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Law Reports

Litigation Letter

: High Court adopts literal interpretation of development agreement; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch), 23 November 2016

: Court of Appeal rejects entitlement to recover overpayment; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Leslie v Farrar Construction Ltd [2016] EWCA Civ 1041, 1 November 2016

: High Court grapples with expert shopping; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Allen Tod Architecture Ltd v Capita Property and Infrastructure Ltd [2016] BLR 592, [2016] EWHC 2171 (TCC), 26 August 2016

: Court of Appeal upholds tobacco packaging regulations; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; R (on the application of British American Tobacco UK Ltd and Others) v Secretary of State for Health [2016] EWCA Civ 1182, 30 November 2016

: Cautionary tale for landlord and tenant disputes; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Stratton and Another v Patel and Another [2016] EWHC 2031 (TCC) and [2016] EWHC 2032 (TCC), 3 August 2016

: Relief from forfeiture granted for contractual licence; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; General Motors UK Ltd v The Manchester Ship Canal Co Ltd [2016] EWHC 2960 (Ch), 30 November 2016

: High Court recasts scope of consequential loss; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm), 17 November 2016

: Supreme Court rewrites test for illegality defence; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Patel v Mirza [2016] 2 Lloyd’s Rep 130, [2016] UKSC 42, 20 July 2016

: Damages for pedestrian reduced for contributory negligence; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Adams v Gibson [2016] EWHC 3209 (QB), 26 October 2016

: Obituary: Gary Slapper, professor of fun and weird cases; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; It was with great sadness that we learned of the sudden passing of Professor Gary Slapper, who was well known both within legal circles and beyond for his passion in promoting a better understanding of the law globally. Professor Slapper’s..

: Right to occupy terminated by failure to repair; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Zas Venture Ltd v Forkner [2016] EWCA Civ 1062, 1 November 2016

: Supreme Court clarifies measure of recovery for victims of motor accidents abroad; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Moreno v The Motor Insurers’ Bureau [2016] UKSC 52, 3 August 2016

: Controversial Brexit decision appealed to Supreme Court; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Earlier in November, three of the most senior judges of the land (Lord Thomas CJ, Lord Etherton MR and Sales LJ) handed down their judgment in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 – the high profile..

: Court of Appeal clarifies Dublin regime; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; NA (Sudan) v Secretary of State for the Home Department; MR (IRAN) v Secretary of State for the Home Department [2016] EWCA Civ 1060, 1 November 2016

: Local authority not required to warn against obvious risks; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Edwards v London Borough of Sutton [2016] EWCA Civ 1005, 12 October 2016

: Court seised when divorce petition is issued; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Thum v Thum [2016] EWHC 2634 (Fam), 21 October 2016

: Maternity Care improvements include proposals for no-fault compensation for birth injuries; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; On 17 October 2016, the Department of Health in England published a strategic document aimed at improving the safety of maternity care in the NHS. The action plan contains measures which it is hoped will improve standards of care and safety in..

: Non-molestation and occupation orders not discharged; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; PF v CF [2016] EWHC 3117 (Fam), 2 December 2016

: Adoption order for Egyptian child granted; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Re Z (A Child: Egyptian fostering UK adoption) [2016] EWHC 2693 (Fam), 23 November 2016

: Defence of no contract prevents enforcement of adjudicator’s decision; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Dacy Building Services Ltd v IDM Properties LLP [2016] EWHC 3007 (TCC), 25 November 2016

: Court of Appeal orders indemnity costs against third-party funders; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Excalibur Ventures LLC v Texas Keystone Inc; Texas Keystone Inc and others v Psari Holdings Ltd and Others [2016] EWCA Civ 1144, 18 November 2016

: Rehearing for financial remedies due to non-disclosure not always from scratch; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; GW v GW [2016] EWHC 3000 (Fam), 23 November 2016

: Treatment for child ordered despite religious objections; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; An NHS Foundation Trust v T [2016] EWHC 2980 (Fam), 18 November 2016

: NHS Litigation Authority launches mediation service; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; On 6 December 2016, the NHS Litigation Authority (NHSLA) launched its new mediation service, following a successful pilot and a public tender. The aim of the service is to help patients who have suffered injuries, their families and also healthcare..

: Family Judge suggests costs orders as cases go along; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Re V (Human Fertilisation And Embryology Act 2008) [2016] Med LR 664, [2016] EWHC 2356 (Fam), 30 September 2016

: ACL poll: Costs budgeting not as effective as intended; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; The Association of Costs Lawyers has conducted a survey of its 117 costs lawyers on the effectiveness of the costs budgeting process, which has been in place for three years. A striking 72% of those surveyed said that solicitors sometimes went over..