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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

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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