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Matrix Judgments & Commentary

Matrix’s Legal Support Service produce summaries of cases that involve Matrix members. 

Court of Appeal held decision regarding application for a costs capping order in discrimination proceedings

Black & Ors v Arriva North East Limited [2014] EWCA Civ 1115

The claimant/appellant in discrimination proceedings about access to public transport applied for a costs capping order pursuant to CPR 52.10 and CPR 3.19. She argued that the case was exceptional given her limited financial means and in the interests of justice. Held: it was not the function of costs capping orders to remedy the problems […]

Application for permission not to disclose material except to Court or special advocate denied pending decision under Justice and Security Act 2013, s 6

McGartland & Anor v The Attorney General [2014] EWHC 2248 (QB)

An application by the defendant for permission not to disclose material except to the Court or a special advocate was denied pending a decision under the Justice and Security Act 2013, s 6. The case involves a man claiming to have been an agent in the Royal Ulster Constabulary and/or Special Branch in Northern Ireland […]

Court determines costs in interlocutory hearing

The Bodo Community & Ors v Shell Petroleum Development Company of Nigeria Ltd [2014] EWHC 2170 (TCC)

A number of issues were resolved at the preliminary hearing, The Bodo Community & Ors v Shell Petroleum Development of Nigeria Ltd [2014] EWHC 1973 (TCC). This interlocutory hearing was to determine who was liable for the cost of that hearing. It was decided that 10% of the costs of that hearing should be costs of the […]

Court dismisses deprivation of liberty claim by prisoner on home detention curfew recalled to prison

Whiston, R (on the application of) [2014] UKSC 39

On appeal from: [2012] EWCA Civ 1374  The appellant was released from prison on a home detention curfew, and then recalled to prison under the Criminal Justice Act 2003, s 255. He sought to claim this was a deprivation of liberty under ECHR, art 5(4). The Court held that under Strasbourg jurisprudence where a person was […]

Court does not accept that there was any legitimate public interest entitling Met Police maintain the stance of NCND for undercover officers

Dil & Ors v Commissioner of Police of the Metropolis [2014] EWHC 2184 (QB)

The claimants sought damages for deceit, assault, misfeasance in public office and negligence arising out of long term sexual relationships which they had with four men, who they allege were undercover police officers acting under the direction and control of the defendant. There is a very strong public interest in protecting the anonymity of informers […]