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04 February 2022
Issue: 7965 / Categories: Case law , In Court , Law digest
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Law digests: 4 February 2022

Defamation

Bashar v Thompson and another [2022] EWHC 25 (QB), All ER (D) 23 (Jan)

The Queen’s Bench Division ruled on preliminary issues which arose on the claimant father’s claim that the first defendant, a social worker employed by the second defendant council, had made two defamatory statements in a Family Assessment Report written in relation to a child (A) from his former partner’s previous relationship, following the claimant’s application for a child arrangements order to allow his son (N) to live with him rather than the former partner. The first defendant had stated that she had ‘serious concerns to his extreme views’ and ‘serious concerns to his value base and views’ which in her view were ‘extreme’. While the court rejected the claimant’s submission that the above statements had been tantamount to saying he was an ‘extremist’, which in turn could have been equated to ‘terrorist’ or ‘jihadist’, both statements were Chase level one and defamatory. The reasonable reader would not necessarily infer from the statements that the claimant had been prepared to act, or does act, on his views. At

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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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