Month: July 2022

BAILII: Recent Decisions

Posted July 28th, 2022 in law reports by michael

Court of Appeal (Civil Division)

ST v BAI (SA) (t/a Brittany Ferries) (Rev1) [2022] EWCA Civ 1037 (27 July 2022)

George v Cannell & Anor [2022] EWCA Civ 1067 (27 July 2022)

Rose v Secretary of State for the Home Department [2022] EWCA Civ 1068 (27 July 2022)

Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2022] EWCA Civ 1021 (27 July 2022)

Athena Capital Fund v Secretariat of State for the Holy See [2022] EWCA Civ 1051 (26 July 2022)

Dance & Anor v Barts Health NHS Trust & Anor [2022] EWCA Civ 1055 (25 July 2022)

High Court (Administrative Court)

Bell, R (On the Application Of) v London Borough of Lambeth [2022] EWHC 2008 (Admin) (27 July 2022)

Mortgage Agency Service Number Five Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2022] EWHC 1979 (Admin) (27 July 2022)

High Court (Commercial Court)

Lenkor Energy Trading DMCC v Puri [2022] EWHC 1958 (Comm) (27 July 2022)

Vitol SA v Genser Energy Ghana Ltd [2022] EWHC 1812 (Comm) (22 July 2022)

Mountain Ash Portfolio Ltd v Vasilyev [2022] EWHC 1867 (Comm) (21 July 2022)

High Court (Queen’s Bench Division)

Keegan v Independent Insurance Company Ltd & Anor [2022] EWHC 1992 (QB) (27 July 2022)

Lisa Jones v Richard Slade And Company Ltd [2022] EWHC 1968 (QB) (27 July 2022)

Thurrock Council v Stokes & Ors [2022] EWHC 1998 (QB) (27 July 2022)

High Court (Technology and Construction Court)

MW High Tech Projects UK Ltd v Greenhalgh & Ors [2022] EWHC 2000 (TCC) (27 July 2022)

Source: www.bailii.org

The Government’s Net Zero Strategy Ruled ‘Unlawful’ – Each Other

Posted July 28th, 2022 in bills, climate change, judicial review, ministers' powers and duties, news, pollution by sally

‘In a landmark victory, the High Court has ruled in favour of Friends of The Earth, ClientEarth and the Good Law Project, who took the Government to court over its Net Zero Strategy. Now that the policy has been deemed unlawful, the government must revise its strategy and lay out a credible plan for meeting emissions targets.’

Full Story

Each Other, July 2022

Source: eachother.org.uk

Windrush man was treated shamefully, appeal judges say – BBC News

Posted July 28th, 2022 in appeals, assault, citizenship, colonies, criminal records, immigration, news by sally

‘A man who travelled to Britain in 1960 when he was three, as part of the Windrush generation, was “shamefully treated”, senior judges have said.’

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BBC News, 28th July 2022

Source: www.bbc.co.uk

MoR proposes ‘major new project’ to boost blockchain – Law Society’s Gazette

Posted July 28th, 2022 in choice of forum, cryptocurrencies, dispute resolution, news, speeches, taxation by sally

‘Putting tax payments or property transactions on blockchain – or issuing a Bank of England-backed digital currency – would help entrench English law as the forum of choice for resolving crypto disputes, the master of the rolls has said in a constitutionally daring intervention into policy-making.’

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Law Society's Gazette, 26th July 2022

Source: www.lawgazette.co.uk

High Court refuses council judicial review bid over routeing of lorries to HS2 construction sites – Local Government Lawyer

Posted July 28th, 2022 in judicial review, local government, news, planning, railways, roads by sally

‘A judicial review application by Buckinghamshire Council contesting a decision by the Secretary of State for Transport and the Secretary of State for Levelling up, Housing and Communities to approve lorry routes for the construction of High Speed 2 has been refused by the High Court.’

Full Story

Local Government Lawyer, 26th July 2022

Source: www.localgovernmentlawyer.co.uk

Crown court sentencing remarks to be televised for first time – The Guardian

Posted July 27th, 2022 in Crown Court, media, news, reporting restrictions, sentencing by sally

‘The Old Bailey will be opened up to cameras on Thursday as sentencing remarks from a crown court case in England and Wales are broadcast for the first time.’

Full Story

The Guardian, 27th July 2022

Source: www.theguardian.com

Teen Snapchat hacker jailed after threatening to post nudes to make cash – Daily Telegraph

Posted July 27th, 2022 in blackmail, fraud, imprisonment, news, sentencing, sexual offences by sally

‘A teenage hacker has been jailed after threatening to post nudes stolen from women’s Snapchat accounts to make money, police have said.’

Full Story

Daily Telegraph, 26th July 2022

Source: www.telegraph.co.uk

Allison Bailey: Barrister awarded £22,000 in discrimination case – BBC News

Posted July 27th, 2022 in barristers, compensation, damages, diversity, employment, employment tribunals, equality, freedom of expression, gender, news, transgender persons by sally

‘A barrister has won part of her employment tribunal claim that she was discriminated against because of her gender-critical views.’

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BBC News, 27th July 2022

Source: www.bbc.co.uk

E-scooters: legalise but regulate, says consumer body – Law Society’s Gazette

Posted July 27th, 2022 in accidents, compensation, motorcycles, news, personal injuries, road safety, road traffic by sally

‘Victims of accidents involving illegally ridden e-scooters face an unnecessarily arduous battle for compensation, according to a report calling for legalisation and regulation for the battery-powered vehicles.’

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Law Society's Gazette, 25th July 2022

Source: www.lawgazette.co.uk

Out-of-wedlock children struggle to prove their identity in immigration – EIN Blog

Posted July 27th, 2022 in birth certificates, children, DNA, families, immigration, Jamaica, news by sally

‘Identity of one’s self is important in almost every aspect of one’s life. And this is also the case when it comes to trying to prove your identity in the legal sphere, namely, immigration. This pursuit of identity has been problematic for those children born out of wedlock in countries such as Jamaica, where giving birth to a child out of wedlock still attracts scorn and ostracism and subsequently struggle to prove their paternity for immigration purposes.’

Full Story

EIN Blog, 25th July 2022

Source: www.ein.org.uk

Waiting Times for Ambulances Could Violate Your Right to Health – Each Other

Posted July 27th, 2022 in delay, health, hospitals, human rights, news by sally

‘Waiting times for ambulances in England rose last month, prompting concerns that the service is “under intense pressure”. New data from NHS England shows that patients calling ambulances for serious conditions, such as a suspected stroke, had to wait an average of 51 minutes, more than double the 18 minute standard set by the NHS. This increased by more than 11 minutes since the previous month. The most urgent calls for life-threatening illnesses or injuries, the average waiting time in June was nine minutes, more than two minutes longer than the standard set by the NHS.’

Full Story

Each Other, 26th July 2022

Source: eachother.org.uk

Man who stabbed girlfriend 29 times in Gateshead jailed for life – The Guardian

Posted July 27th, 2022 in attempted murder, domestic violence, imprisonment, news, sentencing by sally

‘A man who stabbed his partner 29 times and left her locked in their house in a pool of blood has been jailed for life.’

Full Story

The Guardian, 25th July 2022

Source: www.theguardian.com

Emily Maitlis stalker guilty of trying to breach order – BBC News

Posted July 27th, 2022 in news, restraining orders, stalking by sally

‘A man who stalked broadcaster Emily Maitlis has been found guilty of attempting to breach a restraining order for the 20th time.’

Full Story

BBC News, 26th July 2022

Source: www.bbc.co.uk

Edmund Robinson: Fumbling with interpretation – Clause 5 of the Bill of Rights and the positive obligations challenge – UK Constitutional Law Association

Posted July 27th, 2022 in bills, brexit, constitutional law, human rights, interpretation, news by sally

‘The ‘Bill of Rights Bill’, repealing and replacing the Human Rights Act, has already attracted significant criticism. This post focuses on clause 5, with which the government seeks to give effect to its previously expressed scepticism regarding ‘positive obligations’. These are duties on the authorities to take positive measures to protect individuals from human rights breaches, rather than merely refraining from breaching those rights with their own actions. The obligation to protect those suffering domestic violence is such an obligation.’

Full Story

UK Constitutional Law Association, 27th July 2022

Source: ukconstitutionallaw.org

Amine Laouar guilty of Leon Street’s murder and injuring two others – BBC News

Posted July 27th, 2022 in attempted murder, DNA, grievous bodily harm, murder, news by sally

‘A university student has been found guilty of killing one man and injuring two more during a spree of “random” knife attacks in north London.’

Full Story

BBC News, 26th July 2022

Source: www.bbc.co.uk

Law change allows organisations to employ agency workers during strikes – Local Government Lawyer

Posted July 27th, 2022 in damages, employment, government departments, industrial action, local government, news, trade unions by sally

‘A new law is now in place that will enable organisations impacted by industrial action to plug staffing gaps with agency workers, the Government has said.’

Full Story

Local Government Lawyer, 25th July 2022

Source: www.localgovernmentlawyer.co.uk

What if it is not just my fault? A whistle stop guide to making a contribution claim – Mills & Reeve

Posted July 27th, 2022 in chambers articles, civil procedure rules, compensation, contribution, damages, news, third parties by sally

‘In principle, a claim can be made against one responsible party for all losses suffered, even when other parties were involved (e.g. a claim against solicitors when a barrister may have also provided advice) but what if a claim is made against you and you aren’t the only one to blame?’

Full Story

Mills & Reeve, 26th July 2022

Source: www.mills-reeve.com

Facial recognition cameras in UK retail chain challenged by privacy group – The Guardian

Posted July 27th, 2022 in charities, complaints, facial mapping, news, privacy by sally

‘Shoppers at a grocery store chain across southern England are being surveilled with facial recognition cameras, prompting a legal complaint by civil rights campaigners.’

Full Story

The Guardian, 26th July 2022

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 26th, 2022 in law reports by michael

Court of Appeal (Civil Division)

BG & Anor, R (On the Application Of) v Suffolk County Council (Consequentials) [2022] EWCA Civ 1053 (26 July 2022)

Sayn-Wittgenstein-Sayn v HM Juan Carlos Alfonso Victor Maria de Borbon y Borbon [2022] EWCA Civ 1052 (26 July 2022)

Singh v Secretary of State for the Home Department [2022] EWCA Civ 1054 (26 July 2022)

BG & Anor, R (On the Application Of) v Suffolk County Council [2022] EWCA Civ 1047 (26 July 2022)

Athena Capital Fund SICAV-FIS SCA & Ors v Secretariat of State for the Holy See (Costs) [2022] EWCA Civ 1061 (26 July 2022)

High Court (Administrative Court)

Commissioner of Police of the Metropolis, R (On the Application Of) v Police Appeals Tribunal [2022] EWHC 1951 (Admin) (26 July 2022)

Pollock, R (On the Application Of) v CYSUR: Mid and West Wales Safeguarding Children Board [2022] EWHC 1899 (Admin) (26 July 2022)

The Anti-Trafficking And Labour Exploitation Unit & Anor v The Secretary of State for Justice [2022] EWHC 1962 (Admin) (26 July 2022)

High Court (Chancery Division)

Laird v Simcock & Ors [2022] EWHC 1865 (Ch) (26 July 2022)

Turner & Ors v Thomas & Anor (Costs) [2022] EWHC 1944 (Ch) (26 July 2022)

Satyam Enterprises Ltd v Burton & Anor [2022] EWHC 1987 (Ch) (26 July 2022)

Metson v Metson & Ors [2022] EWHC 1988 (Ch) (26 July 2022)

High Court (Commercial Court)

Vitol SA v Genser Energy Ghana Ltd [2022] EWHC 1955 (Comm) (25 July 2022)

Euler Hermes SA v Mackays Stores Group Ltd [2022] EWHC 1918 (Comm) (25 July 2022)

Source: www.bailii.org

Dawn Walker death: Husband killed wife after wedding, court told – BBC News

Posted July 26th, 2022 in domestic violence, married persons, murder, news by sally

‘A husband killed his wife shortly after their wedding and stuffed her body into a suitcase, a court has been told.’

Full Story

BBC News, 25th July 2022

Source: www.bbc.co.uk