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04 February 2016
Issue: 7685 / Categories: Legal News
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Sisangia ruling restricts civil liberties

A Court of Appeal ruling could restrict legal aid funding for false imprisonment claims, law firm Hodge Jones & Allen has warned.

The decision in in R (oao Sunita Sisangia) v Director of Legal Aid Casework prevents legal aid funding for claims against public bodies unless the claimant can show the defendant intended to act unlawfully or acted dishonestly. Lord Justice Laws held that the police did not deliberately arrest Sisangia unlawfully, therefore legal aid should not have been granted.

Hodge Jones & Allen says the decision applies not just to loss of liberty cases but also claims involving assault, battery and other torts. Sasha Barton, a partner at the firm and solicitor for Sisangia, describes the decision as “a considerable blow for civil liberties in this country”.

She added: “The judge’s suggestion that claimants in Miss Sisangia’s position could find a solicitor to represent them pro bono, under a conditional fee arrangement or represent themselves as a litigant in person, is, with respect, fanciful. Due to other funding changes it is no longer possible in practical terms to fund cases under CFAs unless there is a personal injury element, which in cases like this there are not.”

Issue: 7685 / Categories: Legal News
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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