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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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