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09 October 2014
Issue: 7625 / Categories: Legal News , Judicial review
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Grayling loses (again)

Justice Secretary Chris Grayling has lost a second judicial review, this time over a decision affecting mesothelioma sufferers.

The High Court held that the Ministry of Justice would be acting unlawfully if it were to include mesothelioma claimants in reforms in the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) without a review and report on the likely impact, in R (on the application of Tony Whitson) v Justice Secretary [2014] EWHC 3044 (Admin).

Under LASPO, personal injury claimants must pay up to 25% of their damages towards their legal costs and insurance premiums. An amendment secured by the House of Lords excluded mesothelioma claims from this change, and required the government to review and report on the likely impact before any move to include them.

Mr Justice William Davis concluded that the government did not conduct a proper review of the likely effects.

Richard Stein, partner at Leigh Day, who brought the judicial review against the decision, said: “This judgment should send a clear message to the government that it has to conform with the laws of the land and cannot ride roughshod over the interests of mesothelioma sufferers and their families to benefit the insurance industry.”

In August 2014, the Justice Select Committee expressed surprise over a secret heads of agreement document between the government and the insurance industry, concerning mesothelioma, which was not disclosed to other parties. In September, the High Court ruled that Chris Grayling had failed to consult properly on duty solicitor reforms by withholding two key reports.

Issue: 7625 / Categories: Legal News , Judicial review
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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