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Court: Queen’s Bench Division

Convicted terrorists’ civil claim of mistreatment struck out for ‘collateral attack’ on earlier criminal proceedings

Ahmed v Director General of Security Service [2020] EWHC 3458 (QB)

On 18 December 2008 the claimant was convicted of a series of terrorist offences.  Those offences included directing a terrorist organisation contrary to s.56 of the Terrorism Act 2000, membership of a terrorist organisation contrary to s.11 of that Act, and possession of terrorist articles contrary to s.57.  The following day he was sentenced to […]

High Court refuses significant part of amendment application

Benyatov v Credit Suisse Securities (Europe) Ltd [2020] EWHC 3213 (QB)

This judgment, dealing with an amendment application made by the claimant, is the fourth instalment in an ongoing claim brought by Mr Vadim Don Benyatov, a former banker against his former employer, Credit Suisee, in respect of the consequences of his conviction in Romania while working for the bank there. His conviction prevented him from […]

General civil restraint order granted against ‘serial claimant’

Howell v Evans & Anor [2020] EWHC 2729 (QB) (16 October 2020)

In this case, a general civil restraint order was granted against the claimant as he had issued seven claims or applications which were deemed totally without merit and he had done so in five different sets of proceedings (each relating to different defendants and different factual circumstances) which were either in the High Court or […]

Widow has real prospect of success in claim for negligence against company based in Bangladesh

Begum v Maran [2020] EWHC 1846 (QB)

This case involves the death of an employee whilst working on the demolition of a defunct oil tanker (“the vessel”) in the Zuma Enterprise Shipyard (“the yard”) in Chittagong (now Chattogram), Bangladesh. The deceased’s widow issued proceedings claiming damages for negligence under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976; alternatively, under Bangladeshi law. The scope of the proceedings has subsequently been broadened inasmuch as draft Amended Particulars of Claim advance a cause of action in restitution: more precisely, unjust enrichment.

Held: The claimant has a real prospect of succeeding in relation to her claim in negligence, however her claim in unjust enrichment is unsustainable. The the claimant has a real prospect of establishing that her claim is governed by English law and that if Bangladeshi law were to apply to the claim in tort, it would be statute-barred.

Administrative Court quashes Academy Order in respect of maintained middle school due to failure to consider prejudice to ongoing local authority review of unviable three-tier school structure

Somerset County Council & Secretary of State for Education & Ors [2020] EWHC 1675 (Admin)

The Administrative Court has quashed an Academy Order permitting a community middle school maintained by Somerset County Council to join a Multi-Academy Trust (‘MAT’) in the midst of an on-going local authority-led review process seeking a solution to an unviable historic three-tier school system in the Crewkerne and Ilminster area. Fraser J found that the Regional Schools Commissioner had unlawfully failed to consider and properly inquire into the negative impact of her decision on the on-going review in circumstances in which the MAT’s commitment to necessary structural reforms was doubtful. There had additionally been a failure by the Commissioner to assess viability in breach of applicable policy and an unlawful failure to give reasons.