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THIS ISSUE
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Issue: Vol 164, Issue 7590

17 January 2014
IN THIS ISSUE

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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

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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