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21 June 2024
Issue: 8076 / Categories: Case law , In Court , Law digest
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Law digests: 21 June 2024

Criminal law

R (on the application of McGill) v ­Newcastle Magistrates Court [2024] EWHC 1207 (Admin), [2024] All ER (D) 18 (Jun)

The Administrative Court, in allowing the claimant’s judicial review claim, held that the decision of the Acting Legal Team Manager (Crime) of the defendant magistrates’ court, refusing to issue a summons against the claimant’s former business partner (Mr H) (the impugned decision), had been unlawful. The impugned decision had referred to the fact that the claimant had brought a private prosecution against Mr H and his wife which the Crown Prosecution Service (CPS) had taken over and discontinued. However, the discontinued proceedings concerned the alleged forgery of banking documents, whereas the request for the summons in the present judicial review concerned an allegation of forgery of a shareholder agreement. The court held that the failure, in making the impugned decision, to appreciate that the CPS had not considered the shareholding agreement forgery allegation had been a public law material failure to have had regard to an obviously relevant consideration, and that, in public law terms, it vitiated the decision. It held

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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