‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised important issues in the continued development of the collective proceedings regime, including as to how conflicts of interest within a class might be addressed, the willingness of the Court of Appeal to interfere with the Competition Appeal Tribunal’s (“CAT”) assessment of two rival applications for a collective proceedings order (“CPO”), and the scope of the statutory jurisdiction to appeal. The judgment is accessible here.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’
4KBW, 13th July 2023
Source: www.4kbw.co.uk
‘The Supreme Court’s decision in Paccar Inc and Ors v Road Haulage Association Limited and UK Claims Limited [2023] UKSC 28, handed down on 26 July 2023, has overturned the Divisional Court’s decision, and gone against conventional wisdom in the industry, to hold that Litigation Funding Agreements (“LFAs”) are (or at least can be) Damages-Based Agreements (“DBAs”).’
4 New Square, 26th July 2023
Source: www.4newsquare.com
‘The Advertising Standards Authority ruled that three ads misled consumers about the therapies’ efficacy in treating long Covid.’
The Independent, 30th August 2023
Source: www.independent.co.uk
‘On 11 August, a piece from Professor Richard Ekins KC (Hon) set out a case for the UK denouncing the European Convention on Human Rights (ECHR) and leaving the treaty system altogether. One of the main arguments in favour of this is that it would “restore Parliament’s freedom, on behalf of the British people, to decide what our laws should be”. This marks one of the more recent such calls, amid a growing chorus of Ministers in the UK Government and Conservative Party MPs to leave the ECHR. Also, it should be noted that we have been here before. The constitutional aspects of such a move aside, there are particular reasons why it would impact Northern Ireland. While Northern Ireland does not feature in Professor Ekins’ 11 August piece, he has previously written about the interaction between the ECHR and the Good Friday Agreement 1998 (GFA), which underpins the modern devolution settlement in Northern Ireland and which brought an end to a brutal and deadly conflict. This interaction is the subject of this post.’
UK Human Rights Blog, 29th August 2023
Source: ukhumanrightsblog.com
‘The Competition and Markets Authority (CMA) has published an update on its housebuilding and private rental market inquiry, formally launched in February.’
Local Government Lawyer, 29th August 2023
Source: www.localgovernmentlawyer.co.uk
‘Earlier this month, the Court of Appeal overturned Andrew Malkinson’s conviction for rape and related assault offences, for which he had spent 17 years in prison. An appeal in 2006 upheld the verdict and applications to the Criminal Case Review Commission (CCRC) in 2012 and 2020 were denied. Finally, a third application last year convinced the CCRC to order fresh DNA analysis. It was this evidence as well as treatment of some previously undisclosed information to do with Malkinson’s witness identification which secured his release.’
UK Human Rights Blog, 29th August 2023
Source: ukhumanrightsblog.com
‘A man stalked by YouTuber Alex Belfield is seeking compensation, following what a judge described as “a vicious and continued campaign of abuse”.’
BBC News, 30th August 2023
Source: www.bbc.co.uk
‘This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder’s service charge. The freeholder was given permission to appeal an FTT decision that only the first 7 days worth of costs (of almost 4 months worth) was recoverable.’
Nearly Legal, 29th August 2023
Source: nearlylegal.co.uk
‘The London Borough of Bromley has said it is considering all legal measures after ordering a landowner to replace 131 trees that were felled without permission.’
Local Government Lawyer, 29th August 2023
Source: www.localgovernmentlawyer.co.uk
‘Two women who tortured and killed a friend’s pet parrot during a lengthy drinking session have been jailed by a judge who described their cruelty as “beyond comprehension”.’
The Guardian, 29th August 2023
Source: www.theguardian.com
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