Day: 2 September 2022
BAILII: Recent Decisions
Court of Appeal (Civil Division)
HXA v Surrey County Council [2022] EWCA Civ 1196 (31 August 2022)
High Court (Administrative Court)
High Court (Patents Court)
Cook (UK) Ltd v Boston Scientific Ltd & Ors [2022] EWHC 2248 (Pat) (30 August 2022)
Source: www.bailii.org
Local authority age assessments considered in R (HAM) v Brent LBC – EIN Blog
‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’
EIN Blog, 1st September 2022
Source: www.ein.org.uk
“Church treasures”: an unnecessary classification? – Law & Religion UK
‘The recently published Removal of bells from a closed church considers two judgments relating to St James, Church Kirk in the Blackburn Diocese; the earlier case, Re St James Church Kirk [2019] ECC Bla 4, suggested that the designation of “church treasure” was not appropriate in relation to one of the church’s bells [12, 13]. The Worshipful John W Bullimore addressed the issue in the context of a closed church, and below we explore this further and consider the utility of such a designation, other than providing a convenient shorthand for a range of disparate but valuable objects.’
Law & Religion UK, 2nd September 2022
Source: lawandreligionuk.com
The test for discharging a planning condition – Local Government Lawyer
‘A local authority recently defeated a judicial review challenge in the High Court in relation to discharging planning conditions. Piers Riley-Smith explains how.’
Local Government Lawyer, 2nd September 2022
Source: www.localgovernmentlawyer.co.uk
Late service of CIL liability notice – Local Government Lawyer
‘Christopher Cant analyses the consequences of a delay in issuing and serving a Community Infrastructure Levy (CIL) liability notice when it comes to enforcement.’
Local Government Lawyer, 2nd September 2022
Source: www.localgovernmentlawyer.co.uk
Time taken to get civil cases to trial reaches all-time high – Legal Futures
‘The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.’
Legal Futures, 2nd September 2022
Source: www.legalfutures.co.uk
Man jailed for attacking blind wife with meat cleaver – BBC News
‘A man has been jailed for nine years after striking his blind wife in the head with a meat cleaver.’
BBC News, 1st September 2022
Source: www.bbc.co.uk
Convictions for peaceful protests “should not lead to regulatory action” – Legal Futures
‘The Solicitors Regulation Authority (SRA) is unlikely to take action against solicitors convicted in exercising their right to protest where no significant harm has been caused, it said yesterday.’
Legal Futures, 2nd September 2022
Source: www.legalfutures.co.uk
Babies, bodies and borders: the risks and rise of surrogacy – Family Law
‘Despite its challenges, surrogacy is becoming a readily available form of family formation for many who have endured considerable heartache and difficulty in conceiving naturally. Surrogacy has an important role to play within our modern society particularly bearing in mind the overwhelming tide-change in social attitudes, the importance of assisted reproduction, such as IVF, and the introduction of same sex marriage which was legalised back in 2014.’
Family Law, 1st September 2022
Source: www.familylaw.co.uk
Court of Appeal reopens claims on child abuse duty of care – Law Society’s Gazette
‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’
Law Society's Gazette, 1st September 2022
Source: www.lawgazette.co.uk
NEWS Flirting, banter and plying with drink: SRA sets out detailed sexual misconduct guidance – Law Society’s Gazette
‘The Solicitors Regulation Authority today set out in granular detail what will or may constitute sexual misconduct by solicitors, after a surge of complaints in the past five years.’
Law Society's Gazette, 1st September 2022
Source: www.lawgazette.co.uk
House of Zana boutique owner celebrates trademark win against Zara – The Guardian
‘A boutique owner who took on the world’s largest fashion retailer and won is urging other independent stores to stand up to big business.’
The Guardian, 31st August 2022
Source: www.theguardian.com
Child protection agencies failed son of drug addict, review finds – The Guardian
‘A severely asthmatic seven-year-old boy who died “gasping for air” alone at night was failed by child protection agencies who “could and should have done better”, a serious case review has found.’
The Guardian, 1st September 2022
Source: www.theguardian.com
Rwanda flight migrants include torture victims, say doctors – BBC News
‘A detailed clinical review of the backgrounds of asylum seekers likely to be sent to Rwanda has found many may have been tortured.’
BBC News, 1st September 2022
Source: www.bbc.co.uk
Parents’ legal bid to ban sex education in schools fails
‘A last-minute legal bid to block the teaching of relationships and sexuality education (RSE) in schools has failed. Five parents wanted to withdraw their children from the mandatory lessons from the start of the new term or stop the rollout of RSE altogether in Wales. At the High Court, judge Mrs Justice Tipples said an injunction would cause “very substantial disruption” just days before the start of a new term. A judicial review already granted to the group is scheduled for November.’
BBC New, 1st September 2022
Source: www.bbc.co.uk
