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Civil way: 7 July 2017

07 July 2017 / Stephen Gold
Issue: 7753 / Categories: Features , Civil way
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It was the judge wot did it; At a Laugh; Files separated: Latest!

Judicial immunity prevails ...but

Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them

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MOVERS & SHAKERS

Pillsbury—Steven James

Pillsbury—Steven James

Firm boosts London IP capability with high-profile technology sector hire

Clarke Willmott—Michelle Seddon

Clarke Willmott—Michelle Seddon

Private client specialist joins as partner in Taunton office

DWF—Rory White-Andrews

DWF—Rory White-Andrews

Finance and restructuring offering strengthened by partner hire in London

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SRA v Goodwin is a rare disciplinary decision where a solicitor found to have acted dishonestly avoided being struck off, says Clare Hughes-Williams of DAC Beachcroft in this week's NLJ. The Solicitors Disciplinary Tribunal (SDT) imposed a 12-month suspension instead, citing medical evidence and the absence of harm to clients
In their latest Family Law Brief for NLJ, Ellie Hampson-Jones and Carla Ditz of Stewarts review three key family law rulings, including the latest instalment in the long-running saga of Potanin v Potanina
The Asian International Arbitration Centre’s sweeping reforms through its AIAC Suite of Rules 2026, unveiled at Asia ADR Week, are under examination in this week's NLJ by John (Ching Jack) Choi of Gresham Legal
In this week's issue of NLJ, Yasseen Gailani and Alexander Martin of Quinn Emanuel report on the High Court’s decision in Skatteforvaltningen (SKAT) v Solo Capital Partners LLP & Ors [2025], where Denmark’s tax authority failed to recover £1.4bn in disputed dividend tax refunds
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