header-logo header-logo

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

Law digests: 10 November 2023

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll