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02 February 2024
Issue: 8057 / Categories: Legal News , Profession , International
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NLJ this week: South Africa’s case against Israel at The Hague

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The International Court of Justice (ICJ) case on Gaza brought by South Africa against Israel has ‘commanded world-wide attention’ and ‘received a mixed reception’, Marc Weller, professor of international law at Cambridge University and associate tenant, Doughty Street, writes in this week’s NLJ

Weller covers the ‘change to its traditional stance’ of the court allowing South Africa rather than the immediate victim to bring a claim, noting previous examples of this. He writes: ‘It is noteworthy (and the court did expressly note) that this previously highly controversial issue was not even raised by Israel in these proceedings, supporting the view that the matter is now regarded as settled law.’

As the case was at a ‘preliminary measures phase’, South Africa only had to establish a prima facie case, that a ‘plausible’ argument can be made. He explains the basic three elements required for this, including ‘intent’, as well as the court’s response. 

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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