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Law digests: 11 August 2023

11 August 2023
Issue: 8037 / Categories: Case law , In Court , Law digest
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Competition

Evans v Barclays Bank PLC and others [2023] EWCA Civ 876, [2023] All ER (D) 138 (Jul)

The Court of Appeal, Civil Division, allowing the appeal, held that the Competition Appeal Tribunal (CAT) had erred in certifying the instant cartel claims on an opt-in basis because the two factors of relevance to the decision were the strength of the claim and practicability, and on those two factors the CAT erred and, accordingly, the order was set aside to the extent that it made an order for opt-in proceedings.


Costs

Chapman v Mid and South Essex NHS Foundation Trust [2023] EWHC 1871 (KB), [2023] All ER (D) 121 (Jul)

The King’s Bench Division ruled on the costs that arose from the claimant’s successful claim for clinical negligence against a hospital. The claimant contended that the defendant should have paid her costs of the claim, in which the defendant argued that there should have been no order for costs, or alternatively, they should only have been ordered to pay a percentage of

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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