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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: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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