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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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