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Weekly law digests

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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
Professor Dominic Regan of City Law School and the Frenkel Topping Group—AKA The insider—crowns Mazur v Charles Russell Speechlys LLP as his case of 2025 in his latest column for NLJ. The High Court’s decision—that non-authorised employees cannot conduct litigation, even under supervision—has sent shockwaves through the profession. Regan calls it the year’s defining moment for civil practitioners and reproduces a ‘cut-out-and-keep’ summary of key rulings from Mr Justice Sheldon
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