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Law digests: 21 October 2022

21 October 2022
Issue: 7999 / Categories: Case law , In Court , Law digest
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Animal

Schoultz v Ball and others [2022] EWHC 2452 (KB), [2022] All ER (D) 13 (Oct)

The King’s Bench Division held that the first defendant owner of a horse that had collided with a taxi (in which the claimant had been a passenger) on the southbound carriageway of the A3, was not liable under s 2(2) of the Animals Act 1971 (the Act) for the injuries the claimant had sustained in that collision. The court held that it could not find, as the claimant had asked it to find, that the likelihood of the damage to the claimant, or of its being severe, had been due to the horse’s characteristics, which were not normally found in horses, except at particular times or in particular circumstances. Rather, it had been due to the horse having been a large and heavy animal, standing on a dual carriageway where she should not have been standing. Accordingly, s 2(2)(b) of the Act was not made out and the claim was dismissed.


Company

BTI 2014 LLC v Sequana

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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