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29 March 2024
Issue: 8065 / Categories: Case law , In Court , Law digest
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Law digests: 29 March & 5 April 2024

Compensation

R (on the application of AXO (a child) (by her litigation friend)) v First- Tier Tribunal (Social Entitlement Chamber) and another [2024] EWCA Civ 226, [2024] All ER (D) 74 (Mar)

The Court of Appeal, Civil Division, ruled on the appellant’s appeal against the UT’s decision to permit the Criminal Injuries Compensation Authority (CICA) to reclaim a settlement award. The appellant’s mother had been subjected to domestic abuse by her ex-partner. The appellant was five years old when her mother was murdered by her ex-partner. The appellant had been awarded by the CICA for compensation. The appellant sought damages under the Human Rights Act 1998 against three state agencies for breach of arts 2 and 3 of the ECHR. The state defendants offered to settle for £15,000, with £10,000 of that amount related to the appellant’s claim for breach of art 2 and £5,000 for breach of art 3. CICA sought repayment of part of the CICA compensation out of the HRA damages asserting that the HRA damages had been paid ‘in respect of the same injury’ applying the

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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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