header-logo header-logo

Weekly law digests

28 November 2019
Issue: 7866 / Categories: In court , Case law , In Court , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll