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09 August 2018
Issue: 7805 / Categories: Case law , Law digest , In Court
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Weekly law digests

Child

Ellis (by his Grandmother and Litigation Friend, Titley) v Kelly and another [2018] EWHC 2031 (QB), [2018] All ER (D) 28 (Aug)

The claimant’s brain injury, sustained when aged eight he had been knocked down by the defendant’s car, had arisen from momentary misjudgement on his part balanced against reckless conduct on the part of the defendant, whose driving was outside the claimant’s expectation based on his understanding and experience. Accordingly, the Queen’s Bench Division, rejected the defence of contributory negligence and entered judgment for the claimant on the whole claim, with damages to be assessed on a full liability basis. The court further dismissed the CPR Pt 20 claim against the claimant’s mother.

Company

Re Zinc Hotels (Holdings) Ltd and other companies; Zinc Hotels (Investment) Ltd and another v Beveridge and others [2018] EWHC 1936 (Ch), [2018] All ER (D) 172 (Jul)

Where, as in the present case, administrators had been appointed under para 14 of Sch B1 to the Insolvency Act 1986 by a floating charge-holder, an additional administrator could only

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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