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27 October 2020
Issue: 7908 / Categories: Case law , In Court , Law digest
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Law digests: 30 October 2020

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Damages

Swift v Carpenter (Personal Injuries Bar Association intervening) [2020] EWCA Civ 1295, [2020] All ER (D) 66 (Oct)

In allowing the appellant’s appeal against a damages order which awarded her nothing in respect of the cost of purchasing a more expensive new home, which was necessitated by her significant injuries following a motor vehicle accident, the Court of Appeal, Civil Division, found that the approach for calculating those damages set out in Roberts v Johnstone [1989] QB 878 no longer achieved fair and reasonable compensation for injured claimants. The court instead took a new approach to calculating the damages to be awarded to the appellant for the cost of purchasing her new home.

European Union

Groupe Lactalis v Premier ministre and others C-485/18, [2020] All ER (D) 78 (Oct)

Article 26 of Regulation (EU) No 1169/2011 should be interpreted as meaning that the mandatory indication of the country of origin or place of provenance of milk or milk used as an ingredient had to be regarded as a ‘matter specifically

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NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
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Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
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A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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