header-logo header-logo

04 February 2016
Issue: 7685 / Categories: Legal News
printer mail-detail

Sisangia ruling restricts civil liberties

A Court of Appeal ruling could restrict legal aid funding for false imprisonment claims, law firm Hodge Jones & Allen has warned.

The decision in in R (oao Sunita Sisangia) v Director of Legal Aid Casework prevents legal aid funding for claims against public bodies unless the claimant can show the defendant intended to act unlawfully or acted dishonestly. Lord Justice Laws held that the police did not deliberately arrest Sisangia unlawfully, therefore legal aid should not have been granted.

Hodge Jones & Allen says the decision applies not just to loss of liberty cases but also claims involving assault, battery and other torts. Sasha Barton, a partner at the firm and solicitor for Sisangia, describes the decision as “a considerable blow for civil liberties in this country”.

She added: “The judge’s suggestion that claimants in Miss Sisangia’s position could find a solicitor to represent them pro bono, under a conditional fee arrangement or represent themselves as a litigant in person, is, with respect, fanciful. Due to other funding changes it is no longer possible in practical terms to fund cases under CFAs unless there is a personal injury element, which in cases like this there are not.”

Issue: 7685 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll