THIS ISSUE
John Cooper KC on why there is no quick fix to the crisis within our prisons
A recent case clarifies the ‘human habitation’ test & sets out the remedies, writes Professor Sukhninder Panesar
A Court of Appeal ruling shows that a failed nuisance claim may still leave a neighbour liable in negligence where foreseeable harm could readily have been avoided
With Cheshire West overturned, Laura Davidson considers whether a more flexible approach to deprivation of liberty comes at the cost of vital safeguards
The government has stepped back from a proposed early-release exclusion limited to unlawful act manslaughter, opting instead to exclude all manslaughter sentences
Six months of jeopardy for bosses; Property tribunals need you!; Unreasonable behaviour knock; Reserve fund victory.
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
MOVERS & SHAKERS
Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont
Trio of recruits strengthens Switalskis residential property team
Ward Hadaway—Steven Hayward
Birmingham law firm appoints construction partner
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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