United Kingdom: Court Procedure

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Article
Expert Witness View Rejected Due To Failure To Consider The Range Of Opinions
The High Court has rejected expert testimony in a clinical negligence case where the expert failed to consider the full range of accommodation options and their respective advantages and disadvantages. This decision serves as a critical reminder that experts must address the spectrum of reasonable opinions on contested matters, not merely advocate for a single position that favors their instructing party.
United Kingdom Litigation
BS
Burges Salmon
Article
How Drink Driving Sentencing Guidelines Work In Practice
Magistrates' Courts follow structured sentencing guidelines when determining penalties for drink driving offences, with alcohol readings establishing initial categories that are then adjusted based on aggravating factors, mitigating circumstances, previous convictions and guilty plea credit. The court must balance consistency with individual case circumstances when deciding between fines, community orders, custodial sentences and the length of driving bans, while also considering special reasons arguments a
United Kingdom Criminal
JS
JMW Solicitors LLP
Article
UK Data Protection Consent: State Of Mind Is Irrelevant—does This Change Practice?
The UK Court of Appeal has clarified the test for valid consent under GDPR, ruling that an objective approach should be taken rather than examining an individual's subjective state of mind. This decision has significant implications for how data controllers assess consent from vulnerable individuals, particularly in sectors like online gambling where addiction concerns arise.
United Kingdom Privacy
AO
A&O Shearman
Article
How Do You Complete A Section 172 Notice Form Correctly?
Understanding how to respond to a Section 172 notice is crucial for anyone involved in an alleged road traffic offence. This comprehensive guide explains the legal requirements for identifying the driver, the information you must provide, and the serious consequences of failing to comply correctly. Learn what steps to take if you cannot identify who was driving and when you should seek legal advice to protect your position.
United Kingdom Criminal
JS
JMW Solicitors LLP
Article
Time Limits For Challenging Arbitral Awards: What E v F Confirms About Late Amendments
The Commercial Court's decision in E v F confirms that filing a challenge to an arbitral award within the statutory 28-day window does not permit parties to substantially amend that challenge months later. When a State attempted to amend its challenge 162 days after the award was issued, the court refused permission, emphasizing that the strict time limits apply equally to amendments as to original challenges.
United Kingdom Litigation
BL
Barnes Law
Article
What A Drink Driving Conviction Means For Your Record
A drink driving conviction creates both a criminal record and a driving record endorsement, each with different retention periods and disclosure requirements. Understanding when convictions become spent, how long endorsements remain visible, and what must be disclosed to employers, insurers and overseas authorities is essential for managing the long-term consequences of a drink driving offence.
United Kingdom Criminal
JS
JMW Solicitors LLP
Article
How To Protect Your Children When Divorcing Someone With Controlling Or Narcissistic Traits
When separating from a partner whose behaviour feels controlling or emotionally harmful, many parents struggle with how to protect their children during divorce proceedings. The family court focuses not on psychological labels but on evidence of behaviour patterns and their impact on children's welfare. Understanding how to document concerns, establish safe boundaries...
United Kingdom Family
JS
JMW Solicitors LLP
Article
The Dangers Of Speculation And Optimistic Guesswork: The Court’s Approach To Fact-finding And Inference In The Unlawful Information Gathering Claims As Has Been Widely Reported, The Claim Recently Brought By Prince Harry And Six Other Well-known Individuals Against Associated... Article 9 September 2026
A detailed analysis of the recent Prince Harry privacy claim judgment reveals crucial insights into how courts evaluate allegations of wrongdoing when direct evidence is limited. The case demonstrates the high evidential burden required to prove serious allegations through inference, the importance of proper witness statement procedures, and the severe cost consequences of pursuing speculative claims based on insufficient evidence.
United Kingdom Litigation
M
Macfarlanes LLP
Article
"It Is Difficult To Overstate How Unusual The Facts Of This Case Are": Macfarlanes Obtains £12.6m Injunction For Dignity Funerals Over Trust Funds Paid To Pride Planning
Macfarlanes has secured proprietary injunctions over £12.6 million in assets following what a judge described as a "remarkable" settlement process involving Pride Planning and trustees of a funeral plan trust. The case centers on allegations that trustees breached their fiduciary duties by rapidly settling a claim and transferring all trust assets to Pride Planning, leaving nothing for customers who had not transferred to Dignity. The court found a good arguable case that the settlement constituted a b
United Kingdom Commercial
M
Macfarlanes LLP
Article
Court Of Appeal Narrows ‘box-shifting’ Loophole On Empty Property Rates
A recent Court of Appeal ruling has significantly narrowed the 'box-shifting' loophole that landlords have used to reduce business rates on empty commercial properties. The judgment in City of London Corporation v 48th Street Holdings Ltd challenges artificial occupation arrangements, potentially creating financial difficulties for landlords who have relied on these schemes.
United Kingdom Real Estate
Thrings LLP
Article
No Answer, No Entry: Tips For Landlords When Requests For Entry To A Property Are Refused And/or Ignored
When tenants refuse or ignore landlord requests for property access, can landlords simply force entry, or must they navigate a complex legal process? This article examines the practical and legal steps landlords must take when faced with uncooperative tenants, from exhausting preliminary measures to applying for court-ordered access injunctions.
United Kingdom Real Estate
TW
Taylor Walton
Article
Collateral Use Of Documents – What Is It And What You Need To Know When Disclosing Documents
When parties disclose documents in court proceedings, those documents are generally protected from being used for any other purpose outside the immediate case. This protection, known as the collateral undertaking, is embedded in civil procedure rules but is not absolute. Recent case law explores the boundaries of when courts will grant permission to use disclosed documents in other proceedings...
United Kingdom Litigation
BS
Burges Salmon
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