BAILII: Recent Decisions

Posted October 15th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for the Home Department v George [2024] EWCA Civ 1192 (14 October 2024)

Court of Appeal (Criminal Division)

ARU & Ors, R. v [2024] EWCA Crim 1101 (11 October 2024)

High Court (Administrative Court)

District Court Kosice II, Slovak Republic v L’ubomir Macko [2024] EWHC 2564 (Admin) (14 October 2024)

Birskis v General Prosecutor’s Office, Latvia [2024] EWHC 2540 (Admin) (11 October 2024)

Jones v Isle of Anglesey County Council [2024] EWHC 2582 (Admin) (11 October 2024)

Marshall v Bath And North East Somerset Council [2024] EWHC 2551 (Admin) (11 October 2024)

Farmiloe v Gas And Electricity Markets Authority [2024] EWHC 2584 (Admin) (11 October 2024)

LMN And EFG, R (On the Applications of) v Secretary of State for Work And Pensions [2024] EWHC 2577 (Admin) (10 October 2024)

MacCallum v The Secretary of State for Education [2024] EWHC 2454 (Admin) (10 October 2024)

High Court (Chancery Division)

South Bank Hotel Management Company Ltd v Galliard Hotels Ltd & Ors [2024] EWHC 2484 (Ch) (14 October 2024)

Mohammed & Ors v Patel & Ors [2024] EWHC 2581 (Ch) (11 October 2024)

Hadcliffe Properties Ltd v Rind Foundation & Anor [2024] EWHC 2587 (Ch) (11 October 2024)

Harworth Estates Investments Ltd v Westfield Park Ltd [2024] EWHC 2550 (Ch) (11 October 2024)

Jones v Aston Risk Management Ltd [2024] EWHC 2553 (Ch) (10 October 2024)

Morris v Morris & Ors [2024] EWHC 2554 (Ch) (09 October 2024)

High Court (Commercial Court)

URE Energy Ltd v Notting Hill Genesis [2024] EWHC 2537 (Comm) (14 October 2024)

Filatona Trading Ltd & Anor v Quinn Emanuel Urquhart & Sullivan UK LLP [2024] EWHC 2573 (Comm) (14 October 2024)

BM Brazil I Fundo De Investimento Em Participacoes Multistrategia & Ors v Sibanye BM Brazil (Pty) Ltd & Anor [2024] EWHC 2566 (Comm) (10 October 2024)

High Court (Family Division)

GH v GH (Rev1) [2024] EWHC 2547 (Fam) (03 October 2024)

AB v CD (Rev1) [2024] EWHC 2521 (Fam) (03 October 2024)

High Court (Patents Court)

Sandoz AG & Ors v Biogen MA Inc [2024] EWHC 2567 (Pat) (11 October 2024)

High Court (King’s Bench Division)

Heathrow Airport Ltd v Persons Unknown [2024] EWHC 2599 (KB) (14 October 2024)

Elphicke v Times Media Ltd [2024] EWHC 2595 (KB) (14 October 2024)

London City Airport Ltd v Docklands Aviation Group Ltd [2024] EWHC 2557 (KB) (11 October 2024)

Oliver v Duffy [2024] EWHC 2590 (KB) (11 October 2024)

Thurrock Council & Anor v Adams & Ors [2024] EWHC 2576 (KB) (11 October 2024)

ERE v East Suffolk and North Essex NHS Foundation Trust [2024] EWHC 2569 (KB) (11 October 2024)

Titan Wealth Holdings Ltd & Ors v Okunola [2024] EWHC 2586 (KB) (10 October 2024)

Armeniakou v Thomson [2024] EWHC 2568 (KB) (10 October 2024)

Titan Wealth Holdings Ltd & Ors v Okunola [2024] EWHC 2585 (KB) (09 October 2024)

High Court (Technology and Construction Court)

Jones v Persimmon Homes Ltd & Anor [2024] EWHC 2957 (TCC) (14 October 2024)

Source: www.bailii.org

Husband who escorted his wife to Switzerland not denied access to her estate under Forfeiture Rule – UK Human Rights Blog

Posted October 15th, 2024 in news by tracey

‘Philip Morris v James Morris, Kate Shmuel and Gregory White [2024] EWHC 2554 (Ch). These proceedings concerned the forfeiture rule under section 2(2) of the Forfeiture Act 1982 as it applies to the estates of people who travel to Switzerland for assisted dying (the 1982 Act). Mrs Myra Morris had ended her own life with the assistance of the staff at the Swiss clinic and the assistance of her husband Philip. She had been suffering from Multiple System Atrophy, a rare and degenerative neurological disorder with no known cure.’

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UK Human Rights Blog, 14th October 2024

Source: ukhumanrightsblog.com

Lord Hodge – The Supreme Court fifteen years on: continuity and change – Supreme Court

Posted October 15th, 2024 in news by tracey

‘Lecture at the UK Supreme Court’s 15th Anniversary event at the Senedd, Cardiff, 11 October, 2024.’

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Supreme Court, 11th October 2024

Source: www.supremecourt.uk

Lord Leggatt The Free Sea – Supreme Court

Posted October 15th, 2024 in news by tracey

‘Address at the Opening Ceremony for the Advanced LLM Programme, University of Leiden, September 2024.’

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Supreme Court, 11th October 2024

Source: www.supremecourt.uk

Government issues statutory guidance for local authorities on kinship care – Local Government Lawyer

Posted October 15th, 2024 in carers, children, families, government departments, local government, news by tracey

‘The Department for Education has published statutory guidance for local authorities and their staff, setting out how councils should support children in kinship care and kinship carers.’

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Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

Mother fleeing domestic abuse placed in unsuitable mixed-sex accommodation by council, Ombudsman finds – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found that the London Borough of Tower Hamlets failed to consider the impact of placing a vulnerable family with a history of PTSD from domestic abuse in mixed-sex shared accommodation.’

Full Story

Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge gives reasons for granting councils five-year injunction over Just Stop Oil protests – Local Government Lawyer

‘The High Court has granted Thurrock Council and Essex County Council a five-year injunction subject to yearly review against persons unknown in response to protest activity by Just Stop Oil.’

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Local Government Lawyer, 15th October 2024

Source: www.localgovernmentlawyer.co.uk

ICO reprimands law firm after client data ends up on dark web – Legal Futures

Posted October 15th, 2024 in confidentiality, data protection, internet, law firms, news, privacy, solicitors by tracey

‘A law firm that was hacked and had sensitive client data published on the dark web has been reprimanded by the Information Commissioner’s Office (ICO).’

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Legal Futures, 14th October 2024

Source: www.legalfutures.co.uk

“Disruptive action” may be needed to improve diversity, LSB warns – Legal Futures

‘Bullying and harassment is not limited to the Bar and “disruptive action” may be needed to create a “fair, healthy, diverse and inclusive legal profession”, the Legal Services Board (LSB) has warned.’

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Legal Futures, 15th October 2024

Source: www.legalfutures.co.uk

High Court orders City litigators to name source of “forged” report – Legal Futures

Posted October 15th, 2024 in arbitration, disclosure, forgery, law firms, news, Russia by tracey

‘The High Court has ordered a leading City litigation firm to name the source of a potentially forged report produced as part of an arbitration dispute between Russian oligarchs.’

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Legal Futures, 15th October 2024

Source: www.legalfutures.co.uk

Online predator who used fake profiles to talk to children jailed – Crown Prosecution Service

‘A man who used fake online profiles to talk to children and request indecent images from them has been jailed today.’

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Crown Prosecution Service, 14th October 2024

Source: www.cps.gov.uk

English coroner issues warning over death of woman trapped in ottoman bed – The Guardian

Posted October 15th, 2024 in accidents, coroners, health & safety, inquests, news by tracey

‘A coroner has warned that gas piston ottomans could present a risk to life, after a woman died when her bed collapsed on her, trapping her between the mattress and the base.’

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The Guardian, 14th October 2024

Source: www.theguardian.com

Hundreds of Afghan soldiers to be allowed to relocate to UK after U-turn – BBC News

Posted October 15th, 2024 in Afghanistan, armed forces, asylum, government departments, immigration, news by tracey

‘The government says it is allowing some “eligible” Afghan special forces soldiers who fought alongside the British military to resettle in the UK, after they were previously rejected.’

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BBC News, 14th October 2024

Source: www.bbc.co.uk

Fight begins to make mobile-free schools law – BBC News

Posted October 15th, 2024 in bills, education, internet, news, school children, telecommunications by tracey

‘Calls are growing to ban smartphones in schools in England by law, as education experts and unions back an MP’s attempt to push a new law through Parliament.’

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BBC News, 15th October 2024

Source: www.bbc.co.uk

Calls for investigation of Uber Eats and Deliveroo after raid on Bristol caravan camp – The Guardian

‘Migrant workers living in a caravan encampment raided by immigration enforcement officers have accused the Home Office of targeting the victims of labour exploitation rather than companies profiting from the hidden economy.’

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The Guardian, 12th October 2024

Source: www.theguardian.com

Hundreds of Afghan soldiers to become eligible to live in UK after new information found – The Guardian

‘An estimated 500 elite Afghan soldiers who fought alongside the British are expected to become eligible to come to the UK after a previous decision rejecting their applications was overturned.’

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The Guardian, 14th October 2024

Source: www.theguardian.com

Homelessness, disability and reasonable preference under allocation schemes – Nearly Legal

‘RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin). This was a judicial review challenge to LB Enfield’s allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who had the full housing duty under Part VII Housing Act 1996, who were also disabled.’

Full Story

Nearly Legal, 13th October 2024

Source: nearlylegal.co.uk

‘Good news’ as copyright and AI stand-off to end within months – OUT-LAW.com

‘The UK government is planning to end uncertainty around the use of copyright content as artificial intelligence (AI) training data in what appears to be good news for AI companies and creative industry stakeholders.’

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OUT-LAW.com, 10th October 2024

Source: www.pinsentmasons.com

Lord Sales – Purpose in Statutory Interpretation – Supreme Court

Posted October 14th, 2024 in judges, news, speeches, statutory interpretation by tracey

Lord Sales – Purpose in Statutory Interpretation, Oxford University and University of Notre Dame Seminar on Public Law Theory, 19 September 2024

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Supreme Court, 19th September 2024

Source: www.supremecourt.uk

Lord Reed – Asset Recovery and the Rule of Law – Supreme Court

Posted October 14th, 2024 in assets recovery, judges, news, Privy Council, speeches, Supreme Court by tracey

Lord Reed – Asset Recovery and the Rule of Law, Caribbean Judicial Civil Recovery Conference, Miami 3 September 2024

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Supreme Court, 3rd September 2024

Source: www.supremecourt.uk