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Weekly law digests

08 August 2019
Issue: 7852 / Categories: Case law , In Court , Law digest
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Disclosure

Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) [2019] UKSC 38, [2019] All ER (D) 161 (Jul)

It was settled law that courts had an inherent jurisdiction to allow access to materials used in the course of court proceedings, based on the constitutional principle of open justice. A non-party seeking access to court documents had to explain why he sought it and how granting access would advance that principle. The Supreme Court so ruled, in dismissing the appellant company’s (Cape’s) appeal, and the respondent’s cross-appeal on behalf of Asbestos Victims Support Groups Forum UK (Forum), concerning how much of the written material placed before the court in earlier proceedings brought against Cape, by certain employers’ insurers, for a contribution in respect of damages paid to the employers’ former employees who had contracted mesothelioma in the course of their employment. Those proceedings had been settled and Forum, which had not been a party in them, had applied for copies of documents used in the proceedings. The

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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