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Law digests: 24 September 2021

24 September 2021
Issue: 7949 / Categories: Case law , In Court , Law digest
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Costs

Harford v Music Store Professional UK/DV247 Ltd [2021] Lexis Citation 151

It was well established that where the Protocol for Low Value Personal Injury Claims (Employers Liability and Public Liability Claim (the EL/PL Protocol) should have been used, and its non-use was unreasonable, the provisions of CPR 44.4 requiring a judge to assess costs having regard to the conduct of the parties, provided ample scope for the judge assessing costs to allow only the fixed costs set out in the EL/PL Protocol. The SCCO so held in proceedings concerning a claim for damages brought by the claimant employee against the defendant employer following an accident at work. Accordingly, in accordance with the provisions of CPR 44.11, the court had the discretion to disallow all or part of the costs of the claim, and applied the fixed costs set out in CPR 45.18 Table 6A.


Family proceedings

Bournemouth, Christchurch and Poole Council v A mother and others [2021] Lexis Citation 153

The applicant local authority successfully applied to amend its threshold

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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