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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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