THIS ISSUE

Issue: Vol 164, Issue 7590

17 January 2014

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IN THIS ISSUE

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Jon Robins observes the fallout from the recent legal aid protests

Are the Family Procedure Rules 2010 an Alsatian mongrel of dubious legality, asks David Burrows

Is it now easier for landlords to obtain possession from assured shorthold tenants? Nathaniel Duckworth & Daniel Robinson report

Keith Patten welcomes useful guidance about the role of foreseeability in the determination of breach of duty of care

Keith Davies examines the court’s approach to the right to protest on public land

David Finnerty provides advice on how to avoid a professional negligence claim in a contested probate case

Is mediation the key to solving MCA 2005 “best interests” disputes, asks Russell Caller

Samuda v Secretary of State for Work and Pensions and another [2014] EWCA Civ 1, [2014] All ER (D) 03 (Jan)

Gray v Smith and others [2013] EWHC 4136 (Comm), [2013] All ER (D) 237 (Dec)

Dar Al Arkan Real Estate Development Company (c) and another v Al-Sayed Bader Hashim Al-Refai and others [2013] EWHC 4112 (Comm), [2014] All ER (D) 07 (Jan)

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MOVERS & SHAKERS

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London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS

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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

Your magistrates’ court needs you!

Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’

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Issue: Vol 164, Issue 7590

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

Kingsley Napley—Kirsty Churm & Olivia Stiles

Foot Anstey—five promotions