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Weekly law digests

31 October 2019
Issue: 7862 / Categories: Case law , In Court , Law digest
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Costs

Brown v Metropolitan Police Commissioner and another (Equality and Human Rights Commission intervening) [2019] EWCA Civ 1724, [2019] All ER (D) 124 (Oct)

The judge had been right to hold that, because the present case was a mixed claim, in that it had included claims for damages for matters unconnected to personal injury, as well as a claim for personal injury damages, one of the express exceptions to the qualified one-way costs shifting (QOCS) regime contained in CPR 44.16(2)(b) was triggered with the effect that the automatic costs protection arising under the QOCS regime fell away and costs remained a matter for the court. The Court of Appeal, Civil Division, dismissing the appeal, held that the judge had been right to find that, in circumstances where the appellant's personal injury claims had been dismissed but she had succeeded in non-personal injury claims, the QOCS regime had not been applicable.

Defamation

Al Sadik (also known as Al Sadek and Sadik) v Sadik [2019] EWHC 2717 (QB), [2019] All ER (D) 116 (Oct)

A

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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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