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16 February 2018
Issue: 7781 / Categories: Case law , Law digest , In Court
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Weekly law digests

Costs

Campbell v Campbell [2018] EWCA Civ 80 [2018] All ER (D) 30 (Feb)

A foreign lawyer lacking a qualification in England and Wales could not be regarded as a ‘lawyer’ or as providing ‘legal services’ for the purposes of CPR 46.5(3)(b). Accordingly, the appellant, a litigant in person in whose favour a costs order had been made, could not recover for work undertaken by his foreign lawyer. The Court of Appeal, Civil Division, so held in dismissing the appellant’s appeal.

Environment

R (on the application of Bancoult No 3) v Secretary of State for Foreign and Commonwealth Affairs [2018] UKSC 3 [2018] All ER (D) 49 (Feb)

In 2010, the respondent Secretary of State for Foreign and Commonwealth Affairs had established a ‘no take’ marine protected area in the British Indian Overseas Territory, which had brought to an end all commercial fishing, including that carried on by Chagossians as owners and crew of Mauritian registered fishing vessels. The appellant, the chair of the Chagos Refugees Group, had appealed against the decision by the Court

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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