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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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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