Claudia’s Law: still waiting for help for families of missing people

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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 […]

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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…

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‘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…

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India: The age of telephony has arrived

On 19 June 2018, the Department of Telecommunications, Government of India (DoT) finally provided its nod to several key recommendations (Recommendations) made by the Telecom Regulatory Authority of India (TRAI) on the Regulatory Framework for Internet Telephony in October 2017. DoT has released a clarification (Clarification) and certain amendments to existing licenses (Amendment), both of […]

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Adjudication Matters – July 2018

The Courts have re-affirmed that, despite a contract containing an express right of set-off, it is only in exceptional circumstances that a party will be entitled to set-off another claim against an Adjudicator’s award. This case serves as a helpful reminder that a right to set-off is unlikely to apply to an Adjudicator’s decision. The […]

Two EU regulations on UCITS/AIFMD asset segregation requirements for depositaries upon delegation

On 12 July 2018, the European Commission adopted two delegated regulations supplementing the Alternative Investment Fund Managers Directive (AIFMD) and the Undertaking for Collective Investment in Transferable Securities Directive (UCITS) on the safekeeping of assets by depositaries and their delegates. Their main purpose is to eliminate discrepancies among different national regulations. The following aspects will […]

Sleeping time is not working time says Court of Appeal

By Siobhan Fitzgerald The social care sector is breathing a sigh of relief after the Court of Appeal in Royal Mencap Society v Tomlinson-Blake reversed previous cases and decided that only time spent awake and working should be counted as working time for the purposes of calculating the national minimum wage.

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