The broad principles as to how to value what has been lost from bungled litigation have been established for a long time. In assessing what the claimant has lost through his lawyers’ negligence, most commonly in failing to issue a claim within the limitation period, the court does not attempt to try more...

In what is likely to be the leading authority on employment status for years to come, the Supreme Court today has dismissed the appeal of Pimlico Plumbers from the Court of Appeal decision that Mr Smith was a worker and not a self-employed contractor. Mr Smith is a plumber who carried out work for more...

Pimlico Plumbers Ltd & Mullins v Smith [2018] UKSC 29 In what is likely to be the leading authority on employment status for years to come, the Supreme Court today has dismissed the appeal of Pimlico Plumbers from the Court of Appeal decision that Mr Smith was a worker and not a self-employed more...

The out-going President of the Family Division, Sir James Munby, recently delivered a compelling lecture in Liverpool, calling for the creation of an enhanced and re-vamped family court with much wider powers to engage with the many difficulties faced by families in society. With laudable ambition, more...

Can the Children Act 2004 be used to prevent children being dispossessed of their home in circumstances where their parents no longer have any private law right to occupy the home in question? This was the question the Court of Appeal had to address in the case of Davies v Hertfordshire CC [2018] more...

Law Lane Chambers is a modern, diverse, progressive and a rapidly-growing common law set based in the Capital with Barristers that specialises in Immigration, Civil, Commercial, Bankruptcy, Housing, Professional Negligence, Employment, Family and Criminal Law. For More Information on our chambers more...

Avondale Exhibitions v Arthur J Gallagher concerned a claim by a company against its insurance broker arising from an insurer’s decision to decline cover. In giving judgment for the defendant insurance broker, HHJ Keyser Q.C. (i) endorsed the statements of David Steel J in Jones v Environcom Limited more...

Whether allegations of fundamental dishonesty should be determined after discontinuance is subject to a wide and unfettered discretion of the judge, referable only to the circumstances of the case and the overriding objective. There is no requirement within the rules for there to be exceptionality: more...

It is not for me to comment on the particulars of criminal proceedings where I was not present, as much can be lost in translation, especially in Birmingham.  It is foolhardy and often dangerous to sound off when not in possession of the full facts, as appears to have happened recently in a trial more...

In Navigators Insurance Company Ltd and ors v Atlasnavios-Navegacao LDA (formerly Bnavios-Navagecao LDA), the Supreme Court has dismissed an appeal by the insured shipowners challenging the decision by insurers to decline cover to a vessel held by customs authorities in Venezuela due to the more...

Google is back in the limelight, for all the wrong reasons, and by all accounts they are struggling with even the most basic form of protection for their many users.  Their latest problem is the ease with which surfers can discover the identity of rape ‘victims’, aka complainants, if they choose to more...

‘For all professional men a finding of dishonesty lies at the top end of the spectrum of gravity of misconduct’. So said Lord Steyn in 2003 in a case involving a vet claiming to have carried out surgery he had not (Tait v RCVS) . In 2017 it is time to reassess the validity of those words, and not more...

P&P Property Limited v Owen White & Catlin LLP and Dreamvar (UK) Limited v Mishcon de Reya [2018] EWCA Civ. 1082 were conjoined appeals that raised common issues about the liability of solicitors and estate agents in cases involving identity fraud. In both cases a fraudster (“F”) posed as the owner more...

PRIVATE PROSECUTIONS Private prosecutions are undertaken from the very outset when a magistrate’s court information is drafted right through to trial & appeal. Examples of private prosecutions I have been involved in include; • Acting on behalf of a husband when the wife had made false allegations more...

On 15 May 2018 Arnold J. approved the merger of Reed Global Limited, a company incorporated in Malta into Reed Global (UK) Limited, its English subsidiary under the Companies (Cross-border Merger) Regulations 2007. Save for one point, the merger was uncontroversial, with all three employees of the more...

FromCounsel is delighted to announce a further expansion of its content with the addition of another new Q&A section: Prospectus regime. This section provides an overview of the prospectus regime in the UK including: (i) key sources of regulation and the new Prospectus Regulation; (ii) the more...

I will be giving a talk on Fundamental Dishonesty within personal injury litigation at Lamb Chambers on the 24th of May. The talk starts at 5.30 pm. There is no charge for attendance, though places are strictly limited. Most importantly, I am advised by my clerks that wine will be provided more...

In a recently published Commercial Court judgment, which was initially delivered ex tempore in private, Mr Justice Andrew Baker considered a challenge, brought under section 68 of the Arbitration Act 1996 (“the Act”), to a final arbitral award made under the LCIA rules. The claim failed and was more...

Inevitably it will transpire that mistakes will have been made by professionals giving (often very expensive) guidance on GDPR compliance. Their clients will want to consider whether a claim for professional negligence can be made. In this article Neil Hext QC, Stephen Innes and Helen Evans of 4 New more...

Shail Patel of 4 New Square considers the decision of the Upper Tribunal in UK Innovative TI Limited v Financial Conduct Authority [2018] UT 0136 (TCC), confirming that third parties have no statutory rights in relation to supervisory notices issued by the FCA. However, with evident dissatisfaction more...