Day: 28 October 2022
Recent Statutory Instruments – legislation.gov.uk
SI 2022/1080 – The Financial Services (Miscellaneous Amendments) (EU Exit) Regulations 2022
SI 2022/1094 – The Railways (Penalty Fares) (Amendment) Regulations 2022
SI 2022/1093 – The Elections Act 2022 (Commencement No. 3 and Saving Provision) Regulations 2022
SI 2022/1092 – The Sanctions (Damages Cap) Regulations 2022
SI 2022/1108 – The Exotic Animal Disease (Amendment) (England) Order 2022
SI 2022/1096 – The Renewable Heat Incentive Scheme (Amendment) Regulations 2022
SI 2022/1098 – The Digital Government (Disclosure of Information) (Amendment) Regulations 2022
SI 2022/1095 – The Armed Forces Act 2021 (Commencement No. 3) Regulations 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 (27 October 2022)
Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 (27 October 2022)
MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406 (27 October 2022)
Karatysz v SGI Legal LLP [2022] EWCA Civ 1388 (27 October 2022)
Breen & Ors v Esso Petroleum Company Ltd [2022] EWCA Civ 1405 (26 October 2022)
Bacci & Ors v Green [2022] EWCA Civ 1393 (25 October 2022)
High Court (Administrative Court)
AB, R (On the Application Of) v A County Council & Anor [2022] EWHC 2707 (Admin) (25 October 2022)
Malik v Governor of HM Prison Hindley (No.2) [2022] EWHC 2684 (Admin) (24 October 2022)
High Court (Chancery Division)
Fairclough v Tosi Ltd & Anor [2022] EWHC 2714 (Ch) (27 October 2022)
Kireeva v Bedzhamov [2022] EWHC 2676 (Ch) (27 October 2022)
Allen v Hurst & Ors (Re Ann Stephanie Hurst) [2022] EWHC 2649 (Ch) (26 October 2022)
Pasternak v Prescott [2022] EWHC 2695 (Ch) (25 October 2022)
Emmott v Michael Wilson & Partners Ltd [2022] EWHC 2682 (Ch) (24 October 2022)
High Court (Commercial Court)
Kingdom of Sweden v Serwin & Ors [2022] EWHC 2706 (Comm) (27 October 2022)
Hulley Enterprises Ltd & Ors v The Russian Federation [2022] EWHC 2690 (Comm) (26 October 2022)
OCM Maritime Nile Llc & Anor v Courage Shipping Co & Ors [2022] EWHC 2696 (Comm) (26 October 2022)
TP ICAP Ltd v NEX Group Ltd [2022] EWHC 2700 (Comm) (25 October 2022)
Verlox International Ltd & Anor v Antoshin & Ors [2022] EWHC 2667 (Comm) (25 October 2022)
High Court (Family Division)
FB v MG [2022] EWHC 2677 (Fam) (21 October 2022)
High Court (King’s Bench Division)
Sedgwick v Mapfre Espana Compania De Seguros Y Reaseguros Sa [2022] EWHC 2704 (KB) (26 October 2022)
Three Counties Agricultural Society v Persons Unknown & Ors [2022] EWHC 2708 (KB) (26 October 2022)
Camberley Group Plc & Ors v Foster & Ors [2022] EWHC 2643 (KB) (25 October 2022)
Eaton v Auto-Cycle Union Ltd & Ors [2022] EWHC 2642 (KB) (25 October 2022)
Bae Systems Marine Ltd v Alfa Laval Ltd [2022] EWHC 2686 (KB) (25 October 2022)
High Court (Technology and Construction Court)
Manor Co-Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) (27 October 2022)
Source: www.bailii.org
Failure to comply with PD57AC — it can be costly! – Local Government Lawyer
‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’
Local Government Lawyer, 28th October 2022
Source: www.localgovernmentlawyer.co.uk
Hoarding and mental capacity – Local Government Lawyer
‘A recent Court of Protection ruling is important reading for the wide range of practitioners dealing with hoarding cases, write Julia Jones and Kate Hicks.’
Local Government Lawyer, 28th October 2022
Source: www.localgovernmentlawyer.co.uk
The King (on the application of the Good Law Project Limited) v The Secretary of State for Health and Social Care v Abingdon Health Plc [2022] EWHC 2468 (TCC) – Part Two: Procurement principles – Local Government Lawyer
‘In the second in a two-part series on a recent procurement challenge brought by the Good Law Project, Juli Lau looks at the procurement principles considered by the court.’
Local Government Lawyer, 28th October 2022
Source: www.localgovernmentlawyer.co.uk
An overview of immigration routes to come to the UK – EIN Blog
‘There is only a limited number of immigration options that would allow non-British citizens to come to the UK for a long-term project and make it your permanent home. You will be either joining your family in the UK or you will be going for one of the work-related routes that allow settlement or permanent residence after five years.’
EIN Blog, 27th October 2022
Source: www.ein.org.uk
Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com
‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’
OUT-LAW.com, 27th October 2022
Source: www.pinsentmasons.com
How final is a final certificate? – Practical Law: Construction Blog
‘At the end of last year, Jonathan discussed the Court of Session’s judgment in D McLaughlin & Sons Ltd v East Ayrshire Council, where Lord Clark looked at the conclusiveness of a final certificate under a Scottish Standard Building Contract with Quantities, 2011 Edition (SSBC, 2011 Edition). That case has popped up in the law reports again, this time in the Inner House (also called D McLaughlin & Sons Ltd v East Ayrshire Council), where three lords (Carloway, Woolman and Malcolm) have considered the Council’s appeal against Lord Clark’s judgment. In a rare occurrence these days, that judgment split the house.’
Practical Law: Construction Blog , 26th October 2022
David Torrance: Constitutional mirrors: Coronations and the territorial constitution – UK Constitutional Law Association
‘Writing about the “work” of the Queen in 1958, the journalist and Herald Dermot Morrah claimed there had been “scarcely any allusion” in her coronation ceremony to the fact that Elizabeth II “was Queen of seven distinct and sovereign realms”. Indeed, added Morrah, “she was crowned not even as Queen of the United Kingdom, but of England alone”.
This was a peculiarly Anglo-centric take, particularly so coming from the pen of a Herald, usually such sticklers for detail. At first glance, the coronation of a British monarch is indeed a very English affair. It takes place at the Abbey Church of Westminster and the service is given by the Archbishop of Canterbury.
Yet a closer examination of coronations between 1714 and 1953 reveals them to be constitutional mirrors in which were reflected changes to the territorial constitution. And by highlighting these reflections, one can draw some preliminary observations as to the likely ceremonial at the coronation of King Charles III on 6 May 2023.’
UK Constitutional Law Association, 27th October 2022
Source: ukconstitutionallaw.org
“Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony” – Supreme Court
‘At a Glance conference: 12 October 2022 Keynote address “Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony”
Lord Leggatt’
Supreme Court, 12th October 2022
Source: www.supremecourt.uk
Bio Age “likely to impact legal practice” amid global climate change – Legal Futures
‘A report into the so-called bio age, presumed successor to the digital age, has painted a picture of a world in which innovations in bio-technology and the role of global ecosystems have a huge impact on legal practice.’
legal Futures, 28th October 2022
Source: www.legalfutures.co.uk
Law Commission to review how private international law applies to digital assets and other emerging technology – Law Commission
‘The Law Commission of England and Wales has launched a Government-commissioned review that aims to provide clarity on how private international law rules can apply to emerging technology, such as digital assets and electronic trade documents.’
Law Commission, 18th October 2022
Source: www.lawcom.gov.uk
Better protection for victims under pre-charge bail reforms – Home Office
‘A new provision known as “Kay’s Law” protects victims of domestic abuse and sexual assault.’
Home Office, 26th October 2022
Source: www.gov.uk
Interview with Deputy High Court Judge Margaret Obi – Courts and Tribunals Judiciary
‘In our interview Deputy High Court Judge Margaret Obi talks about her Nigerian upbringing and its influences on her career, her journey from solicitor to judge and her hopes for the future of the judiciary.’
Courts and Tribunals Judiciary, 27th October 2022
Source: www.judiciary.uk
Speech by Lord Justice Bean – Personal Injuries Bar Association Speeches – Courts and Tribunals Judiciary
‘Personal Injuries Bar Association – Richard Davies Lecture 2022.’
Courts and Tribunals Judiciary, 26th October 2022
Source: www.judiciary.uk
Belsner: Lawyers win in crucial costs recovery ruling – Law Society’s Gazette
‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’
Law Society’s Gazette, 27th October 2022
Source: www.lawgazette.co.uk
Problems with interim contact in private law disputes – Family Law Week
‘Many private law practitioners feel frustration about the significant disparity in contact arrangements between children in private and public proceedings. Sadly, this has long been the case: I last wrote an article about this in 2019 (One act, 2 Regimes: why? Family Law Week 17th December 2019) and cannot say that matters have moved on or changed meaningfully. As I set out in that article, there is no justification legally for courts to apply Children Act considerations varyingly. The problem here lies not with the law but in the practice.’
Family Law Week, 21st October 2022
Source: www.familylawweek.co.uk
Transport body seeks to take legal action against 180 people over road protests – The Independent
‘Transport for London bosses have asked a High Court judge to let them take legal action against more than 180 named people following the intensification of Just Stop Oil protests.’
The Independent, 27th October 2022
Source: www.independent.co.uk
Rochdale grooming gang members to be deported to Pakistan – The Guardian
‘Two members of a Rochdale grooming gang are to be deported to Pakistan after losing a seven-year legal fight to remain in Britain.’
The Guardian, 26th October 2022
Source: www.theguardian.com
