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25 June 2010 / Ian Smith
Issue: 7423 / Categories: Features , Employment
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New rules for old?

Ian Smith reports on a case which could open up a pallet of worms

Every now and then when reading a case you start to feel, in the words of that great Irish jurist Terry Wogan, “Is it me?”. In other words, is it genuinely strange, or am I missing something?

The most positive thing to say about Edwards v Chesterfield Royal Hospital Trust [2010] EWCA Civ 571, [2010] All ER (D) 247 (May) is that permission is being sought to appeal to the Supreme Court; it is to be hoped that it will be granted because as it stands this decision could open up a veritable pallet of cans of worms, without it being too obvious on what basis.

To be fair, one problem was that the appeal took the form of an appeal against a striking out application (rather than a final judgment on the facts) which can often complicate matters and, moreover, it appears that the original grounds of appeal (on whether Art 6 of the European Convention on Human Rights could be used to reappraise certain longstanding limitations on

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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