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24 January 2019
Issue: 7825 / Categories: Case law , In Court , Law digest
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Weekly law digests

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Criminal law

Gerber v Commissioner of Police of the Metropolis [2018] EWHC 3549 (QB), [2019] All ER (D) 52 (Jan)

The claimant’s appeal against a decision to dismiss his claim for assault and false imprisonment against the defendant was dismissed. The Queen’s Bench Division found that the judge had not erred in law in deciding there were no disputed issues of fact that the jury was required to determine and in discharging the jury without them having returned a verdict, nor in dismissing the claimant’s claim in favour of the defendant in the circumstances.

Employment

Hyperama plc v Poulis and another [2018] EWHC 3483 (QB), [2019] All ER (D) 53 (Jan)

The claimant succeeded in its application for injunctive relief against the defendants, requiring them to deliver up various property on their doorsteps. The Queen’s Bench Division held that the relief sought was justified in the circumstances, as the potential damage to the claimants could be very serious; there was clear evidence that the defendants had electronic copies of a substantial amount of the claimant’s

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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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