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27 April 2018
Issue: 7790 / Categories: Case law , Law digest , In Court
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Weekly law digests

Costs—Appeal

Surrey (A Child and Protected Party, by his Litigation Friend, Surrey) v Barnet and Chase Farm Hospitals NHS Trust; AH (A Protected Party, by her Litigation Friend, XXX) v Lewisham Healthcare NHS Trust; Yesil (A Child and Protected Party, by his Litigation Friend, Yesil) v Doncaster and Bassetlaw Hospitals NHS Foundation Trust [2018] EWCA Civ 451 [2018] All ER (D) 25 (Apr)

The changed funding arrangements, from legal aid to Conditional Funding Arrangements, were not reasonable on the basis that the litigation friends had agreed to the change without having been told that the consequence would be the ‘loss’ of a 10% uplift. The Court of Appeal, Civil Division, accordingly allowed the appeal from the decision of the Queen’s Bench Division.

Costs—Order for costs

NHS Dorset Clinical Commissioning Group v LB (by her litigation friend, the Official Solicitor) and another [2018] EWCOP 7 [2018] All ER (D) 07 (Apr)

The present was not an appropriate case for an order for costs against the applicant for what were intended to be test cases, seeking clarification

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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