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28 June 2024
Issue: 8077 / Categories: Case law , In Court , Law digest
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Law digests: 28 June 2024

Abuse of process of court

Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21, [2024] All ER (D) 72 (Jun)

The Supreme Court allowed the appellant’s appeal against the striking out of his claim. The appellant had been tried, convicted and sentenced to death in his absence by the Bangladesh International Crimes Tribunal for war crimes committed in a war of independence in Bangladesh. He had been described as having been convicted of such crimes in the footnotes of a report published by the Home Office. He commenced proceedings in libel against the respondent Home Secretary. His claim was struck out as an abuse of process, and he appealed against that holding. The court held that the principles in Hunter v Chief Constable of the West Midlands Police [1981] 3 All ER 727 and Jameel (Yousef) v Dow Jones & Co Inc [2005] All ER (D) 43 (Feb) protected different aspects of the public interest, and had different rationales. Where neither principle was satisfied, the considerations which were relevant

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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