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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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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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