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04 February 2016
Issue: 7685 / Categories: Legal News
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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
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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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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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