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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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