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Law digests: 2 December 2022

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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