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Law digests: 4 August 2023

04 August 2023
Issue: 8036 / Categories: Case law , In Court , Law digest
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Case management

Henderson and Jones Ltd v Stargunter Ltd and another [2023] EWHC 1849 (TCC), [2023] All ER (D) 95 (Jul)

The Technology and Construction Court, granting the first defendant relief from sanctions under CPR 3.14, held that a formal application for relief from sanctions was not necessarily required where the defaulting party sought to invoke the provisions of CPR 3.14, and in the instant case, relief would be granted for the first defendant’s failure to serve a compliant costs budget within the applicable time.


Injunction

Jones v Birmingham City Council and another [2023] UKSC 27, [2023] All ER (D) 82 (Jul)

The Supreme Court dismissed the appellant’s appeal, concerning the power of the courts, on the application of public authorities, to grant injunctions to prevent gang-related violence and drug-dealing activity pursuant to s 34 of the Policing and Crime Act 2009 (PCA 2009), and to grant injunctions under the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014). The appellant, in respect of whom an injunction had been made

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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