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

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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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