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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

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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

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Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
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NLJ this week: CPR tweak closes third-party disclosure gap
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
NLJ this week: Court of Appeals wrestles with Mazur fallout
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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