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09 August 2018
Issue: 7805 / Categories: Case law , Law digest , In Court
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Weekly law digests

Child

Ellis (by his Grandmother and Litigation Friend, Titley) v Kelly and another [2018] EWHC 2031 (QB), [2018] All ER (D) 28 (Aug)

The claimant’s brain injury, sustained when aged eight he had been knocked down by the defendant’s car, had arisen from momentary misjudgement on his part balanced against reckless conduct on the part of the defendant, whose driving was outside the claimant’s expectation based on his understanding and experience. Accordingly, the Queen’s Bench Division, rejected the defence of contributory negligence and entered judgment for the claimant on the whole claim, with damages to be assessed on a full liability basis. The court further dismissed the CPR Pt 20 claim against the claimant’s mother.

Company

Re Zinc Hotels (Holdings) Ltd and other companies; Zinc Hotels (Investment) Ltd and another v Beveridge and others [2018] EWHC 1936 (Ch), [2018] All ER (D) 172 (Jul)

Where, as in the present case, administrators had been appointed under para 14 of Sch B1 to the Insolvency Act 1986 by a floating charge-holder, an additional administrator could only be appointed, both on an interim and a final basis, either

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

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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