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Weekly law digests

20 September 2018
Issue: 7809 / Categories: Case law , Law digest , In Court
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Company

Autogas (Europe) Ltd (in liquidation) v Ochocki and others [2018] EWHC 2345 (Ch), [2018] All ER (D) 21 (Sep)

A claim made by the claimant company, which was in liquidation, against the defendants failed, in a dispute concerning alleged dishonest assistance in the commission of a fraud. The Chancery Division held that, on the evidence, none of the defendants gave the general impression of having been dishonest.

Costs

London Borough of Lambeth v MCS and another [2018] EWCOP 20, [2018] All ER (D) 18 (Sep)

The circumstances of the case were so poor and so extreme (both in relation to institution of proceedings and their subsequent conduct) that an order for the costs of the proceedings should be borne by the applicant and second respondent. The Court of Protection so ruled, despite the fact that proceedings brought in the Court of Protection almost never attracted an enquiry into the issue of costs.

Elections

R (on the application of the Good Law Project) v Electoral Commission [2018] EWHC 2414 (Admin), [2018] All ER (D)

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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