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11 August 2023
Issue: 8037 / Categories: Case law , In Court , Law digest
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Law digests: 11 August 2023

Competition

Evans v Barclays Bank PLC and others [2023] EWCA Civ 876, [2023] All ER (D) 138 (Jul)

The Court of Appeal, Civil Division, allowing the appeal, held that the Competition Appeal Tribunal (CAT) had erred in certifying the instant cartel claims on an opt-in basis because the two factors of relevance to the decision were the strength of the claim and practicability, and on those two factors the CAT erred and, accordingly, the order was set aside to the extent that it made an order for opt-in proceedings.


Costs

Chapman v Mid and South Essex NHS Foundation Trust [2023] EWHC 1871 (KB), [2023] All ER (D) 121 (Jul)

The King’s Bench Division ruled on the costs that arose from the claimant’s successful claim for clinical negligence against a hospital. The claimant contended that the defendant should have paid her costs of the claim, in which the defendant argued that there should have been no order for costs, or alternatively, they should only have been ordered to pay a percentage of

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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
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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