No crime without malice
In Rees & Ors v Commissioner of Police for the Metropolis  EWCA Civ 1587, the Court of Appeal grappled with the question of whether a police officer had committed the tort of malicious prosecution where, as the trial judge found “…even if his methods are open to criticism, his motive was not”. Further they had to consider whether the...
FCO defeats the first test claim in the Kenyan Emergency Group Litigation
Kimathi & Ors v Foreign and Commonwealth Office  EWHC 2066 (QB)
In what may be one of the longest civil High Court trials (223 days), on 2 August 2018, Stewart J handed down judgment in the first of 25 test cases to be heard to conclusion in the Kenyan Emergency Group Litigation. This claim consists of claims for damages against the UK by over 40,000...
Article 2 Claim Arising Out of Police Shooting Successfully Defended: Joseph and others v Commissioner of Police of the Metropolis
Judgment has today been handed down by the Central London County Court following a seven day trial in claims brought by relatives of Mr Dean Joseph, who was shot dead by an authorised firearms officer of the Metropolitan Police in the early hours of September 5th 2014 in Islington.
Mr Joseph was, at the time, holding his former partner at knifepoint, having...
Inquest touching the death of Nigel Handscomb
The inquest into the death of Nigel Thomas Handscomb has concluded that neglect contributed to his death. Mr Handscomb died on the 21st August 2017 at the age of 65 at University Hospital Lewisham from aspiration pneumonia and bronchopneumonia.
The Coroner found that there were several missed opportunities with respect...
Personal Injury Analysis: Burden of Proof in personal injury is on Claimant
Angus Piper discusses the decision in Carter v Kingswood Learning and Leisure Group Ltd  EWHC 1616 (QB), a reminder of a Claimant’s obligation regarding the burden of proof in personal injury claims, in an article first published on Lexis®PSL Personal Injury on 9 July 2018. Please click here for the article.
Supreme Court: James Bowen & Others -v- The Commissioner of Police of the Metropolis  UKSC40
The Supreme Court has unanimously allowed the appeal in James-Bowen (and Others) (Respondents) v The Commissioner of Police of the Metropolis (Appellant)  UKSC 40.
The Commissioner (Appellant) was represented in the Supreme Court by Andrew Warnock QC and Lisa Dobie. The Supreme Court held that employers / quasi employers do not owe a duty of care to their...
Supreme Court: CN & GN v Poole Borough Council
Today (16th July 2018) The Supreme Court will begin hearing the appeal in CN & GN v Poole Borough Council. This is scheduled for one and a half days.
The defendant is represented by Edward Faulks QC, Paul Stagg and Katie Ayres, instructed by Rob Hams of Wansbroughs.
This appeal will consider the issue of whether the case of D v...
Network Rail Infrastructure Ltd v S Williams & R Waistell
The Court of Appeal has confirmed that damages are recoverable in nuisance for the encroachment of Japanese Knotweed on the neighbouring land. Nicola Atkins acted as a junior counsel (led by Stephen Tromans QC) for the Second Respondent homeowner in an appeal brought by Network Rail.
You can read the full judgment here
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