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21 March 2014
Issue: 7599 / Categories: Case law , Law digest , In Court
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Costs

R (on the application of Speciality Produce Ltd) v Secretary of State for Environment, Food and Rural Affairs [2014] EWCA Civ 225, [2014] All ER (D) 72 (Mar)

The secretary of state had withdrawn the claimant’s recognition as a producer organisation for the purposes of the EU Common Agricultural Policy. The claimant was granted permission to bring judicial review proceedings but also utilised the statutory appeals procedure. The statutory appeal was successful and the judicial review was discontinued by consent. The claimant sought its costs of the judicial review. The judge refused on the ground that the statutory appeal had succeeded on a different ground to that claimed in the judicial review so it could not be said that the claimant would have succeeded in its claim. The Court of Appeal held that although the end result of the statutory appeal had been what the claimant had sought through judicial review, that had not been enough to enable the claimant to be treated as the successful party.

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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