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03 June 2016
Issue: 7701 / Categories: Case law , Law digest , In Court
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Legal aid

Director of Legal Aid Casework and another v IS (a protected party, by his litigation friend the Official Solicitor) [2016] EWCA Civ 464, [2016] All ER (D) 170 (May)

The Court of Appeal, in allowing the appeal of the Director of Legal Aid Casework and the Lord Chancellor, set aside declarations that the exceptional case funding scheme as operated was unlawful as giving rise to an unacceptable risk that an individual would not be able to obtain legal aid where failure to provide it would be a breach of that individual’s rights under the European Convention on Human Rights (to the extent applied by the Human Rights Act 1998) or under directly enforceable European Union law, and that the Civil Legal Aid (Merits Criteria) Regulations 2013 (SI 2013/104) and the Exceptional Case Funding Guidance (Non-Inquests) were unlawful in certain respects.

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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

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National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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