BAILII: Recent Decisions

Posted March 22nd, 2022 in law reports by tracey

Court of Appeal (Criminal Division)

Keal, R. v [2022] EWCA Crim 341 (18 March 2022)

High Court (Administrative Court)

Ali, R (On the Application Of) v Police Appeals Tribunal [2022] EWHC 646 (Admin) (18 March 2022)

Gray v Solicitors Regulation Authority Ltd [2022] EWHC 624 (Admin) (18 March 2022)

Social Work England v Wilson [2022] EWHC 627 (Admin) (18 March 2022)

High Court (Chancery Division)

Counsel General for Wales & Ors v Allen & Ors [2022] EWHC 647 (Ch) (21 March 2022)

Wineapp Ltd v Johnson [2022] EWHC 620 (Ch) (21 March 2022)

Kumar v Sharma & Ors [2022] EWHC 612 (Ch) (18 March 2022)

Morina & Ors v Scherbakova & Ors (Re Estate of Vladimir Alekseyevich Scherbakov) [2022] EWHC 609 (Ch) (18 March 2022)

Axnoller Events Ltd v Brake & Anor [2022] EWHC 622 (Ch) (18 March 2022)

Musst Holdings Ltd v Astra Asset Management UK Ltd & Ors [2022] EWHC 629 (Ch) (18 March 2022)

High Court (Commercial Court)

Astor Management AG & Anor v Atalaya Mining PLC & Ors [2022] EWHC 628 (Comm) (21 March 2022)

High Court (Queen’s Bench Division)

Milner v Barchester Healthcare Homes Ltd [2022] EWHC 593 (QB) (22 March 2022)

Hudson v Hathway [2022] EWHC 631 (QB) (21 March 2022)

Source: www.bailii.org

UK businesses should be aware of a growing trend of climate change-based litigation according to one expert, after environmental law charity ClientEarth announced legal action against Shell – OUT-LAW.com

Posted March 22nd, 2022 in charities, climate change, company directors, derivative claims, energy, news by tracey

‘UK businesses should be aware of a growing trend of climate change-based litigation according to one expert, after environmental law charity ClientEarth announced legal action against Shell.’

Full Story

OUT-LAW.com, 18th March 2022

Source: www.pinsentmasons.com

TCC’s useful reminder of limits of natural justice challenges to adjudicators’ decisions – Practical Law: Construction Blog

‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’

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Practical Law: Construction Blog, 18th March 2022

Source: constructionblog.practicallaw.com

Must I share my future bonuses with my ex-spouse? – Family Law

Posted March 22nd, 2022 in divorce, family courts, financial provision, news, remuneration by tracey

‘With predictions that bonuses in the banking sector will be high this year; this article considers how bonus payments are dealt with upon divorce and for how long after separation they might be shared with a former spouse or civil partner.’

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Family Law, 18th March 2022

Source: www.familylaw.co.uk

Immigration DNA testing: supporting an application with DNA evidence – Family Law

Posted March 22nd, 2022 in citizenship, DNA, evidence, families, immigration, news by tracey

‘Casey Randall, Head of DNA at AlphaBiolabs, explores what family law professionals need to know about DNA testing for immigration purposes, including when a client might wish to submit DNA evidence, and which relationship tests are best for immigration applications.’

Full Story

Family Law, 18th March 2022

Source: www.familylaw.co.uk

Barristers to press ahead with legal aid action – Law Society’s Gazette

Posted March 22nd, 2022 in barristers, criminal justice, fees, industrial action, legal aid, news, remuneration by tracey

‘Barristers will not be balloted on whether they are happy to accept the proposed £135m package of criminal legal aid reforms announced last week, the Criminal Bar Association has revealed.’

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Law Society's Gazette, 22nd March 2022

Source: www.lawgazette.co.uk

Home Office stops married couple being together for birth of first child – The Guardian

Posted March 22nd, 2022 in birth, freedom of movement, immigration, married persons, news by tracey

‘A married couple have been left “broken” and in “shock” after being barred by the Home Office from being together for the birth of their first baby, due in the next few days.’

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The Guardian, 21st March 2022

Source: www.theguardian.com

Police guidance on facial recognition technology ‘a hammer blow to privacy’ – The Independent

Posted March 22nd, 2022 in facial mapping, identification, news, police, privacy, victims, witnesses by tracey

‘Innocent people like victims and potential witnesses could be placed on police watchlists under guidance on the use of facial recognition systems, civil liberties groups have warned.’

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The Independent, 22nd March 2022

Source: www.independent.co.uk

Judge to rule in police bid for Birmingham bombing journalist material – The Independent

Posted March 22nd, 2022 in disclosure, media, miscarriage of justice, news, police, terrorism by tracey

‘A judge is expected to deliver his ruling in the case of a journalist who investigated the 1974 Birmingham pub bombings and resisted a police bid to force him to reveal his sources.’

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The Independent, 22nd March 2022

Source: www.independent.co.uk

Rapist jailed for 17 years after attacking again while on bail – The Guardian

Posted March 22nd, 2022 in bail, news, rape, sentencing, sexual offences by tracey

‘A “cold, unempathetic, manipulative” student who raped and sexually attacked two women while he was on bail and being investigated for an earlier violent rape has been jailed for 17 years.’

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The Guardian, 21st March 2022

Source: www.theguardian.com

Largest further education provider in London to appoint law firm to £1m contract – Local Government Lawyer

Posted March 21st, 2022 in education, law firms, legal services, news by sally

‘The largest further education provider in London, Capital City College Group (CCCG), is to appoint a legal services provider to a £1m, four-year contract.’

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Local Government Lawyer, 21st March 2022

Source: www.localgovernmentlawyer.co.uk

Two new cases where parents try to stop adoptions – Transparency Project

‘This post is about two recent judgments with a similar theme – attempts by birth parents to stop an adoption going through, on the legal basis of caselaw interpretation of the Adoption and Children Act 2002 that their circumstances had changed and that the original welfare decision and plan therefore need reconsidering. One, Re D, is a decision on leave to apply to revoke placement orders and the second, Re A and B, is a decision on opposing adoption orders. This means that the children in Re D are not yet living with prospective adopters, although the children in Re A and B are.’

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Transparency Project, 20th March 2022

Source: www.transparencyproject.org.uk

The Husband’s Stitch: A Violation of Patients’ Bodily Autonomy – Oxford Human Rights Hub

Posted March 21st, 2022 in birth, doctors, families, female genital mutilation, medical treatment, news by sally

‘The ‘husband’s stitch’ is the practice of placing an extra stitch at the vaginal opening of a patient after birth for cosmetic purposes. This practice has at times been inflicted upon birthing patients non-consensually, and a gap in British legislation leaves these individuals particularly vulnerable to obstetric violence.’

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Oxford Human Rights Hub, 9th March 2022

Source: ohrh.law.ox.ac.uk

Enacting ECHR compliant measures to confiscate property: imposing sanctions on Russian oligarchs for the invasion of Ukraine – Property Law Blog

‘In the wake of Russia’s invasion of Ukraine, there have been widespread calls to expand the sanctions imposed on Russian oligarchs linked to President Vladmir Putin. According to reporting by the Financial Times, civil servants are currently “examining very carefully” what powers are needed to “swiftly acquire specific land and property owned by a sanctioned person, without the need to pay them compensation.”’

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Property Law Blog, 11th March 2022

Source: www.law.ox.ac.uk

Council prosecution sees homeowner ordered to pay £40k+ for unauthorised extension – Local Government Lawyer

Posted March 21st, 2022 in confiscation, enforcement notices, fines, housing, local government, news, planning by sally

‘A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.’

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Local Government Lawyer, 21st March 2022

Source: www.localgovernmentlawyer.co.uk

Should Access To The Internet Be A Human Right? – Each Other

Posted March 21st, 2022 in coronavirus, human rights, internet, news by sally

‘A right to internet access might sound trivial to some, but for many people access to the internet continues to provide a lifeline. Even after national Covid-19 restrictions have been lifted, many people remain dependant on the internet as a means of accessing medication, food, an education and a source of income.’

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Each Other, 17th March 2022

Source: eachother.org.uk

Joanne Tulip: Justice Secretary blocks killer’s move to open prison – BBC News

Posted March 21st, 2022 in imprisonment, Ministry of Justice, murder, news, parole, prisons by sally

‘A bid to move the killer of Joanne Tulip to an open prison has been blocked by Dominic Raab.’

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BBC News, 19th March 2022

Source: www.bbc.co.uk

Drive-by shooter jailed after being caught on primary school CCTV – Daily Telegraph

‘A drive-by shooter has been jailed for more than five years after opening fire near a primary school.’

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Daily Telegraph, 19th March 2022

Source: www.telegraph.co.uk

Wales introduces ban on smacking and slapping children – The Guardian

Posted March 21st, 2022 in assault, child cruelty, children, families, news, Wales by sally

‘Smacking and slapping children has been outlawed in Wales, with people told to contact social services or police if they see a parent or carer meting out physical punishment.’

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The Guardian, 21st March 2022

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted March 18th, 2022 in judiciary, legislation, national insurance, pensions by tracey

2022 c. 9 – National Insurance Contributions Act 2022

2022 c. 7 – Public Service Pensions and Judicial Offices Act 2022

Source: www.legislation.gov.uk