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10 February 2021
Issue: 7920 / Categories: Case law , In Court , Law digest
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Law digests: 12 February 2021

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Damages

Rees v Metropolitan Police Commissioner [2021] EWCA Civ 49, [2021] All ER (D) 81 (Jan)

In dismissing the appellant’s appeal, the Court of Appeal, Civil Division, found that amount of £155,000 in damages that the Queen’s Bench Division had awarded to the appellant for the respondent Metropolitan Police Commissioner’s (the Commissioner) malicious prosecution and misfeasance in public office had been within the range of awards reasonably open to it, and therefore the damages award had not been too low as the appellant had contended. The court also dismissed the Commissioner’s cross-appeal against the exemplary damages awarded to the appellant, and found that both the decision to award exemplary damages to the appellant, and the amount of exemplary damages that had been awarded, had been justified.

Environment

Wild Justice v Natural Resources Wales (National Farmers’ Union intervening) [2021] EWHC 35 (Admin), [2021] All ER (D) 88 (Jan)

Conservation of natural habitats and of wild fauna and flora. The claimant organisation, which promoted natural conservation, failed in its challenge to the licences

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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
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Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
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The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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