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29 January 2010
Issue: 7402 / Categories: Case law , Law digest
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Expert witnesses

Jones v Kaney [2010] EWHC 61 (QB), [2010] All ER (D) 131 (Jan)

The decision of the Court of Appeal in Stanton v Callaghan [1998] 4 All ER 961 remained good law, and was binding on the lower courts. The fact that human rights considerations might question some of the policy assumptions behind a previous decision of a superior court was no basis for concluding that the decision was no longer authoritative.

There was no judgment of the European Court of Human Rights on the issue. A direct challenge to the decision or principle in play would be needed before a court could rely upon the passage of the Human Rights Act 1998, as a sufficient statutory change in the law to revisit a proposition spelt out a binding judgment in a superior court.

 

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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