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Weekly law digests

01 November 2018
Issue: 7815 / Categories: Case law , Law digest , In Court
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Costs

First National Trustco (UK) Ltd and another company v Page and others [2018] EWHC 899 (Ch), [2018] All ER (D) 148 (Apr)

The defendants’ application for relief from sanctions pursuant to CPR 3.9(1) for a failure to file their costs budget was rejected. The Chancery Division held that the defendants’ failure to comply with directions was serious and significant, had been caused by the solicitor’s misunderstanding of the effect of court documents which was not a good enough reason for the breach, and thus considering all the circumstances of the case, relief from sanctions ought not be granted.

Customs & excise

Invicta Foods Ltd v Revenue and Customs Commissioners [2018] EWCA Civ 2204, [2018] All ER (D) 98 (Oct)

The respondent, Revenue and Customs Commissioners, were wrong to classify an imported raw seasoned chicken product by the appellant, Invicta, under Ch 2 of the Combined Nomenclature (CN) (the system used to classify imported products for customs duty purposes and to impose a common customs tariff on imports from outside the European Union). The Court

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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