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

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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)

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
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 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
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
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
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’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
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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