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31 October 2019
Issue: 7862 / Categories: Case law , In Court , Law digest
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Weekly law digests

Costs

Brown v Metropolitan Police Commissioner and another (Equality and Human Rights Commission intervening) [2019] EWCA Civ 1724, [2019] All ER (D) 124 (Oct)

The judge had been right to hold that, because the present case was a mixed claim, in that it had included claims for damages for matters unconnected to personal injury, as well as a claim for personal injury damages, one of the express exceptions to the qualified one-way costs shifting (QOCS) regime contained in CPR 44.16(2)(b) was triggered with the effect that the automatic costs protection arising under the QOCS regime fell away and costs remained a matter for the court. The Court of Appeal, Civil Division, dismissing the appeal, held that the judge had been right to find that, in circumstances where the appellant's personal injury claims had been dismissed but she had succeeded in non-personal injury claims, the QOCS regime had not been applicable.

Defamation

Al Sadik (also known as Al Sadek and Sadik) v Sadik [2019] EWHC 2717 (QB), [2019] All ER (D) 116 (Oct)

A failure by a defamation defendant to follow the procedure

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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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