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29 April 2022
Issue: 7976 / Categories: Case law , In Court , Law digest
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Law digests: 29 April 2022

Contempt of court

Braintree District Council v Wilson and others [2022] EWHC 753 (QB), [2022] All ER (D) 18 (Apr)

The Queen’s Bench Division allowed the claimant local authority’s committal application for contempt of court, against the first defendant. The application had been brought on the basis that the defendant had breached court orders following alleged breaches of planning control, through causing or allowing unauthorised works to be done on his land. Prior to the hearing, the defendant had largely admitted the allegations upon which the applications had been based, such that the main issue before the court was to decide on the appropriate sanction. The court held that the defendant’s breaches of court orders had amounted to criminal contempts. The defendant’s culpability had been high, due to his failure to engage with the planning process, his refusal to comply with court orders, and his evasive and untruthful response to committal proceedings. There had been a significant harm or risk of harm due to the defendant’s breaches. Despite the presence of several mitigating

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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