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Rejecting an Uncontroverted Expert’s Report

  • October 8, 2021

In an excoriating dissenting Court of Appeal judgment, Bean LJ profoundly disagreed with his colleagues’ decision to allow the Defendant’s appeal: Peter Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 – Bean LJ, Lady Justice Asplin, Nugee LJ. The…

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Scottish Bills Exceeded Legislative Competence

  • October 7, 2021

The judgment of the Supreme Court yesterday on a reference under section 33 of the Scotland Act 1998 concerned two bills passed by the Scottish Parliament earlier this year: The United Nations Convention on the Rights of the Child (Incorporation)…

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QOCS: No Set-Off for Defendant

  • October 6, 2021

Today the Supreme Court answered the question: Is there jurisdiction in a personal injury claim that attracts the application of Part 44 Section II of the Civil Procedure Rules (CPR), which relates to Qualified One-way Costs Shifting (QOCS), to allow…

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General Propositions of Law not for the Courts

  • September 20, 2021

The Divisional Court fell into error when it made a declaration that the sanction of the court should always be obtained before puberty blockers and cross-sex hormones were prescribed for gender dysphoria in children. It was also wrong to give…

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The Regulatory Dilemma

  • September 15, 2021

There is a tension between the regulated (registrants) and those who present information for investigation (complainants) which is, at times, difficult to reconcile. Being unable to please all of the people all of the time inevitably leads to a situation…

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Freemasons’ Main Aim

  • September 12, 2021

The sole issue for consideration by The Tax Chamber of the First-Tier Tribunal was whether, during the relevant period, the United Grand Lodge of England (UGLE) had aims of a philosophical, philanthropic or civic nature which were, separately or together,…

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Narrow Interpretation of Economic Loss Tort

  • July 2, 2021

A panel of seven Justices of the Supreme Court today unanimously dismissed an appeal by the Secretary of State for Health against a Court of Appeal decision which upheld a decision of Roth J to strike out the claim: Secretary…

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Peaceful Protesters Successful in Supreme Court

  • June 30, 2021

After a District Judge’s dismissal of a charges of wilful obstruction of the Highway without lawful authority or excuse[1], the Divisional Court considered that the Judge’s assessment of the proportionality of the interference with the appellants’ rights under the European…

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