30/07/2021 – Current Awareness

‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’

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Quarterly Medical Law Review, 28th July 2021

Source: 1corqmlr.com

Vacant possession: Capitol Park v Global Radio Services Limited – Court of Appeal – Mills & Reeve

Posted July 30th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by sally

‘The Court of Appeal has handed down an important judgment on the operation of conditional break clauses and has found in favour of the tenant.’

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Mills & Reeve, 29th July 2021

Source: www.mills-reeve.com

High Court warns uncooperative parties against “litigation warfare” – Legal Futures

Posted July 30th, 2021 in civil procedure rules, construction industry, costs, disclosure, dispute resolution, news, pilot schemes by sally

‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’

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Legal Futures, 30th July 2021

Source: www.legalfutures.co.uk

Pick the first landlord up – Nearly Legal

Posted July 30th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, statutory interpretation by sally

‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’

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Nearly Legal, 29th July 2021

Source: nearlylegal.co.uk

Judge rejects legal challenge over £27.4bn roads programme – Local Government Lawyer

Posted July 30th, 2021 in climate change, environmental protection, government departments, judicial review, news, roads, transport by sally

‘The High Court has thrown out a campaign group’s legal challenge to the Government’s £27.4bn Road Investment Strategy 2: 2020-25.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

Man jailed after fake Amazon delivery driver gun attack – BBC News

Posted July 30th, 2021 in assault, firearms, imprisonment, news, offensive weapons, sentencing by sally

‘A man who disguised himself as an Amazon delivery driver to attack his victim with a shotgun has been jailed.’

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BBC News, 29th July 2021

Source: www.bbc.co.uk

Ep148: Interim Care Orders and Newborn Babies – Law Pod UK

Posted July 30th, 2021 in birth, care orders, families, news, podcasts by sally

‘Richard Ager and Clare Ciborowska of 1 Crown Office Row (Brighton) discuss with Rosalind English the distressing and emotional business of removing newborns from their mothers when it is decided that it is in the infant’s best interests. Earlier this year the Public Law Working group has published a series of recommendations for improvements in practice to make the whole procedure less traumatic for the mother. Whether these recommendations will be implemented remains to be seen.’

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Law Pod UK, 29th July 2021

Source: audioboom.com

Convicted terrorist found driving London bin lorries jailed – BBC News

Posted July 30th, 2021 in imprisonment, news, notification, police, sentencing, terrorism by sally

‘A convicted terrorist found driving bin lorries in London has been jailed for failing to tell police he was driving potentially dangerous vehicles.’

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BBC News, 29th July 2021

Source: www.bbc.co.uk

What Are Reparations And What Forms Can They Take? – Each Other

Posted July 30th, 2021 in compensation, forced labour, human rights, Jamaica, news, trafficking in human beings by sally

‘With Jamaica preparing to ask for reparations from Britain for the Atlantic slave trade, EachOther asks what this could look like?’

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Each Other, 29th July 2021

Source: eachother.org.uk

London borough defends approach after report that family face eviction for failing to attend property viewing 200 miles away – Local Government Lawyer

Posted July 30th, 2021 in families, homelessness, housing, local government, London, news, repossession by sally

‘Councils must balance the interests of those in housing need with that of taxpayers, the London Borough of Waltham Forest has said after becoming embroiled in controversy over a family facing homelessness.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

Marcus Coutain: Knee-on-neck arrest PC will not face disciplinary action – BBC News

Posted July 30th, 2021 in disciplinary procedures, news, ombudsmen, Poland, professional conduct, race discrimination, restraint by sally

‘A police officer who knelt on a black man’s neck during an arrest will not face disciplinary proceedings, the police watchdog has decided.’

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BBC News, 29th July 2021

Source: www.bbc.co.uk