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Law digests: 30 October 2020

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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