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11 July 2019
Issue: 7848 / Categories: Case law , In Court , Law digest
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Weekly law digests

Contract

Walter Lilly and Co Ltd v Clin [2019] EWHC 945 (TCC), [2019] All ER (D) 133 (Apr)

The claimant construction company’s claim against the defendant employer succeeded, in proceedings concerning a venture to develop two houses in London in a Conservation Area. The Technology and Construction Court held that, among other things, Conservation Area Consent (CAC) had been required, and that the defendant had been in breach of an implied term by failing to use all due diligence to obtain the CAC.

European Union

Línea Directa Aseguradora, SA v Segurcaixa, Sociedad Anónima de Seguros y Reaseguros C-100/18, [2019] All ER (D) 120 (Jun)

A vehicle parked in a private garage of a building which had not been moved for more than 24 hours, used in accordance with its function as a means of transport, had caught fire which had originated in the electrical circuit of that vehicle and had caused damage to that building. In proceedings concerning the reimbursement of the compensation which an insurance company had paid to the owner of the

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MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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