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Weekly law digests

19 January 2018
Issue: 7777 / Categories: Case law , Law digest , In Court
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Civil legal aid

R (on the application of Tirkey) v Director of Legal Aid Casework and another [2017] EWHC 3403 (Admin) [2018] All ER (D) 18 (Jan)

The statutory charge exercised by the Legal Aid Agency against the claimant over the amount recovered in employment tribunal proceedings was not rendered unlawful by the European Convention on Human Rights or EU law and her claim for judicial review had to fail. The Administrative Court held that the circumstances in which she failed to receive any of the award did not provide any basis for concluding that the exception to the statutory charge arose.

Company—Injunction

China Town Development Company Ltd v Liverpool City Council [2017] EWHC 3347 (Ch) [2018] All ER (D) 22 (Jan)

The defendant local authority was restrained from presenting a winding-up petition in respect of the claimant company concerning sums referred to in a statutory demand where there was a genuine dispute on substantial grounds concerning the true construction of a lease, in respect of which the dispute giving rise to the statutory demand

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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