THIS ISSUE

Issue: Vol 166, Issue 7701

03 June 2016

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IN THIS ISSUE

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Donna Goldsworthy & Andrew Kasapis consider the role of an expert in commercial litigation & banking case

Colm Nugent considers when an unsafe structure does not trigger the landlord’s duty to repair

R (on the application of British American Tobacco Ltd and others) v Secretary of State for Health; R (on the application of Philip Morris Brands SARL and others) v Secretary of State for Health; R (on the application of JT International SA and another) v Secretary of State for Health; and other applications [2016] EWHC 1169 (Admin), [2016] All ER (D) 143 (May)

Jonathan Herring investigates what behaviour amounts to harassment

Barron MP and others v Collins MEP [2016] EWHC 1166 (QB), [2016] All ER (D) 156 (May)

Mark Solon examines new expert witness guidance from the Supreme Court

Linda Monaci & Flora Wood examine the approach to applying malingering diagnostic criteria in cases involving head injury

In the second of two articles, Nicholas Bevan explains why he believes the MIB is liable for defects in the Road Traffic Act

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MOVERS & SHAKERS

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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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

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’

NLJ this week: Family law urged to ditch adversarial instincts

Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients

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Issue: Vol 166, Issue 7701

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Ward Hadaway—Matthew Morton

Thomson Hayton Winkley—Nina Hood