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02 August 2018
Issue: 7804 / Categories: Case law , Law digest , In Court
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Weekly law digests

Constitutional law

R (on the application of the Freedom and Justice Party and others) v Secretary of State for Foreign and Commonwealth Affairs and another (Amnesty International and another intervening) [2018] EWCA Civ 1719, [2018] All ER (D) 127 (Jul)

The Divisional Court had been correct to hold that a rule of customary international law had been identified which obliged a state to grant to the members of a special mission, which the state accepted and recognised as such, immunity from arrest or detention and from criminal proceedings for the duration of the special mission’s visit. The Court of Appeal, Civil Division, in dismissing the claimants’ appeal, further held that, in accordance with the presumption that customary international law should shape the common law, such immunities were recognised by the common law.

Costs

McDermott v InHealth Ltd [2018] EWHC 1835 (QB), [2018] All ER (D) 132 (Jul)

The district judge had erred in the exercise of his discretion that there should be a limit on the claimant’s recovery of costs as a result of

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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.

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