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04 August 2023
Issue: 8036 / Categories: Case law , In Court , Law digest
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Law digests: 4 August 2023

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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
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
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
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
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