header-logo header-logo

Weekly law digests

19 January 2018
Issue: 7777 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll