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03 February 2017
Issue: 7732 / Categories: Case law , Law digest , In Court
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Building contract

Lalana Hans Place Ltd v Michael Barclay Partnership LLP [2017] EWHC 29 (TCC), [2017] All ER (D) 94 (Jan)

The Technology and Construction Court allowed the defendant engineering firm’s application for an order requiring the claimant to answer a request for further information concerning advice given by the claimant’s expert at the time when it had decided to undertake remedial work in respect of a luxury development near Harrods. The claimant had brought proceedings against the defendant, alleging that it had failed adequately to design basement walls for the development. The court held that the claimant should answer the request where it was at least arguable that some of opinions of the claimant’s litigation expert had been taken into account by the firm of engineers, upon whose opinion the claimant had based its decision to carry out the remedial work.

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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