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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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