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16 August 2018
Issue: 7806 / Categories: Case law , Law digest , In Court
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Weekly law digests

Compensation

JT v First-Tier Tribunal (Equality and Human Rights Commission intervening) [2018] EWCA Civ 1735, [2018] All ER (D) 15 (Aug)

Paragraph 19 of the Criminal Injuries Compensation Scheme 2012, which prevented the appellant from being paid compensation for criminal injuries sustained prior to 1 October 1979 when she had been living with her assailant as members of the same family, was incompatible with her rights under Art 14 in conjunction with Art 1 of the First Protocol to, the European Convention on Human Rights. In allowing the appellant’s appeal, the Court of Appeal, Civil Division, declared that the appellant was not prevented from being paid an award of compensation under the scheme.

Competition

Competition and Markets Authority v Concordia International RX (UK) [2018] EWCA Civ 1881, [2018] All ER (D) 40 (Aug)

On the first occasion challenging a warrant under ss 28 and 28A of the Competition Act 1998, the Court of Appeal, Civil Division, held that any judge considering an application to set aside or vary a warrant was obliged to consider

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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