The Impact of AI on Law Firms - a 5 Minute Guide
There is no question about it… AI is changing the world. And lawyers are no exception to this.So what opportunities are there for different law firms? And how is generative...
Blog
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What is a protected belief under the Equality Act?
Not it seems a fear of catching Covid! Perhaps that’s not really too much of a surprise? The Equality Act 2010 allows for the protection of philosophical beliefs, and you...
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The court of appeal has been busy!
Every week we go through updates from Lexis Nexis and make notes about changes in the law which will need to be incorporated in our guides as we do the...
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When is dishonesty not dishonest?
Apparently when it is exaggeration! This was the decision in Elgamal v Westminster City Council [2021] and it might be of interest to those studying tort.
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Riches in 2022 tort cases!
Here at Law Answered we go through law updates every week to make sure that we’re keeping up with the law and can update our guides effectively. Some weeks we...
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Damages for the moment when you think you might be about to die
A measure of damages in respect of a tortious claim is for “pain, suffering and loss of amenity”. Does that apply if a person is involved in an accident which...
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What’s the test for what is in a child’s best interest?
Well this is a thorny question and one which attracted our attention on a “back to work” trawl of recent cases ready for our next round of updates. We thought...
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When is a Final Settlement NOT a Final Settlement?
If you’ve studied Tort law, you’ll be aware that claims in negligence must be brought within 6 years. But what if something else happens, years after that claim has been...
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How do you measure damages?
It’s trite law that an entitlement to compensation flows where someone’s negligence has caused you damage. But sometimes things aren’t quite as simple as they seem.
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When is a case time barred?
There have been several decisions regarding limitation periods over this last week and they are worth a quick mention of those of you in the process of studying the LPC....
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Use of a prostitute
Here at Law Answered we have a weekly routine of looking through legal trackers to find new cases and any changes. We log anything interesting to update our guides annually...
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Defective dogs?
It’s been well documented that there’s been an explosion in pet ownership and there’ve been lots of reports of dogs being stolen and then re-sold – a real tragedy for...
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Was it OK to not pay your commercial rent during the pandemic?
If you’re currently studying land law or hoping to build a career based on it you might be interested in the recent decision in Bank of New York Mellon v...
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What’s the difference between a repair and the remedying of a structural defect?
Well if property law is “your thing” there’s recently been a helpful decision on this. If you’re doing an essay question which demands that you consider tenants’ liability under their...
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What is the government's 'Breathing Space' scheme?
There really isn’t much point in litigating to recover debts if you’re not going to be able to get any money at the end of the day. It’s always been...
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What’s the deal on human rights post Brexit?
All of us could be forgiven for being confused about how Brexit has affected human rights protection in the UK. Only last month one prominent Brexiter was criticising the EU...
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Do we all want the vaccine?
What happened when a court was asked to rule on whether the vaccine should be given to an elderly woman suffering from dementia and schizophrenia and lacking capacity to consent...
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What does “proximity” mean?
This isn’t usually a very difficult question, is it? If something is proximate, it is nearby. But what about the concept in relation to tort and people who claim damages...
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Contributory negligence and drunkenness – how does it work?
Most of us find negligence cases interesting – for one thing they’re always relatively accessible and it’s easy (and interesting) to ponder the moral rights and wrongs of what went....
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The law of causation
If you’re an aspiring lawyer you cannot afford to ignore last month’s decision of the Supreme Court in Financial Conduct Authority v Arch Insurance. If you’re looking to be a...
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Covid-19 and limitation periods
Ok, so Covid has affected every single aspect of our lives and has and is causing huge problems with the court systems. There have been outbreaks of Covid emanating from...
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How does the illegality defence work in tortious claims?
The important case of Patel v Mirza [2016] was recently reconsidered in Henderson v Dorset Healthcare Trust [2020] and a knowledge of the recent case could well be worth a...
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Breaching a court order
Are you bent on civil disobedience? What if that means you breach a court order?We’re all lawyers here at Law Answered and sometimes, when we’re looking at law updates we...
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Does post Brexit “Sovereignty” mean that we’re not looking at EU law again?
Well no. It doesn’t! This might come as quite a surprise to some. Since the UK had been a member of the EU for nearly 50 years our laws were...
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What is the test for a successful tortious claim for nervous shock?
Everyone who has studied tort is familiar with the difficulties faced by secondary victims in seeking to make a recovery for psychiatric harm or shock suffered in relation to being...
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Can you go to prison for not paying a debt?
Lots of us remember having to study Charles Dickens books at school and learning that his father had been sent to the debtor’s prison. We probably all vaguely know that...
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When does vicarious / employers’ liability arise?
When a tort is committed by someone without significant wealth or any insurance cover, it is natural that a victim should cast around to see whether any legal personality with...
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What to do if a judge might be biased
Since our judicial system relies on the decision making of people, the possibility of bias can never be entirely excluded. Judges have a duty to determine cases fairly and we...
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New legal tech - Lawya
This article was written by our friends at Lawya.com. Lawya is an example of legal tech, which takes new technology and new approaches to the practice of law to common...
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How much longer are our constitutional rights safe?
A common political tactic is to use a bigger event that is currently distracting the public as cover to release potentially harmful or embarrassing information. Coronavirus is the distraction that...
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When can you get tort damages to fund something not allowed in this country?
Well, surely you can’t. Actually, since Whittington Hospital v xx you can. The Supreme Court has allowed it!
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A reminder: the rule against self-dealing by trustees is very strict indeed!
It’s well worth remembering that the rule on self-dealing by trustees is a lot stricter than the rule on fair dealing. This has been underlined by a recent case which...
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What if your criminal case goes wrong because of your solicitor’s negligence?
It must be fairly common for those convicted of crimes to reckon that their solicitors were to blame for the unfortunate conviction. In those circumstances the idea of taking action...
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Huge changes to Insolvency Law are now force
Many law students will have heard of a key piece of legislation: the Insolvency Act 1986, which is the primary act setting out insolvency procedures and liability for wrongful and...
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Judges can’t be rude!
We update our books every year and in order to do this we have to keep track of change in statute law and important new cases. We have to decide...
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Can courts take action on the basis of an anticipated change in the law?
Normally courts interpret and uphold statutory law as it stands and develop case law according to the doctrine of precedent. These, however, are not exactly normal times, we’ve all been...
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When an injunction can throw you out of a hospital bed! ECHR might not protect you!
Now we all know that hospital beds have been regarded as being at something of a premium recently as the NHS has gathered together all its resources to support the...
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Judicial Review of Land Registry
We’re all pretty familiar with the old adage “caveat emptor” or buyer beware and those studying the LPC will have notes that stress that even after all the record searches...
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Remote Hearings
As the Covid 19 pandemic became increasingly disruptive and deadly in the UK the Courts produced a Protocol Regarding Remote Hearings (dated 26th March 2020). This effectively set a default...
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Vicarious liability in the spotlight
There have been two recent interesting cases on vicarious liability which could well be worth a mention in any coursework you might be doing.
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The difficulty with vicarious liability
Vicarious liability is always an interesting concept.It can be very important for the victim of a tort to establish that an apparent third party is vicariously liable for the acts...
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Coronavirus is affecting every area of the law
We can all see what a massive challenge is being placed on the NHS (and indeed on health services around the world) from Covid 19. But is this health problem...
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Is land law your thing? What about adverse possession?
Land Law is really rather a marmite subject. Students tend to love it or loathe it but one of the areas of the subject with more general appeal is probably...
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Coronavirus and the English Legal System
The last fortnight has seen a rapid escalation of the COVID-19 outbreak in the UK. With this escalation, people in the UK have come to realise the very real effect...
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Who is liable in a tort case?
When someone is injured as a result of the civil fault of another it is quite common for more than one person to be found responsible for the injury. Indeed,...
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How might COVID-19 impact your client’s contractual obligations?
Force Majeure? What does it mean? When does it apply?Force Majeure clauses are utterly standard in substantial contracts and bring an end to parties’ liabilities in the event of a...
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How long is a limitation period?
You probably know that limitation periods apply in respect of litigation proceedings; public policy reasons for this are fairly obvious. Generally applicable periods are either 3 or 6 years, so...
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Covenant for quiet enjoyment
Don’t make a sound – I’ve got a covenant for quiet enjoymentCovenants by landlords to allow tenants quiet enjoyment of premises let to them are pretty standard and there are...