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

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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

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NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
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NLJ this week: CPR tweak closes third-party disclosure gap
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
NLJ this week: Court of Appeals wrestles with Mazur fallout
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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