Month: July 2022

BAILII: Recent Decisions

Posted July 29th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Corbett v Cornwall Council [2022] EWCA Civ 1069 (27 July 2022)

DJ v Secretary of State for the Home Department [2022] EWCA Civ 1057 (29 July 2022)

Executor of HRH Prince Philip, the Duke of Edinburgh (Deceased) & Anor v Guardian News and Media [2022] EWCA Civ 1081 (29 July 2022)

Inmarsat Global Ltd v Commissioners for Her Majesty’s Revenue and Customs [2022] EWCA Civ 1076 (28 July 2022)

Khan v Mehmood (No. 2 Costs) [2022] EWCA Civ 1075 (28 July 2022)

London & South Eastern Railway Ltd & Ors v Gutmann [2022] EWCA Civ 1077 (28 July 2022)

Mueen-Uddin v Secretary of State for the Home Department [2022] EWCA Civ 1073 (28 July 2022)

Court of Appeal (Criminal Division)

Magson, R. v [2022] EWCA Crim 1064 (29 July 2022)

Stewart & Ors, R. v [2022] EWCA Crim 1063 (29 July 2022)

High Court (Administrative Court)

London Borough of Brent v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 2051 (Admin) (29 July 2022)

Elmeris v The General Prosecutor’s Office, Republic of Latvia [2022] EWHC 2002 (Admin) (29 July 2022)

Burghelea v Bucharest Tribunal Romania [2022] EWHC 2015 (Admin) (29 July 2022)

Devine v Secretary of State for Levelling Up Housing and Communities [2022] EWHC 2031 (Admin) (29 July 2022)

Public Prosecutor’s Office, Court of Appeal of Thessaloniki, Hellenic Republic v Hysa & Ors [2022] EWHC 2050 (Admin) (29 July 2022)

SPM & Anor, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2007 (Admin) (28 July 2022)

High Court (Chancery Division)

Alokaili & Anor v Chohan & Ors [2022] EWHC 2043 (Ch) (29 July 2022)

Isaac v Tan & Anor [2022] EWHC 2023 (Ch) (29 July 2022)

Elias v Mamistvalov & Anor [2022] EWHC 1930 (Ch) (28 July 2022)

Kennedy v Official Receiver [2022] EWHC 1973 (Ch) (28 July 2022)Libyan Investment Authority & Ors v King & Ors [2022] EWHC 1964 (Ch) (27 July 2022)

Pile v Pile [2022] EWHC 2036 (Ch) (26 July 2022)

High Court (Commercial Court)

Canara Bank v MCS International Ltd & Anor [2022] EWHC 2012 (Comm) (29 July 2022)

Lenkor Energy Trading DMCC v Puri [2022] EWHC 2047 (Comm) (29 July 2022)

Bugsby Property LLC v LGIM Commercial Lending Ltd & Anor [2022] EWHC 2001 (Comm) (27 July 2022)

High Court (Family Division)

Osborne v Arnold [2022] EWHC 1983 (Fam) (25 July 2022)

K v N [2022] EWHC 1827 (Fam) (13 July 2022)

High Court (Queen’s Bench Division)

Watts v North Bristol NHS Trust [2022] EWHC 2048 (QB) (29 July 2022)

McCaul v Lancashire Teaching Hospitals NHC Foundation Trust [2022] EWHC 1963 (QB) (28 July 2022)

Abdel-Kader & Ors v Royal Borough of Kensington and Chelsea & Ors [2022] EWHC 2006 (QB) (28 July 2022)

High Court (Technology and Construaction Court)

Balfour Beatty Regional Construction Ltd v Broadway Malyan Ltd [2022] EWHC 2022 (TCC) (29 July 2022)

Source: www.bailii.org

Rebekah Vardy loses ‘Wagatha Christie’ libel case against Coleen Rooney – The Guardian

Posted July 29th, 2022 in costs, defamation, evidence, media, news, telecommunications by sally

‘Rebekah Vardy has lost her “Wagatha Christie” libel case against Coleen Rooney, in a dramatic self-inflicted legal defeat that leaves her reputation destroyed.’

Full Story

The Guardian, 29th July 2022

Source: www.theguardian.com

Barrister compliance with transparency rules increases sharply – Legal Futures

Posted July 29th, 2022 in barristers, consumer protection, news, statistics by sally

‘The Bar has improved its compliance with the rules on transparency and more consumers are shopping around for potential providers, Bar Standards Board (BSB) research has found.’

Full Story

Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

Archie Battersbee’s parents fail in life support bid at supreme court – The Guardian

Posted July 29th, 2022 in accidents, appeals, children, delay, doctors, families, government departments, medical treatment, news, Supreme Court, United Nations by sally

‘The parents of 12-year-old Archie Battersbee, who was left in a comatose state after suffering brain damage, have failed to persuade the supreme court to intervene in a life support treatment battle.’

Full Story

The Guardian, 28th July 2022

Source: www.theguardian.com

High Court ruling a warning to lawyers who ‘shoehorn’ claimants into class actions – OUT-LAW.com

Posted July 29th, 2022 in case management, civil procedure rules, class actions, damages, government departments, law firms, news, noise, personal injuries, solicitors by sally

‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’

Full Story

OUT-LAW.com, 27th July 2022

Source: www.pinsentmasons.com

Unreasonable refusal to engage with ADR – Law Society’s Gazette

Posted July 29th, 2022 in civil procedure rules, costs, dispute resolution, indemnities, law firms, negligence, news by sally

‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’

Full Story

Law Society's Gazette, 22nd July 2022

Source: www.lawgazette.co.uk

Union’s head of legal receives apology over picket line arrest – Legal Futures

Posted July 29th, 2022 in barristers, damages, demonstrations, false imprisonment, industrial action, news, police, trade unions by sally

‘A barrister working as a trade union’s in-house lawyer has received a formal apology and damages of £3,000 from the Metropolitan Police after he was arrested on a picket line.’

Full Story

Legal Futures, 28th July 2022

Source: www.legalfutures.co.uk

Court of Appeal outlines approach advocates and judges should take to requests for clarification of judgments – Local Government Lawyer

Posted July 29th, 2022 in appeals, child abuse, children, families, family courts, judges, judgments, news, sexual offences by sally

‘The Court of Appeal has considered the extent to which judges are required to respond to requests for clarifications in judgments.’

Full Story

Local Government Lawyer, 28th July 2022

Source: www.localgovernmentlawyer.co.uk

Key information about adopting mother not shared before baby’s murder, report finds – The Guardian

Posted July 29th, 2022 in adoption, alcohol abuse, causing death of children or vulnerable adults, children, local government, mental health, murder, news, social services by sally

‘Information about drinking, debts and mental health that could have prevented a baby boy being placed with an adopting mother who went on to murder him was not shared between agencies, an investigation has concluded.’

Full Story

The Guardian, 28th July 2022

Source: www.theguardian.com

“Trial by internet” – Judges turn to Wikipedia to aid reasoning – Legal Futures

Posted July 29th, 2022 in internet, judges, news by sally

‘Judges are using Wikipedia to research legal issues and allowing it to influence their reasoning, ground-breaking research has discovered.’

Full Story

Legal Futures, 28th July 2022

Source: www.legalfutures.co.uk

Ian Stewart: Sons granted £185k confiscation order – BBC News

Posted July 29th, 2022 in compensation, confiscation, families, murder, news by sally

‘The sons of a double murderer are to share £185,000 from their mother’s estate, a court has ruled.’

Full Story

BBC News, 28th July 2022

Source: www.bbc.co.uk

Wayne Couzens loses appeal against whole-life sentence -Daily Telegraph

Posted July 29th, 2022 in appeals, imprisonment, kidnapping, murder, news, police, rape, sentencing, sexual offences by sally

‘Wayne Couzens is still set to die in prison after he lost his bid to reduce his sentence at the Court of Appeal.’

Full Story

Daily Telegraph, 29th July 2022

Source: www.telegraph.co.uk

Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures

Posted July 29th, 2022 in appeals, class actions, competition, costs, news, striking out, third parties, transport, tribunals by sally

‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’

Full Story

Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

Solemn sentencing is no circus as cameras enter English courts – The Guardian

Posted July 29th, 2022 in criminal justice, Crown Court, homicide, media, news, reporting restrictions, sentencing by sally

‘Almost 100 years after a ban on cameras in criminal courts was enshrined in law, the first broadcast from an English crown court went out on Thursday and is likely to have left many viewers asking: “Why has it taken so long?”’

Full Story

The Guardian, 28th July 2022

Source: www.theguardian.com

Joe Tomlinson, Naoise Coakley and Roisin Gambroudes: It’s a trap! The changing dynamics of executive engagements with judicial review – UK Constitutional Law Association

Posted July 28th, 2022 in government departments, judicial review, ministers' powers and duties, news by sally

‘It is not surprising or new that the executive plays institutional chess with the courts. Judicial review, though concerned with legality, is functionally concerned with the control of governmental power and any review exercise by the courts–no matter how legitimate–is likely to be felt by officials as impacting upon their domain from time to time. If a system of judicial review did not make officials feel this way at least on occasion, it would not be a worthwhile system at all.’

Full Story

UK Constitutional Law Association, 28th July 2022

Source: ukconstitutionallaw.org

SAS killings: Ministry of Defence proposes judge-led review – BBC News

Posted July 28th, 2022 in Afghanistan, armed forces, news, police, reports, unlawful killing by sally

‘The Ministry of Defence has proposed an independent review of how it handled allegations that the SAS executed unarmed civilians in Afghanistan.’

Full Story

BBC News, 27th July 2022

Source: www.bbc.co.uk

Met fails in second bid to sack senior officer over child abuse video – The Guardian

Posted July 28th, 2022 in child abuse, disciplinary procedures, London, news, police, unfair dismissal, video recordings by sally

‘The high court has thrown out the Metropolitan police’s latest attempt to sack a decorated senior black officer, with a judge branding one of its arguments “hopeless”.’

Full Story

The Guardian, 26th July 2022

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 28th, 2022 in legislation by michael

SI 2022/874 – The Finance Act 2021, Schedule 5 (Pension Schemes: Collective Money Purchase Benefits) (Appointed Day) Regulations 2022

SI 2022/872 – The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) (No. 2) Order 2022

SI 2022/871 – The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) Order 2022

SI 2022/870 – The Register of Overseas Entities (Delivery, Protection and Trust Services) Regulations 2022

SI 2022/868 – The Air Navigation (Restriction of Flying) (Portrush) Regulations 2022

SI 2022/866 – The Air Navigation (Restriction of Flying) (Wembley Stadium) Regulations 2022

Source: www.legislation.gov.uk

Fire safety ruling has implications for cladding disputes – OUT-LAW.com

Posted July 28th, 2022 in construction industry, contracts, defective premises, fire, health & safety, news, standards by sally

‘Construction companies contracted to design and build cladding systems for buildings may have to pick up the cost of replacing those systems in light of a new ruling by the High Court in London.’

Full Story

OUT-LAW.com, 25th July 2022

Source: www.pinsentmasons.com

MPs call for menopause to be protected characteristic in UK Equality Act – The Guardian

Posted July 28th, 2022 in employment, equality, health, menopause, news, reports, women by sally

‘MPs have called for menopause to be a protected characteristic and for a special ambassador to keep women in the workplace, after a report showed the UK is currently “haemorrhaging talent”.’

Full Story

The Guardian, 28th July 2022

Source: www.theguardian.com