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Law digests: 26 January 2024

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

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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