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04 August 2023
Issue: 8036 / Categories: Case law , In Court , Law digest
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Law digests: 4 August 2023

Case management

Henderson and Jones Ltd v Stargunter Ltd and another [2023] EWHC 1849 (TCC), [2023] All ER (D) 95 (Jul)

The Technology and Construction Court, granting the first defendant relief from sanctions under CPR 3.14, held that a formal application for relief from sanctions was not necessarily required where the defaulting party sought to invoke the provisions of CPR 3.14, and in the instant case, relief would be granted for the first defendant’s failure to serve a compliant costs budget within the applicable time.


Injunction

Jones v Birmingham City Council and another [2023] UKSC 27, [2023] All ER (D) 82 (Jul)

The Supreme Court dismissed the appellant’s appeal, concerning the power of the courts, on the application of public authorities, to grant injunctions to prevent gang-related violence and drug-dealing activity pursuant to s 34 of the Policing and Crime Act 2009 (PCA 2009), and to grant injunctions under the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014). The appellant, in respect of whom an injunction had been made under PCA 2009 (as amended), had argued that the criminal standard

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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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