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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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Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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