Judges behaving badly?

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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…

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EU: Your web doctor will see you now – software as a medical device

Patients nowadays have access to an enormous range of medical knowledge through social media, websites and health apps (in combination with wearables). The latter have become increasingly popular in recent years because of their ability to monitor in real time pulse, blood pressure, blood glucose levels and other parameters. Doctors are also intrigued by the […]

Supreme Court upholds ‘no oral variation’ clause

By Emma Davies The Supreme Court’s recent decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24 upheld the validity of a clause that limited the parties’ freedom to vary their contract orally. In reversing the Court of Appeal’s decision to find the ‘no oral variation’ or ‘no oral modification (NOM)’ clause binding, […]

Russia’s enduring love for fake luxury and legal action to take

By David Aylen and Elizaveta Osipchuk When reputable social media platforms are involved, rights holders should contact the social media company first and ask it to remove the account. Fortunately, such companies usually collaborate with brand owners as much as possible and take swift measures to block infringing content (usually within three to five days). However, […]

SmartLaw 2.0: expert insights for the future of law

A few years ago we offered SmartLaw: expert insights for the future of law. As expected, the legal industry has continued to evolve and so must SmartLaw in order to equip firms for the future. We still believe the original SmartLaw key concepts of clients, culture and technology are essential to successful firms, but we now must […]

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