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13 February 2019
Issue: 7828 / Categories: Case law , In Court , Law digest
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Weekly law digests

Building contract

Ferns and another v West and others [2019] EWHC 141 (TCC), [2019] All ER (D) 17 (Feb)

The point advanced by the defendants, that the adjudication itself and the decision had proceeded against an incorrectly named party, was not only wholly unmeritorious, but was in fact a bad point. Accordingly, the Technology and Construction Court allowed the claimants’ application for summary judgment of an adjudication award.

Children & young persons

R (on the application of AB (by his mother and litigation friend)) v Secretary of State for Justice (Equality and Human Rights Commission intervening) [2019] EWCA Civ 9, [2019] All ER (D) 92 (Jan)

There was no bright line rule that prolonged solitary confinement lasting more than 15 days, in itself, breached Art 3 of the European Convention on Human Rights or any presumption to that effect. Accordingly, the Court of Appeal, Civil Division, dismissed the claimant’s appeal against the judge’s decision that there was no breach of his Art 3 rights and the Secretary of State’s cross-appeal against his decision

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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