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26 January 2024
Issue: 8056 / Categories: Case law , In Court , Law digest
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Law digests: 26 January 2024

Barrister

Ahmed v Rehman [2023] EWCA Civ 1504, [2024] All ER (D) 35 (Jan)

The Court of Appeal, Civil Division, allowed an appeal by the appellant barrister from a decision to commit him to prison for six weeks and fined £9,000 for breach of an undertaking to the court. The committal application had been made against an LLP, however the appellant had been sentenced. The court had jurisdiction to commit not only an LLP but also its principals. But it could only exercise that jurisdiction over any particular individual if the procedural requirements for a committal had been complied with, or waived. There were serious deficiencies in the procedure adopted on the present occasion. However egregious the conduct of an alleged contemnor, he was entitled to the procedural protection afforded by the rules. The appeal should be allowed on procedural grounds.


Contempt of court

UK Insurance Ltd v Ali and others [2024] EWHC 30 (KB), [2024] All ER (D) 41 (Jan)

The King’s Bench Division (the court) ruled on the claimant insurance

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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