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16 August 2018
Issue: 7806 / Categories: Case law , Law digest , In Court
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Weekly law digests

Compensation

JT v First-Tier Tribunal (Equality and Human Rights Commission intervening) [2018] EWCA Civ 1735, [2018] All ER (D) 15 (Aug)

Paragraph 19 of the Criminal Injuries Compensation Scheme 2012, which prevented the appellant from being paid compensation for criminal injuries sustained prior to 1 October 1979 when she had been living with her assailant as members of the same family, was incompatible with her rights under Art 14 in conjunction with Art 1 of the First Protocol to, the European Convention on Human Rights. In allowing the appellant’s appeal, the Court of Appeal, Civil Division, declared that the appellant was not prevented from being paid an award of compensation under the scheme.

Competition

Competition and Markets Authority v Concordia International RX (UK) [2018] EWCA Civ 1881, [2018] All ER (D) 40 (Aug)

On the first occasion challenging a warrant under ss 28 and 28A of the Competition Act 1998, the Court of Appeal, Civil Division, held that any judge considering an application to set aside or vary a warrant was obliged to consider all relevant material, although some of it might be subject

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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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