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Japanese Knotweed and private nuisance: Network Rail Infrastructure Ltd v Williams

By Howard Leithead Court of Appeal clarifies that, where Japanese knotweed is encroaching on their land, landowners do not have to wait until physical damage to their properties occurs before bringing an actionable claim in private nuisance. The judgment brings clarity to the law of private nuisance; the implications extend far beyond Japanese knotweed to […]

Disability related error of judgment amounts to discrimination arising from disability

By Irvine Maccabe Following a line of decisions in the Employment Appeal Tribunal, the Court of Appeal in City of York v P J Grosset [2018] EWCA Civ 1105 so held. Stating it very briefly, Mr Grosset was a teacher disabled by reason of cystic fibrosis, a life threating and life-shortening condition. The school knew he […]

Valued landscapes: A legal perspective

By Peter Goatley “Valued landscapes” have become a frequent and significant feature in planning decision making since the advent of the National Planning Policy Framework (the “NPPF”). Previous Policy…

Planning permission quashed due to failure to apply public sector equality duty

By Peter Goatley In R (o.a.o Peter Buckley (on behalf of Foxhill Residents’ Association)) v Bath & North East Somerset Council & Curo Places Ltd [2018] EWHC 1551 (Admin) Lewis J quashed the decision by BANES to grant outline planning permission to demolish and redevelop part of a residential estate because due regard had not been […]

‘Bolam is dead, long live Bolam’

By Dr Simon Fox QC As a doctor transferring from medicine to law 25 years ago, I was struck by the illogicality of the Bolam test, in that it seemed to me that it couldn’t logically be applied to many circumstances of medical negligence…

Latest Briefings

Russian restrictions for VPNs and anonymisers

By Meldir Erbulekova On July 29 2017 the Law on Amendments to the Law on Information, Information Technologies and Protection of Information (Federal Law 276 FZ) was adopted. The new law provides for the regulation of VPNs and other technologies (known as ‘anonymisers’) that allow users to surf the Internet anonymously. The new legal framework […]

Russian patents: Rospatent fee-based extradited examination

By Maria Aronikova On October 5 2017 the Russian Patent and Trademark Office (Rospatent) officially announced that expedited examination will be available for all applications. Rospatent had abrogated its former expedited examination practice in 2012. Since then, patent law has allowed accelerated examination through the Patent Prosecution Highway (PPH) system…

National minimum wage and ‘sleep-in’ shifts

By Connie Cliff and Martin Chitty Treatment of “sleep­in” shifts for national minimum wage (NMW) purposes is an area that can often cause confusion. Where a worker is required to work a number of sleep­in night shifts at the employer’s premises, and be available in case of an emergency, does the full night shift constitute ‘working’ […]

3D printing – planning law, policy and procedures

It was recently reported that a family in Nantes, France has become the first in the world to move into a 3D­ printed house. The four­-bedroom property is a prototype for bigger projects aiming to make housebuilding quicker and cheaper. In our Planning 2020 white paper, we approached 100 senior decision makers working in the […]

Clarity on Russian cryptocurrency and crowdfunding

By Meldir Erbulekova and Yulia Yarnykh From Russian rapper Basta launching his own cryptocurrency in December 2017 to top businesses exploring initial coin offerings (ICOs) and other alternative funding models, the Russian market is investing rapidly in blockchain technology and fintech…

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Shoosmiths advises family business on major retail purchase

The corporate and real estate teams at Shoosmiths Manchester have advised Lancashire-based James Hall and Company Limited on the purchase of North East Convenience Stores Limited. The deal saw James Hall and Company Limited purchase the entire issued share capital of North East Convenience Stores Limited, which operates 30 shops under the Nisa and Bargain […]

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