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28 November 2019
Issue: 7866 / Categories: In court , Case law , In Court , Law digest
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Weekly law digests

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Conflict of laws

C v C (Jersey) [2019] UKPC 40, [2019] All ER (D) 49 (Nov)

The Court of Appeal of Jersey had not erred in upholding a finding that the appellant make periodical payments in respect of a child despite an agreement by the mother that he was not the child’s father. The Privy Council, in dismissing the appeal, held that the Court of Appeal had been right to recognise the Latvian court’s declaration that the appellant was the father of the respondent mother’s child that had established the appellant’s paternity.

Costs

Burnden Holdings (UK) Ltd (in liquidation) and another v Fielding and another [2019] EWHC 2995 (Ch), [2019] All ER (D) 91 (Nov)

In all the circumstances of the case, the just course was to apply a cap on the liability of the second respondent firm of the second claimant liquidator to pay any part of the defendants’ costs equal to the amount of funding it had contributed, namely in the amount of £478,265. The Chancery Division further held

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MOVERS & SHAKERS

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NLJ Career Profile: Ling Ong, London Market FOIL

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Ling Ong, partner at Weightmans and president of London Market FOIL, discusses her biggest inspirations, the challenges of AI and the importance of tackling unconscious bias

DWF—Imogen Francis

DWF—Imogen Francis

Director and head of IP team joins in Birmingham

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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