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

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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

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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