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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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