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25 July 2014
Issue: 7616 / Categories: Case law , Law digest , In Court
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Compensation

Colefax v First Tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 945, [2014] All ER (D) 153 (Jul)

Paragraph 18 of the Criminal Injuries Compensation Scheme (2008) provided a two-year time limit (from the date of the relevant incident) for the making of a written application for compensation. The expression in para 18(b) “an application” meant an application for compensation in respect of one or more personal injuries. It was open to an applicant seeking a waiver in respect of a late claim under para 18 to show that, even if he had suffered some immediately apparent relatively minor injury, it had been reasonable for him, in his particular circumstances, not to have made it the subject of a compensation claim, even if another person in the same circumstances might reasonably have done so. The reference to the “particular circumstances of the case” imported no requirement to show exceptional circumstances. 

 

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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