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06 October 2017
Issue: 7764 / Categories: Case law , Law digest , In Court
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Tort

South Gloucestershire Council v Burge and another [2017] EWCA Civ 1313, [2017] All ER (D) 14 (Oct)

The provisions of art 9(4)(c) of the Tree Preservation Order 2007 (TPO) related to the exclusions of the entitlement to compensation under art 9 of the TPO and were not tied to a specific point in time at which the question fell to be considered. The Upper Tribunal (Lands Tribunal), in deciding compensation, had restricted its conclusions solely to a particular point in time. The Court of Appeal, Civil Division found that that had been to impose an artificial constraint on the consideration of reasonable foreseeability of the relevant ‘loss or damage’ and reasonable steps ‘to avert it’ or ‘to mitigate its extent’.

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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