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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
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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