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22 November 2019
Categories: Case law , In Court , Law digest
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Weekly law digests

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Civil litigation
Bailey and others v GlaxoSmithKline [2019] EWCA Civ 1924, [2019] All ER (D) 65 (Nov)

In a group action by the claimants against the defendant pharmaceutical company concerning an antidepressant drug, Seroxat, alleged to be defective under s 3 of the Consumer Protection Act 1987, the Court of Appeal, Civil Division, dismissed the claimants appeal against a preliminary ruling of the Queen’s Bench Division. The appeal court ruled that the claimants had not been entitled to put their case on a risk/benefit basis at the start of the trial, as previous case management rulings had held that the case was to be based on ‘the worst in the class’ scenario basis.

Contempt of court
Jet 2 Holidays Ltd v Hughes and another [2019] EWCA Civ 1858, [2019] All ER (D) 66 (Nov)

A witness statement, verified by a statement of truth, made by a prospective claimant before the commencement of proceedings, in purported compliance with a pre-action protocol, could give rise to contempt and be the subject of an application for committal

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MOVERS & SHAKERS

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NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Wedlake Bell—Rebecca Christie

Wedlake Bell—Rebecca Christie

Firm welcomes partner with specialist expertise in family and art law

Birketts—Álvaro Aznar

Birketts—Álvaro Aznar

Dual-qualified partner joins international private client team

NEWS
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NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
NLJ this week: 40% penalty for coercive control
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
NLJ this week: Mbappé row spotlights ‘ethics bonuses’
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
NLJ this week: CPR tweak closes third-party disclosure gap
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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