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01 October 2021
Issue: 7950 / Categories: Case law , In Court , Law digest
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Law digests: 1 October 2021

Costs

Shah and another v Shah and another [2021] EWHC 1668 (QB), [2021] All ER (D) 102 (Jun)

Where the appellants had rejected the respondents’ Pt 36 offer of £1 in respect of county court proceedings, concerning a family dispute, and where the county court judge had awarded the respondents nominal damages of £10 on their claim, having found that the appellants had breached an agreement between the parties, the Queen’s Bench Division (the court) held that the judge had not erred in making a costs order in favour of the respondents, having found that they were the successful parties, that the purposes of Pt 36 had properly been served and that there had been a genuine basis offered for avoiding litigation. The court held that the judge had taken decisions that had been open to him and that he had not erred in principle or in law.


Damages

Steve Hill Ltd v Witham (as widow and executrix of the estate of Neil Witham (deceased)) [2021] EWCA Civ 1312, [2021]

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
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