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27 October 2007 / Mike Willis , Glenn Campbell
Issue: 7290 / Categories: Features
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Following Leeds

Mike Willis and Glenn Campbell review US and UK approaches to summary judgments

An ongoing debate in the US considers the extent to which it is permissible to have regard to the judgments of foreign courts in adjudicating on US constitutional rights and restrictions. In Scott v Harris (2007) 127 S Ct 1769, on 30 April 2007, Justice Scalia was in the majority when the Supreme Court overruled a lower court decision—on a claim for damages by a motor accident victim following a high speed police chase—that summary judgment was not available on the issue of whether or not the conduct of the police was lawful. Justice Scalia set out the facts and the issues and, on the question of whether or not summary judgment could be ordered, held that it could.

MILLER v GARTON SHIRES

Justice Scalia’s approach is consistent with the recent consideration of a similar point by District Judge Spencer sitting in Leeds in Miller v Garton Shires [2007] PNLR 273. This was a solicitors’ negligence action which also arose out

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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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