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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

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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