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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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