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07 June 2024
Issue: 8074 / Categories: Case law , In Court , Law digest
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Law digests: 7 June 2024

Police powers

R (on the application of ­National Council for Civil Liberties) v ­Secretary of State for the Home Department (Public Law Project ­intervening) [2024] EWHC 1181 (­Admin), [2024] All ER (D) 89 (May)

The Administrative Court, in allowing the claimant’s judicial review claim in part, held that the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (SI 2023/655), which strengthened police powers concerning protests, were unlawful. Sections 12 and 14 of the Public Order Act 1986 (POA 1986) empowered the police to impose conditions on public processions and assemblies if an officer reasonably believed that there would be ‘serious disruption to the life of the community’. The government laid two amendments to the Public Order Bill, which sought to expand the definition of ‘serious disruption’ in POA 1986 to include anything which was ‘more than minor’. However, the House of Lords had rejected one of the amendments. Before the Public Order Act 2023 (POA 2023) had received Royal Assent, the government had then exercised the ‘Henry VIII power’ to amend legislation by secondary

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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