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Law digests: 28 October 2022

28 October 2022
Issue: 8000 / Categories: Case law , In Court , Law digest
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Appeal

High Speed Two (HS2) Ltd and another v Persons Unknown and others [2022] EWHC 2364 (KB), [2022] All ER (D) 42 (Oct)

The King’s Bench Division dismissed the sixth defendant’s application to amend a draft injunction order, and it dismissed an application for permission to appeal against an earlier decision, having found that there were no prospects of success and no compelling reason why an appeal should be heard. In earlier proceedings, the court had granted the claimants injunctive relief against unnamed defendants and named defendants, to restrain what they contended were unlawful protests against the building of the HS2 railway, which had hindered its construction. The sixth defendant suggested, among other things, that there should be two orders and gave ideas for the draft order to be amended. The court disagreed and was satisfied that the issue had been appropriately considered in the draft judgment. Further, the court rejected the grounds of appeal suggested on behalf of the sixth defendant, who had argued, among other things, that the judge in earlier

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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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