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06 September 2018
Issue: 7807 / Categories: Case law , Law digest , In Court
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Weekly law digests

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Costs

Ashdown and others v Griffin and others [2018] EWCA Civ 1793, [2018] All ER (D) 109 (Aug)

Although it was found that the affairs of the company had been conducted in a manner which was unfairly prejudicial to the interests of the petitioners, the respondents were to be regarded as the ‘successful’ parties within the meaning of CPR 44.2(a). The Court of Appeal, Civil Division, held that the petitioners were to pay the respondents costs to be assessed on the standard basis if not agreed.

European Union

Smith v Meade and others, C-122/17, [2018] All ER (D) 88 (Aug)

EU law, in particular Art 288 of the Treaty on the Functioning of the European Union should be interpreted as meaning that a national court, hearing a dispute between private persons, which found that it was unable to interpret the provisions of its national law that were contrary to a provision of a directive that satisfied all the conditions required for it to produce direct effect in a manner that was compatible with that provision,

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MOVERS & SHAKERS

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Commercial and technology team in Cambridgestrengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

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Latham & Watkins—Sarah Lightdale

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Firm strengthens securities practice with partner return

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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