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Expert witnesses

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

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