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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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MOVERS & SHAKERS

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NEWS
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NLJ this week: Is inequality undermining trust?
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
NLJ this week: Freemasons ruling backs police transparency over privacy claims
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
NLJ this week: Right to grieve marks ‘major shift’ in employment law
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
NLJ this week: AI privilege battles expose risks
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
NLJ this week: Experts warned—AI use must be transparent
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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