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Francesca O’Neill successful in £5.5 million High Court strike out

Following on from Chambers’ success in the authoritative CN v Poole case, Francesca O'Neill was successful in persuading the High Court to uphold Master Eastman’s order to strike out this claim for damages of £5.5 million resulting from alleged breaches of the Human Rights Act. Master Eastman had held that the proceedings were an abuse of process and...

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Kimathi v Foreign Commonwealth Office Queen's Bench Division, [2017] EWHC 3379 (QB)

On 20 December Stewart J handed down a significant judgment on Parliamentary privilege in the on-going Kenyan Emergency Group Litigation: claims arising out of the “Mau Mau” insurgency between 1952 to 1960. The judge accepted the Defendant’s contentions that the test claimants could not rely on Hansard to prove that facts mentioned by a Member of...

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CN v Poole Borough Council - Briefing Note on the Decision of the Court of Appeal

CN v Poole Borough Council

Briefing Note on the Decision of the Court of Appeal

On December 21st 2017, the Court of Appeal handed down its judgment in CN v Poole Borough Council. This briefing note explains this decision, which is of importance to all those involved in litigating claims in negligence against local social services authorities, and considers its...

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Hughes Holland v BPE Solicitors [2017] UKSC 21

This was an appeal concerning the correct approach to damages where a client incurred loss in a transaction that, but for his advisor’s negligence he would not have entered into, but as a result of risks which it was no part of the advisor’s duty to protect against.

Mr Little approached Mr Gabriel asking for a loan of £200,000 (“the...

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Construction Negligence: an overview of 2017

The end of the year lends itself to a time of reflection, and similarly to case-law reviews. As I pick which professional – from social workers to solicitors – to focus upon, I return to that reliable source of litigation: Construction. 2017 has been another year which illustrated that there is still uncertainty in this field/minefield but, perhaps...

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A point of principle: the Supreme Court clarifies the "but for" test

Tiuta International Limited (in liquidation) (Respondent) v De Villiers Surveyors Limited (Appellant) [2017] UKSC 77

  1. In a tightly drawn 15 paragraph judgment, delivered last week, Lord Sumption overturned the decision of Moore Bick LJ in the Court of Appeal, and restored the first instance decision of Timothy Fancourt QC, sitting as a Deputy High Court judge. The...
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C N v Poole Borough Council

Judgment in the case of CN v Poole Borough Council (Edward Faulks QC& Paul Stagg) for Defendant/Appellant) will be handed down on Thursday 21st December 2017 at 9.45am – A full note on the implications of the Judgment will be available after the Judgment is handed down

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Chancery Master: Appointment - Karen Shuman

We are delighted to announce that The Queen has appointed to be a Master of the Chancery Division on the advice of the Lord Chancellor, the Right Honourable David Lidington MP and the Lord Chief Justice of England and Wales, the Right Honourable Sir Ian Burnett.

The Lord Chief Justice has deployed her to the Royal Courts of Justice with effect...

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