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28 October 2022
Issue: 8000 / Categories: Case law , In Court , Law digest
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Law digests: 28 October 2022

Appeal

High Speed Two (HS2) Ltd and another v Persons Unknown and others [2022] EWHC 2364 (KB), [2022] All ER (D) 42 (Oct)

The King’s Bench Division dismissed the sixth defendant’s application to amend a draft injunction order, and it dismissed an application for permission to appeal against an earlier decision, having found that there were no prospects of success and no compelling reason why an appeal should be heard. In earlier proceedings, the court had granted the claimants injunctive relief against unnamed defendants and named defendants, to restrain what they contended were unlawful protests against the building of the HS2 railway, which had hindered its construction. The sixth defendant suggested, among other things, that there should be two orders and gave ideas for the draft order to be amended. The court disagreed and was satisfied that the issue had been appropriately considered in the draft judgment. Further, the court rejected the grounds of appeal suggested on behalf of the sixth defendant, who had argued, among other things, that the judge in earlier proceedings had erred in law in: (i) concluding that

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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

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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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