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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

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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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NEWS
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Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
NLJ this week: Justice at the algorithm’s edge
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
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The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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