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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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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

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Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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