Day: 1 November 2021
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Partington v Rossiter [2021] EWCA Civ 1564 (29 October 2021)
SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566 (29 October 2021)
High Court (Chancery Division)
Macey v Pizza Express (Restaurants) Ltd [2021] EWHC 2847 (Ch) (29 October 2021)
Wang & Ors v Otaibi & Ors [2021] EWHC 2896 (Ch) (29 October 2021)
BASF Corporation & Ors v Carpmaels And Ransford (A Firm) [2021] EWHC 2899 (Ch) (29 October 2021)
High Court (Family Division)
Kaur v Bolina & Anor [2021] EWHC 2894 (Fam) (29 October 2021)
High Court (Patents Court)
Source: www.bailii.org
Waiver and determining breach of lease – Nearly Legal
‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
Rent Repayment applications – time limits for substituting parties – Nearly Legal
‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
The Court of Protection and Criminal Law – UK Human Rights Blog
‘Re C [2021] EWCA Civ 1527. This is an appeal from Hayden J’s judgment in Re C [2021] EWCOP 25. The appeal was allowed on the basis that care workers making arrangements to secure the services of a sex worker for C would place the care workers in peril of committing an offence contrary to section 39 of the Sexual Offences Act 2003 (“SOA”).’
UK Human Rights Blog, 30th October 2021
Source: ukhumanrightsblog.com
Judge credits psychological assessment with calming of “high octane” conflict between parents and care workers – Local Government Lawyer
‘A High Court judge has credited a psychological assessment “almost entirely” for helping repair a deeply polarised relationship between care workers and the parents of a boy with serious disabilities who is subject of an application for a care order.’
Local Government Lawyer, 29th October 2021
Source: www.localgovernmentlawyer.co.uk
Research briefing: Bankruptcy: trustee’s right of inquiry – House of Commons Library
‘This Commons briefing paper provides an outline of the trustee’s right of inquiry into the bankrupt’s property and dealings, including his right to examine third parties.’
House of Commons Library , 29th October 2021
Source: commonslibrary.parliament.uk
Court allows part of negligence claim against firm to go to trial – Legal Futures
‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’
Legal Futures, 1st November 2021
Source: www.legalfutures.co.uk
FCA wins appeal over action on Carillion collapse – Law Society’s Gazette
‘The Financial Conduct Authority does not need the permission of the insolvency court to take regulatory action against a company in liquidation, the High Court has ruled in a case concerning the “spectacular collapse” of construction giant Carillion.’
Law Society's Gazette, 29th October 2021
Source: www.lawgazette.co.uk
Mishcon fined £25,000 over football transfer payments – Law Society’s Gazette
‘London firm Mishcon de Reya has been fined £25,000 by the Solicitors Disciplinary Tribunal for failing to prevent payments being made into and from the client account to pay third parties involved in football transfers.’
Law Society's Gazette, 29th October 2021
Source: www.lawgazette.co.uk
Home Office must rethink ‘regressive’ plans to use X-ray asylum seekers for age assessments, say charities – The Independent
‘The Home Office must rethink its “regressive and unethical” plans to use scientific methods such X-rays to age assess asylum seekers, a coalition of children’s charities has warned.’
The Independent, 1st November 2021
Source: www.independent.co.uk
Bristol ‘Kill the Bill’ protester convicted of trying to endanger police by torching vans – The Independent
‘A protester has been convicted of trying to endanger the life of a police officer by torching a van during a riot after the “Kill the Bill” demonstrations in Bristol earlier this year.’
The Independent, 30th October 2021
Source: www.independent.co.uk
Penelope Jackson guilty of murdering husband over dinner row – BBC News
‘A woman has been found guilty of murder after stabbing her husband to death following a row over a birthday meal.’
BBC News, 30th October 2021
Source: www.bbc.co.uk
‘Honour-based’ offences soared by 81% in last five years – The Guardian
‘The number of “honour-based” abuse (HBA) offences recorded by English police forces has soared over the past five years, figures suggest. According to data from the 28 out of 39 constabularies that responded to freedom of information (FoI) requests, the number of HBA cases – including offences such as rape, death threats and assault – rose from 884 in 2016 to 1,599 last year, a rise of 81%.’
The Guardian, 31st October 2021
Source: www.theguardian.com
Toughen up rules on ministers’ conduct, says standards watchdog – BBC News
‘The rules governing the conduct of ministers and senior civil servants need to be toughened up, according to a new report. The Committee on Standards in Public Life – which advises the PM on ethical standards – has been carrying out a review into processes in Westminster.’
BBC News, 1st November 2021
Source: www.bbc.co.uk
