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Law digests: 21 January 2022

21 January 2022
Issue: 7963 / Categories: Case law , In Court , Law digest
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Conflict of laws

‘Maduro Board’ of the Central Bank of Venezuela v ‘Guaidó Board’ of the ­Central Bank of Venezuela [2021] UKSC 57, [2021] All ER (D) 72 (Dec)

The Supreme Court allowed the appellant’s appeal in part and dismissed the counter-appeal in proceedings concerning the effect of the disputed presidency of Venezuela. The respondent board favoured the previous president (M), while the appellant board favoured the interim president (G). Both sides claimed to act on behalf of the Central Bank of Venezuela, with regard to gold reserves held in the UK. The court held that declarations would be made that the UK Government (HMG) had, since 4 February 2019, recognised G as the constitutional interim President of Venezuela until credible presidential elections could be held. HMG had, since 4 February 2019, not recognised M as President of Venezuela for any purpose. Further, the proceedings would be remitted to the Commercial Court for it to consider whether the judgments of the Venezuelan Supreme Tribunal of Justice should be recognised or given effect

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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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