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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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