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Weekly law digests

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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