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29 March 2024
Issue: 8065 / Categories: Case law , In Court , Law digest
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Law digests: 29 March & 5 April 2024

Compensation

R (on the application of AXO (a child) (by her litigation friend)) v First- Tier Tribunal (Social Entitlement Chamber) and another [2024] EWCA Civ 226, [2024] All ER (D) 74 (Mar)

The Court of Appeal, Civil Division, ruled on the appellant’s appeal against the UT’s decision to permit the Criminal Injuries Compensation Authority (CICA) to reclaim a settlement award. The appellant’s mother had been subjected to domestic abuse by her ex-partner. The appellant was five years old when her mother was murdered by her ex-partner. The appellant had been awarded by the CICA for compensation. The appellant sought damages under the Human Rights Act 1998 against three state agencies for breach of arts 2 and 3 of the ECHR. The state defendants offered to settle for £15,000, with £10,000 of that amount related to the appellant’s claim for breach of art 2 and £5,000 for breach of art 3. CICA sought repayment of part of the CICA compensation out of the HRA damages asserting that the HRA damages had

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MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

Clyde & Co—Nick Roberts

Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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