THIS ISSUE
In tort, quantifying the extent of financial loss is a complex task for the courts. In this week’s NLJ, Ian Gascoigne, dispute resolution solicitor at LexisNexis, looks at the role played by the judge in such a case, considering caselaw and the many factors that must be taken into account.
Litigation funding is evolving beyond single-case litigation, Maurice MacSweeney, director of legal finance & sales planning at Harbour, writes in this week’s NLJ.
Ten years after LASPO—what’s the damage? In his column in this week’s NLJ, Jon Robins, vice chair of the Legal Action Group, assesses the state of access to justice in England and Wales, and finds it wanting.
Could a legal claim for reparations for the transatlantic slave trade succeed? Thomas Roe KC of 3 Hare Court considers a range of possibilities and potential obstacles to such a claim, in this week’s NLJ.
A decade after the ruinous cuts brought about by LASPO 2012, what is the extent of the impact on the legal aid sector? Jon Robins surveys the wreckage
Clare Williams provides a practical guide to the court’s options for civil restraint orders in family practice
Private nuisance, from overlooking to knotweed: what is the remedy? Andrew Francis presents a property drama in five acts
How can the courts determine the extent of economic loss due to financial downturns in a tort claim? Ian Gascoigne discusses the challenges of striking the right balance
In the absence of a formal written agreement, how will the courts determine ‘reasonable notice’ for termination? Anna Lancy & Robert Strang consider the key factors
Michael Zander on how the Government’s U-turn was greeted by the House of Lords at the Report stage of the Bill
MOVERS & SHAKERS
Boies Schiller Flexner—Tim Smyth
Firm promotes London international arbitration specialist to partnership
Katten Muchin Rosenman—James Davison & Victoria Procter
Firm bolsters restructuring practice with senior London hires
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HFW—Guy Marrison
Global aviation disputes practice boosted by London partner hire
NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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