THIS ISSUE
This long-disputed question finally has an answer, writes Jeremy Clarke-Williams
What happens when a regulated mortgage contract is breached? A recent Supreme Court decision gives some welcome guidance, write Cecily Crampin & Caroline Shea KC
It’s time to improve the Office of the Public Guardian register, writes Ann Stanyer
Claudia Salomon explores the economic implications of the justice gap
The personal injury discount rate in Scotland and Northern Ireland: Julian Chamberlayne, Professor Victoria Wass & Chris Daykin query the basis of the calculation
Mark Pawlowski on when a promise becomes a declaration of trust
David Bloom on how to treat embargoed judgments & avoid contempt proceedings
Yasmin Batliwala highlights the extraordinary work of A4ID in projects across the world
Sexual harassment law in; Evidence from abroad; Cladding clarifications; Court lists to look odder; FPR changes; The perils of statement drafting; And going to court!
MOVERS & SHAKERS
Freeths—Rachel Crosier
Projects and rail practices strengthened by director hire in London
DWF—Stephen Hickling
Real estate team in Birmingham welcomes back returning partner
Ward Hadaway—44 appointments
Firm invests in national growth with 44 appointments across five offices
NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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