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02 December 2022
Issue: 8005 / Categories: Case law , In Court , Law digest
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Law digests: 2 December 2022

Contempt

Cuciurean v Secretary of State for Transport and another [2022] EWCA Civ 1519, [2022] All ER (D) 60 (Nov)

The King’s Bench Division dismissed the appellant’s appeal against his previous order as of right. This was in regard to the judge sentencing the appellant to 268 days’ immediate custody for contempt of court. He also fined him £3,000. The appellant was committed for contempt of court for 12 breaches of an injunction protecting HS2 land. The court held, among other things that it was not appropriate to fine the appellant on the particular facts of that case. He had no assets and was the subject of a term of immediate custody. The fine was therefore quashed. As to the methodology by which the judge calculated the overall term, they did not consider it appropriate. It was appropriate for that court to review the overall sanction. Overall, they found that the period of 268 days’ imprisonment was not excessive or unreasonable.


Criminal

R v Elmi [2022] EWCA Crim 1428, [2022]

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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