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05 July 2024
Issue: 8078 / Categories: Case law , In Court , Law digest
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Law digests: 5 July 2024

Abuse of process of court

Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21, [2024] All ER (D) 72 (Jun)

The Supreme Court allowed the appellant’s appeal against the striking out of his claim. The appellant had been tried, convicted and sentenced to death in his absence by the Bangladesh International Crimes Tribunal for war crimes committed in a war of independence in Bangladesh. He had been described as having been convicted of such crimes in the footnotes of a report published by the Home Office. He commenced proceedings in libel against the respondent Home Secretary. His claim was struck out as an abuse of process, and he appealed against that holding. The court held that the principles in Hunter v Chief Constable of the West Midlands Police [1981] 3 All ER 727 and Jameel (Yousef) v Dow Jones & Co Inc [2005] All ER (D) 43 (Feb) protected different aspects of the public interest, and had different rationales. Where neither principle was satisfied, the considerations which were relevant to each principle could not simply be lumped together.


Estoppel

Winter

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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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