scheme for construction disputes, and was intended to..
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Commercial Court interprets limitation in Hague Rules
Vinnlustodin HF and Another v Sea Tank Shipping AS (The “Aquasia”) [2016] 1 Lloyd’s Law Rep Plus 75, [2016] EWHC 2514 (Comm), 14 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Test case for disclosing identity of litigation funders
Stuart Barrie Wall v The Royal Bank of Scotland plc [2016] EWHC 2460 (Comm), 7 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Admiralty Court persuaded that a vessel was scuttled
Kairos Shipping Ltd and Another v Enka & Co LLC and Others (The “Atlantik Confidence”) [2016] 1 Lloyd’s Rep Plus 73, [2016] EWHC 2412 (Admlty), 11 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Negotiation period expenses not allowed as general average
Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG and Another (The “Longchamp”) [2016] 2 Lloyd’s Rep 375, [2016] EWCA Civ 708, 13 July 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Small contribution to asbestosis held to be material
Carder v Exeter University [2016] EWCA Civ 790, 29 July 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Court of Appeal upholds schedule for interim payments
Balfour Beatty Regional Construction Ltd v Grove Developments Ltd [2016] EWCA Civ 990, 13 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
High Court grapples with quantum in motor accident claim
XP v Compensa Towarzystwo SA and Bejger [2016] Med LR 570, [2016] EWHC 1728 (QB), 13 July 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Ministry of Justice surprises industry with whiplash reforms
After rumours in October that the Justice Secretary would not proceed with whiplash reforms just yet, the Ministry of Justice surprises everyone with its announcement on 17 November 2016 that it would push through radical reforms for personal injury..
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Commercial Court upholds arbitrators’ finding that 9/11 attack was a single event
Simmonds v Gammell [2016] 1 Lloyd’s Rep Plus 74, [2016] EWHC 2515 (Comm), 14 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Arithmetical error not an obstacle to enforcement of adjudication decision
Amey Wye Valley Ltd v The County of Herefordshire District Council [2016] EWHC 2368 (TCC), 3 October 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
Detainment of vessel for concealment of drugs not covered by insurance policy
Atlasnavios-Navegação, LDA v Navigators Insurance Co Ltd and Others (The âB Atlanticâ) [2016] 2 Lloydâs Rep 351, [2016] EWCA Civ 808, 1 August 2016
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14 December 2016
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Volume 35 No. 09 - 14 December 2016
High Court adopts literal interpretation of development agreement
Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch), 23 November 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Court of Appeal rejects entitlement to recover overpayment
Leslie v Farrar Construction Ltd [2016] EWCA Civ 1041, 1 November 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
High Court grapples with expert shopping
Allen Tod Architecture Ltd v Capita Property and Infrastructure Ltd [2016] BLR 592, [2016] EWHC 2171 (TCC), 26 August 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Court of Appeal upholds tobacco packaging regulations
R (on the application of British American Tobacco UK Ltd and Others) v Secretary of State for Health [2016] EWCA Civ 1182, 30 November 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Cautionary tale for landlord and tenant disputes
Stratton and Another v Patel and Another [2016] EWHC 2031 (TCC) and [2016] EWHC 2032 (TCC), 3 August 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Relief from forfeiture granted for contractual licence
General Motors UK Ltd v The Manchester Ship Canal Co Ltd [2016] EWHC 2960 (Ch), 30 November 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
High Court recasts scope of consequential loss
Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm), 17 November 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Supreme Court rewrites test for illegality defence
Patel v Mirza [2016] 2 Lloyd’s Rep 130, [2016] UKSC 42, 20 July 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Damages for pedestrian reduced for contributory negligence
Adams v Gibson [2016] EWHC 3209 (QB), 26 October 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Obituary: Gary Slapper, professor of fun and weird cases
It was with great sadness that we learned of the sudden passing of Professor Gary Slapper, who was well known both within legal circles and beyond for his passion in promoting a better understanding of the law globally. Professor Slapper’s..
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
Right to occupy terminated by failure to repair
Zas Venture Ltd v Forkner [2016] EWCA Civ 1062, 1 November 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Supreme Court clarifies measure of recovery for victims of motor accidents abroad
Moreno v The Motor Insurers’ Bureau [2016] UKSC 52, 3 August 2016
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
Controversial Brexit decision appealed to Supreme Court
Earlier in November, three of the most senior judges of the land (Lord Thomas CJ, Lord Etherton MR and Sales LJ) handed down their judgment in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 – the high profile..
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Court of Appeal clarifies Dublin regime
NA (Sudan) v Secretary of State for the Home Department; MR (IRAN) v Secretary of State for the Home Department [2016] EWCA Civ 1060, 1 November 2016
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
Local authority not required to warn against obvious risks
Edwards v London Borough of Sutton [2016] EWCA Civ 1005, 12 October 2016
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
Court seised when divorce petition is issued
Thum v Thum [2016] EWHC 2634 (Fam), 21 October 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Maternity Care improvements include proposals for no-fault compensation for birth injuries
On 17 October 2016, the Department of Health in England published a strategic document aimed at improving the safety of maternity care in the NHS. The action plan contains measures which it is hoped will improve standards of care and safety in..
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
Non-molestation and occupation orders not discharged
PF v CF [2016] EWHC 3117 (Fam), 2 December 2016
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
Adoption order for Egyptian child granted
Re Z (A Child: Egyptian fostering UK adoption) [2016] EWHC 2693 (Fam), 23 November 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Defence of no contract prevents enforcement of adjudicator’s decision
Dacy Building Services Ltd v IDM Properties LLP [2016] EWHC 3007 (TCC), 25 November 2016
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
Court of Appeal orders indemnity costs against third-party funders
Excalibur Ventures LLC v Texas Keystone Inc; Texas Keystone Inc and others v Psari Holdings Ltd and Others [2016] EWCA Civ 1144, 18 November 2016
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
Rehearing for financial remedies due to non-disclosure not always from scratch
GW v GW [2016] EWHC 3000 (Fam), 23 November 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
Treatment for child ordered despite religious objections
An NHS Foundation Trust v T [2016] EWHC 2980 (Fam), 18 November 2016
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28 December 2016
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Volume 35 No. 10 - 23 December 2016
NHS Litigation Authority launches mediation service
On 6 December 2016, the NHS Litigation Authority (NHSLA) launched its new mediation service, following a successful pilot and a public tender. The aim of the service is to help patients who have suffered injuries, their families and also healthcare..
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
Family Judge suggests costs orders as cases go along
Re V (Human Fertilisation And Embryology Act 2008) [2016] Med LR 664, [2016] EWHC 2356 (Fam), 30 September 2016
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016
ACL poll: Costs budgeting not as effective as intended
The Association of Costs Lawyers has conducted a survey of its 117 costs lawyers on the effectiveness of the costs budgeting process, which has been in place for three years. A striking 72% of those surveyed said that solicitors sometimes went over..
Online Published Date:
28 December 2016
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Volume 35 No. 10 - 23 December 2016