D was disqualified from driving for two years but, around 18 months later, breached that disqualification by driving a rented Audi Q7 car. He pleaded guilty to driving while disqualified (and to two further offences of possessing an offensive weapon and affray). The judge sentenced him to four months’ imprisonment for the driving offence and …
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The presence of Japanese knotweed on property and the damage that it can cause is rarely out of the news headlines, so all property lawyers should consider a judgment on liability recently handed down by the SC. The press summary is as follows: ‘Background to the Appeal This appeal concerns the tort of private nuisance …
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When an adult is sentenced for sex offences committed as a child, the starting point is the sentence likely to have been imposed if sentenced shortly after the offence – a principle established in R v Ahmed [2023] EWCA Crim 281. At issue in this case was whether the sentencing court should also take account …
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The SC has heard an important case in which the following was considered: can an individual make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence? The SC case summary is as follows: ‘Background to the Appeals The claimants …
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The judge’s legal directions contained fundamental and material misdirections of law and D’s conviction for manslaughter was unsafe and was quashed. D was convicted of manslaughter and sentenced to three years in prison. In summary, D was 46 and she suffered from cerebral palsy. At the time of the incident, D was walking along part …
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The SC has considered an interesting case in a PI context regarding whether and (if so) in what circumstances can the court evaluate and reject what is described as an ‘uncontroverted’ expert’s report? The SC case summary is as follows: ‘Background to the Appeal This appeal concerns the question of when a trial judge can …
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The EAT has heard a case regarding parental leave, which opens with the following interesting statement from the judge: ‘An employee is protected against being dismissed because s/he took parental leave. An employee is also protected if s/he “sought” to take parental leave. Well, at least, in broad terms. The provisions are something of a …
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All those working in law firms understand the importance of robust due diligence on their clients. The SRA has recently rebuked a chartered legal executive for failing to complete the relevant client identification checks when acting for his client. An extract from the SRA’s report on the matter is as follows: ‘2. Summary of Facts …
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The EAT has heard a case relating to its new powers to extend time. The case summary is as follows: ‘PRACTICE AND PROCEDURE, JURISDICTIONAL/TIME POINTS The 2023 amendment of the EAT Rules introduced a new power for the EAT to extend time where a minor error to submit relevant documents with the Notice of Appeal …
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SRA regulated solicitors might be interested to note that the Law Society has released guidance. They state that: ‘We break down what continuing competence for solicitors is, while outlining how to identify your learning needs and remain compliant. This guide covers: overview of continuing competence who must comply SRA competence statement meeting the requirements identifying …
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