header-logo header-logo

Law digests: 10 November 2023

10 November 2023
Issue: 8048 / Categories: Case law , In Court , Law digest
printer mail-detail

Evidence

Wambura and others v Barrick TZ Ltd (formerly known as Acacia Mining plc) and another company [2023] EWHC 2582 (KB), [2023] All ER (D) 133 (Oct)

The King’s Bench Division dismissed the claimants’ application for permission to call expert security evidence. The dispute arose from the claimants’ claims for personal injury and death said to have been caused by Tanzanian police engaged by the defendants for security operations. The claimants had expressed that they needed an expert ‘specifically experienced in issues of the use of firearms and the use of force’. The defendants had denied that the police used unreasonable and excessive force on the claimants. It fell to be determined whether the court would have benefited from expert evidence on the contested issues. The court, applying the test in Kesabo v African Barrick Gold [2014] EWHC 4067(QB) held that, the proposed expert evidence would not be helpful.


Family proceedings

EY (Fact-Finding Hearing) [2023] EWCA Civ 1241, [2023] All ER (D) 137 (Oct)

The Court of Appeal, Civil Division, allowed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll