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THIS ISSUE
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Issue: Vol 163, Issue 7587

06 December 2013
IN THIS ISSUE

New beginnings—or old history? Diane Parker examines the recent reforms to civil proceedings

Cross-border commuters struggle to illuminate the law. Charles Pigott reports

Confidentiality, privacy & disclosure: David Burrows revisits Tchenguiz in the first of two articles

The Supreme Court’s ruling that a school’s duty of care to a pupil is non-delegable is a significant development in tort, says Catherine Leech

John de Waal QC reports on an unsettling decision on the validity of contractual notices

There is a growing trend for courts to make awards of exemplary damages in civil claims where fraud is proven, as Anthony Johnson reports

BAT Industries PLC v Windward Prospects Ltd [2013] EWHC 3612 (Comm), [2013] All ER (D) 265 (Nov)

Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov)

Cavendish Square Holdings BV and another company v Makdessi [2013] EWCA Civ 1539, [2013] All ER (D) 290 (Nov)

Constantinides v Constantinides [2013] EWHC 3688 (Fam), [2013] All ER (D) 336 (Nov)

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Results
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Results

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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