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05 July 2024
Issue: 8078 / Categories: Case law , In Court , Law digest
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Law digests: 5 July 2024

Abuse of process of court

Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21, [2024] All ER (D) 72 (Jun)

The Supreme Court allowed the appellant’s appeal against the striking out of his claim. The appellant had been tried, convicted and sentenced to death in his absence by the Bangladesh International Crimes Tribunal for war crimes committed in a war of independence in Bangladesh. He had been described as having been convicted of such crimes in the footnotes of a report published by the Home Office. He commenced proceedings in libel against the respondent Home Secretary. His claim was struck out as an abuse of process, and he appealed against that holding. The court held that the principles in Hunter v Chief Constable of the West Midlands Police [1981] 3 All ER 727 and Jameel (Yousef) v Dow Jones & Co Inc [2005] All ER (D) 43 (Feb) protected different aspects of the public interest, and had different rationales. Where neither principle was satisfied, the considerations which were relevant

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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