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Weekly law digests

11 April 2019
Issue: 7836 / Categories: Case law , In Court , Law digest
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Constitutional law

Mohamed v Breish and others [2019] EWHC 786 (Comm), [2019] All ER (D) 29 (Apr)

In a previous judgment (see [2019] All ER (D) 102 (Feb)), the judge had answered certain preliminary issues regarding the applicant’s applications against a range of named respondents, including the first respondent seeking, among other things, a declaration that since July 2017, he had been validly appointed as chairman of the Libyan Investment Authority for the purposes of having responsibility for litigation relating to Libya’s sovereign wealth fund. In the present proceedings, the first respondent sought further declarations. The Commercial Court dismissed that application, deciding that the preliminary issues as ordered had been determined in terms that were clear: the effect was also clear.

European Union

R (on the application of Newby Foods Ltd) v Foods Standards Agency [2019] UKSC 18, [2019] All ER (D) 24 (Apr)

On the proper interpretation of EU law, the appellant meat and poultry manufacturer’s products fell to be categorised as mechanically separated meat (MSM) within point 1.14 of Annex 1

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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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