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Masterclass in Mediation on Advocacy

Andrew Goodman has been invited to give a Masterclass on Mediation Advocacy in April at the Mandela Institute, Witwatersrand University, Johannesburg on his forthcoming visit to South Africa, where he is being hosted by the General Council of the Bar of South Africa and the International Advocacy Training Council, where he is delivering seminars on written advocacy...

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CN v Poole Borough Council: Application for Permission to Appeal

The claimants have applied to the Supreme Court for permission to appeal against the decision of the Court of Appeal.  A detailed note on the Court of Appeal’s decision is available here.  The defendant’s solicitors have been told by the Supreme Court Registry that the application for permission will be placed before the justices for their...

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Enforcement of Adjudication Awards in Relation to Oral Construction Contracts. How Hard Can It Be?

Maurice Rifat comments on his recent success in the TCC in the case of Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC).

This was the third Act in the saga that is Dacy Building Services v IDM Properties LLP.

On 6th February 2018 the Judgment of Fraser J in the TCC was handed down in the which he upheld the adjudication award (Act 1) in favour...

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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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