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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

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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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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