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27 April 2018
Issue: 7790 / Categories: Case law , Law digest , In Court
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Weekly law digests

Costs—Appeal

Surrey (A Child and Protected Party, by his Litigation Friend, Surrey) v Barnet and Chase Farm Hospitals NHS Trust; AH (A Protected Party, by her Litigation Friend, XXX) v Lewisham Healthcare NHS Trust; Yesil (A Child and Protected Party, by his Litigation Friend, Yesil) v Doncaster and Bassetlaw Hospitals NHS Foundation Trust [2018] EWCA Civ 451 [2018] All ER (D) 25 (Apr)

The changed funding arrangements, from legal aid to Conditional Funding Arrangements, were not reasonable on the basis that the litigation friends had agreed to the change without having been told that the consequence would be the ‘loss’ of a 10% uplift. The Court of Appeal, Civil Division, accordingly allowed the appeal from the decision of the Queen’s Bench Division.

Costs—Order for costs

NHS Dorset Clinical Commissioning Group v LB (by her litigation friend, the Official Solicitor) and another [2018] EWCOP 7 [2018] All ER (D) 07 (Apr)

The present was not an appropriate case for an order for costs against the applicant for what were intended to be test cases, seeking clarification of the law concerning the deprivation of liberty of mentally

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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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