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Weekly law digests

29 November 2018
Issue: 7819 / Categories: Case law , Law digest , In Court
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Building contract

S&T(UK) Ltd v Grove Developments Ltd [2018] EWCA Civ 2448, [2018] All ER (D) 84 (Nov)

In a payment dispute relating to a JCT design and build contract 2011, the judge had not erred in holding, among other things, that the respondent employer’s purported pay less notice complied with contractual requirements. Accordingly, the Court of Appeal, Civil Division, dismissed the appellant contractor’s appeal. The court also gave guidance on whether an employer was entitled to pursue a claim in adjudication to determine the correct value of the works on the date of an interim application, notwithstanding that there was no valid pay less notice.

Children & young persons

Hertfordshire County Council v T and others [2018] EWHC 2796 (Fam), [2018] All ER (D) 156 (Aug)

The applicant local authority was successful in its application for full care orders in respect of both of the respondent mother’s children who had suffered physical, emotional, psychological and sexual abuse at the hands of both parents. The Family Division held that the threshold criteria pursuant

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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
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