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Law digests: 29 March & 5 April 2024

29 March 2024
Issue: 8065 / Categories: Case law , In Court , Law digest
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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

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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