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10 November 2023
Issue: 8048 / Categories: Case law , In Court , Law digest
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Law digests: 10 November 2023

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Evidence

Wambura and others v Barrick TZ Ltd (formerly known as Acacia Mining plc) and another company [2023] EWHC 2582 (KB), [2023] All ER (D) 133 (Oct)

The King’s Bench Division dismissed the claimants’ application for permission to call expert security evidence. The dispute arose from the claimants’ claims for personal injury and death said to have been caused by Tanzanian police engaged by the defendants for security operations. The claimants had expressed that they needed an expert ‘specifically experienced in issues of the use of firearms and the use of force’. The defendants had denied that the police used unreasonable and excessive force on the claimants. It fell to be determined whether the court would have benefited from expert evidence on the contested issues. The court, applying the test in Kesabo v African Barrick Gold [2014] EWHC 4067(QB) held that, the proposed expert evidence would not be helpful.

Family proceedings

EY (Fact-Finding Hearing) [2023] EWCA Civ 1241, [2023] All ER (D) 137 (Oct)

The Court of Appeal, Civil Division, allowed

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MOVERS & SHAKERS

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Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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