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10 March 2021
Issue: 7924 / Categories: Case law , In Court , Law digest
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Law digests: 12 March 2021

Civil procedure

A v XY Ltd [2021] CSOH 21, 2021 Scot (D) 28/2

In an action in which the pursuer, who claimed that she was raped when she was aged 13 by a male teacher in charge of a school camping trip, sought £1.5m compensation from the defender, which owned and managed the school, in which the defender contended as a preliminary point that the court, applying s 17D(3) of the Prescription and Limitation (Scotland) Act 1973, should refuse to allow the action to proceed because it would suffer substantial prejudice and that prejudice outweighed the pursuer’s interest, the court held that the defender had established that it would be substantially prejudiced if the action proceeded, however the pursuer’s interest outweighed the substantial prejudice to the defender; in the balancing exercise the scales tipped decisively in favour of the pursuer and accordingly the court allowed the action to continue.


Divorce

Ratcliffe v Ratcliffe [2021] EWCA Civ 247, [2021] All ER (D) 06 (Mar)

In allowing the appellant husband’s appeal,

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NLJ Career Profile: Daniel Burbeary, Michelman Robinson

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West End firm strengthens employment and immigration team with partner hire

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Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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