Day: 18 October 2021
BAILII: Recent Decisions
Court of Appeal (Civil Division)
MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500 (15 October 2021)
Hirachand v Hirachand & Anor [2021] EWCA Civ 1498 (15 October 2021)
Court of Appeal (Criminal Division)
White, R. v [2021] EWCA Crim 1511 (15 October 2021)
High Court (Administrative Court)
Stonewater (2) Ltd v Wealden District Council [2021] EWHC 2750 (Admin) (15 October 2021)
High Court (Chancery Division)
High Court (Commercial Court)
Eim v Stacha [2021] EWHC 2761 (Comm) (14 October 2021)
High Court (Queen’s Bench Division)
Square Developments Richmond Ltd v Blakebrough & Ors [2021] EWHC 2756 (QB) (15 October 2021)
High Court (Technology and Construction Court)
Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC) (14 October 2021)
Source: www.bailii.org
Upper Tribunal decides modified Paposhvili test applies to mental illness/risk of suicide cases – EIN Blog
‘In MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC) (23 August 2021), the Upper Tribunal made it clear from the outset that the appellant’s appeal was allowed on Article 3 health grounds, which was the determinative issue in the appeal.’
EIN Blog, 15th October 2021
Source: www.ein.org.uk
Michael Foran: Parliamentary Sovereignty and the Politics of Law-making – UK Constitutional Law Association
‘Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal terms: it is a legal principle with legal effect, speaking to other legal entities within our constitutional order regarding how they are to exercise their legal functions in light of legislation passed by Parliament. In essence, it is a doctrine of legislative supremacy which honours Parliament’s constitutional role by according its enactments their due authority. On this view, no discernible distinction exists between parliamentary sovereignty and Parliament’s law-making powers because sovereignty describes the scope and weight of those very powers.’
UK Constitutional Law Association, 18th October 2021
Source: ukconstitutionallaw.org
Landlord ordered to pay more than £33k in fines and costs over failure to license property – Local Government Lawyer
‘Merton Council has successfully prosecuted a landlord and his associated property agency for letting unsafe properties and operating in an unlicensed manner.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette
‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’
Law Society's Gazette, 15th October 2021
Source: www.lawgazette.co.uk
Concern police will be able to ‘strong-arm’ NHS to hand over patient data under new plans – The Independent
‘Police forces will be able to “strong-arm” NHS bodies into handing over confidential patient data under planned laws that have sparked fury from doctors’ groups and the UK’s medical watchdog.’
The Independent, 17th October 2021
Source: www.independent.co.uk
Man shot by police was unlawfully killed, inquest finds – The Independent
‘A man who was shot dead by police while carrying an axe through the centre of Hull was unlawfully killed, an inquest jury has ruled.’
The Independent, 16th October 2021
Source: www.independent.co.uk
Last-minute legal claims brought by deportees due to ‘shambolic’ advice system in detention, lawyers warn – The Independent
‘Last-minute legal claims are being brought by people facing deportation due to the “shambolic” legal advice system in removal centres, lawyers have warned.’
The Independent, 17th October 2021
Source: www.independent.co.uk
Raab threat to ‘correct’ court judgments is ‘deeply troubling’, warn legal experts – The Independent
‘Legal experts have responded with alarm to suggestions from justice secretary Dominic Raab that he will legislate to “correct” court judgments in human rights cases that go against the government.’
The Independent, 17th October 2021
Source: www.independent.co.uk
Thousands of potential trafficking victims held in immigration centres, data shows – The Guardian
‘More than 4,500 people have been held in immigration detention in England and Wales before being released into the community and only then identified as potential victims of trafficking, official figures for the past five years show.
Charities claim the figures demonstrate a “detain first, ask later” attitude that runs counter to the fight against modern slavery and suggest others are probably being deported without having been referred for support. They fear the situation will be exacerbated by the nationality and borders bill, which they say makes it harder to identify victims.’
The Guardian, 18th October 2021
Source: www.theguardian.com
