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Weekly law digests

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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