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

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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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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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