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23 July 2009
Issue: 7379 / Categories: Case law , Law digest
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Civil procedure

Berezovsky v The Russian Television and Radio Broadcasting Company and another [2009] EWHC 1733 (QB); [2009] All ER (D) 128 (Jul)

The court’s discretion to set aside judgment under CPR r 13.3 was a broad one, which could be exercised if there was considered to be “some other good reason why…the defendant should be allowed to defend the claim”. In setting aside the default judgment, the High Court stated that where an allegation as serious as that in the instant case was made, involving the suggestion that someone had been granted asylum on a false basis and in the light of evidence obtained by threats and/or by drugging a relevant witness, it was plainly desirable and indeed in the public interest that the allegation should be given as full and fair a hearing as the circumstances permitted.
 

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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