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

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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NEWS
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
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
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
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