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10 November 2023
Issue: 8048 / Categories: Case law , In Court , Law digest
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Law digests: 10 November 2023

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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

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
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A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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