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15 December 2023
Issue: 8053 / Categories: Case law , In Court , Law digest
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Law digests: 15 December 2023

Alternative dispute resolution

Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, [2023] All ER (D) 04 (Dec)

The Court of Appeal, Civil Division, allowing the appeal of the defendant local authority in a nuisance matter, held that the court could lawfully order the parties to court proceedings to engage in a non-court-based dispute resolution process, including the kind of non-court-based dispute resolution in issue in the instant case which was the appellant local authority’s internal complaints procedure to which the respondent was not contractually bound.


Immigration

R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin), [2023] All ER (D) 157 (Nov)

The Administrative Court ruled on the claimant Kent County Council’s claim for judicial review for unaccompanied asylum-seeking (UAS) children entering the UK in Kent on small boats. The claimant sought a declaration that the defendant Secretary of State for the Home Department (the Secretary of State) was acting unlawfully and sought an order requiring that the Secretary of State implement an effective NTS (National Transfer Scheme)

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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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