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20 May 2010 / Roger Smith
Issue: 7418 / Categories: Opinion , Human rights
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No, no, no

The country had a crash course on constitutional constraints as Nick Clegg and David Cameron crafted their deal after the election.

Roger Smith reviews three recent cases where the courts said “No”

The country had a crash course on constitutional constraints as Nick Clegg and David Cameron crafted their deal after the election. A number of journalists foamed at the mouth with impatience. There may be more lessons to come as three recent judgments indicate the growing confidence and independence of the British judiciary.

Among the new prime minister’s more unwelcome inheritance in office will be the aftermath of the more ill-advised aspects of George Bush’s war on terror. His government will have to decide whether to appeal to the Supreme Court in the case of Al Rawi and others v The Security Service and others [2009] EWHC 2959 (QB). This was a unanimous judgment of the Court of Appeal delivered by Lord Neuberger, the Master of the Rolls who made his name—and, probably, his later career—with his historic denunciation of evidence adduced

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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