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Weekly law digests

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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