Litigation & ADR

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Landmark Asbestosis Ruling is Good News for Sufferers

29th July 2016
In a landmark asbestosis case, The Court of Appeal recently ruled that asbestosis sufferers could be entitled to proportional compensation from as low as 2.3% from negligent employers, based upon the number of years worked. The historic ruling confirms that proportional compensation is applicable even if the employer’s overall contribution to the condition was minimal […]
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Online 'Lawyerless' Courts Could Provide Disadvantages in Access to Justice

27th July 2016
The Bar Council has responded to Lord Justice Briggs’ Civil Courts Structure Review. Chairman of the Bar, Chantal-Aimée Doerries QC, said: “Efforts to modernise the courts and improve efficiencies in our justice system are essential. It is surely time to make a proper investment in our civil justice system for the future, to provide justice […]
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Judicial Review Judgement Has Wide Reaching Implications Given Ageing Prison Population

27th July 2016
In an important judgment given the ageing prison population, Louis Browne from Exchange Chambers has secured an important judicial review success for the Ministry of Justice at the Royal Courts of Justice. In the case of Zifforah Tyrrell and HM Senior Coroner County Durham and Darlington and The Ministry of Justice, the issue concerned the […]
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Bank Mellat v HM Treasury $4bn Litigation Slated for October

25th July 2016
The Bank Mellat Iranian sanctions litigation, which has been through both the UK Supreme Court and the European Union Court of Justice, is now going back to the High Court to deal with the damages claim. The claim is for $4 billion; the largest claim made against HM Treasury, and is slated to begin in […]
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Joint CLAF Working Group Established for Legal Aid

18th July 2016
The Bar Council, the Chartered Institute of Legal Executives (CILEx) and the Law Society of England and Wales have joined forces to set up a Joint Working Group to examine the viability of a Contingent Legal Aid Fund (CLAF) and make recommendations by the end of the year. A CLAF is a recyclable, pooled fund which […]
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Brexit: UK Businesses & the European Court of Justice (ECJ)

18th July 2016
An increasing number of commercial and business-related disputes are being heard by the European Court of Justice (ECJ) up 20% in the last year to 423, compared to 352 in 2014, according to research from the Legal Business of Thomson Reuters, the world’s leading source of intelligent information for businesses and professionals. However, the Brexit […]
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Immigration Detention in Order to Bring a Prosecution for Non-Cooperation With Removal is Unlawful

12th July 2016
Legal 500 recommended law firm Duncan Lewis Solicitors are pleased to report the recent successful judicial review case of Ibrahim, R v SSHD where it was decided that the use of immigration detention in order to bring a prosecution for non-cooperation with removal is unlawful. The recent Duncan Lewis judicial review case of Ibrahim, R (on the […]
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Court Of Appeal Upholds ISP Blocking Orders Against Counterfeit Websites

6th July 2016
The Court of Appeal has upheld the High Court’s landmark 2014 decisions in Cartier [1] to grant an injunction against internet service providers which required them to block access to certain websites which sell counterfeit goods. The claimants (together ‘Cartier’), are the owners of trade marks for CARTIER and MONTBLANC (used for luxury watches and […]
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Children Need To Be At The Centre Of Family Court Cases

20th June 2016
Section 1 of the Children Act 1989 states that when a court determines any question with respect to the upbringing of a child the child’s welfare shall be the court’s paramount consideration. There are seven statutory factors that the Court is directed to have regard in any Children Act proceedings, one of which is the […]
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Judge’s Ruling Opens Door for Claims for Health Problems Caused by Incest

1st June 2016
A severely disabled man who was born as the result of abuse by a father against his daughter has recently won the right to claim compensation in a landmark legal ruling. The ruling effectively opens the door for people who have genetic disorders because they were born of abusive incestuous relationships to make claims to […]
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