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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

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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Flint Bishop managing partner among three top lawyers to quit firm

Flint Bishop’s managing partner Ken Dixon has quit the firm alongside fellow equity partner Zafar Bashir after over 20 years at the Midlands outfit. A statement issued by Flint Bishop said that Dixon and Bashir had “decided to retire from the partnership and leave the firm in order to pursue new opportunities”.  Dixon acted as […]

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Blake Morgan continues expansion with Piper Smith Watton merger

Blake Morgan is merging with London-based firm Piper Smith Watton, nearly a year after the merger of Blake Lapthorn with Morgan Cole.  The merger takes effect on 1 August and will increase Blake Morgan’s number of partners by 12 to 130. It is also set to boost the firm’s annual turnover from £72m to £78m. […]

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Finance directors turning away from overseas firm expansion

Fewer finance directors (FDs) at the UK’s top 100 law firms are looking to expand abroad, with interest in Russia, Central Asia and sub-Saharan Africa particularly falling.  The data collected by Thomson Reuters found 24 per cent of FDs thought overseas expansion was likely, down from 33 per cent last year. Increased sanctions against Russia […]

No5 Chambers represents pregnant woman left brain damaged after NHS operation

Paul Bleasdale QC & Simon Michael of No5 Chambers have represented a pregnant woman left brain damaged after NHS operation, who has now won an £8m compensation payout. The woman was admitted to Salford Royal Hospital for an ectopic pregnancy in 2010. During an operation doctors ruptured her aorta, her heart stopped due to lack […]

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Scotland’s Brodies expands partnership by seven in bumper promotions round

Scottish firm Brodies has made up a record seven lawyers to its partnership at the same time as creating a managing associate position. The partner promotions, which take the firm’s total partnership to 89, have been made across the firm’s practices, with one each in corporate, retail and leisure, disputes, public law, banking and finance, […]

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