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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

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
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