October 2022 – Page 11 – Current Awareness

BAILII: Recent Decisions

Posted October 10th, 2022 in law reports by tracey

Supreme Court

BTI 2014 LLC v Sequana SA & Ors [2022] UKSC 25 (05 October 2022)

Court of Appeal (Civil Division)

Koza Ltd & Anor v Koza Altin Isletmeleri AS [2022] EWCA Civ 1284 (07 October 2022)

High Court (Chancery Division)

Taylor & Anor v Legal and General Partnership Services Ltd [2022] EWHC 2475 (Ch) (07 October 2022)

Pegler & Ors v McDonald & Anor [2022] EWHC 2505 (Ch) (07 October 2022)

The Secretary of State for Business Energy And Industrial Strategy v Keeble [2022] EWHC 2503 (Ch) (07 October 2022)

High Court (Commercial Court)

Vitol SA v JE Energy Ltd [2022] EWHC 2494 (Comm) (07 October 2022)

Optimares SpA v Qatar Airways Group QCSC [2022] EWHC 2507 (Comm) (07 October 2022)

Optimares SpA v Qatar Airways Group QCSC [2022] EWHC 2461 (Comm) (07 October 2022)

High Court (Technology and Construction Court)

Good Law Project Ltd, R. (On the Application Of) v The Secretary of State for Health and Social Care [2022] EWHC 2468 (TCC) (07 October 2022)

InHealth Intelligence Ltd v NHS England [2022] EWHC 2471 (TCC) (06 October 2022)

Source: www.bailii.org

Be certain, be specific and be clear: milestone judgment for liquidated damages – Practical Law: Construction Blog

Posted October 10th, 2022 in construction industry, contracts, damages, delay, drafting, news by tracey

‘Recent case law has shown how careful parties need to be when drafting a liquidated damages (LDs) regime. The case of Buckingham Group Contracting Ltd v Peel L&P Investments and Property Ltd provides yet another example of what can happen if there is any ambiguity in the drafting.’

Practical Law: Construction Blog, 5th October 2022

Source: constructionblog.practicallaw.com

Damage to statues and ECHR rights – Local Government Lawyer

Posted October 10th, 2022 in appeals, attorney general, criminal damage, demonstrations, freedom of expression, human rights, monuments, news by tracey

‘The Court of Appeal has concluded in the Attorney General’s referral of the jury acquittal of the Colston 4 that ECHR rights were not engaged where damage to property was criminal. Rosalind English analyses the ruling.’

Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

No duty owed to taxi driver – Local Government Lawyer

Posted October 10th, 2022 in appeals, damages, disabled persons, duty of care, licensing, local government, negligence, news, psychiatric damage, religious discrimination, taxis by tracey

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Reasons and Reasoning: What’s the right level of record keeping of evaluation decisions? – Local Government Lawyer

Posted October 10th, 2022 in local government, news, public procurement, reasons by tracey

‘Laura Wisdom, Patrick Parkin and Lloyd Nail look at key cases concerning record keeping of evaluation decisions, and what these decisions mean in practice.’

Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Solicitor engaged in ‘pathological’ litigation handed civil restraint order – Law Society’s Gazette

Posted October 10th, 2022 in civil justice, injunctions, law firms, news, solicitors, vexatious litigants by tracey

‘A law firm has been barred by the High Court from making any further court applications for at least 18 months after failing to heed warnings to stop.’

Law Society's Gazette, 7th October 2022

Source: www.lawgazette.co.uk

Legal action by Doreen Lawrence and Prince Harry could mire Daily Mail for years – The Guardian

Posted October 10th, 2022 in compensation, families, interception, media, murder, news, privacy, racism, royal family, telecommunications by tracey

‘Now Dacre faces the prospect of seeing the Daily Mail’s parent company Associated Newspapers dragged into a lengthy legal battle, where he could have to give evidence under oath about his newspaper’s activities in the name of journalism. According to a statement issued by lawyers for the six individuals, the claims include allegations of illegal activity such as homes being bugged, deceptive tactics used to obtain private medical information and the tapping of live phone calls.’

The Guardian, 7th October 2022

Source: www.theguardian.com

The Lost King: Legal action ‘likely’ against Richard III film – BBC News

Posted October 10th, 2022 in artistic works, defamation, news, universities by tracey

‘A university academic has said he is likely to take legal action against the makers of a new film about Richard III, which he said was “littered with inaccuracies”.’

BBC News, 8th October 2022

Source: www.bbc.co.uk

Watchdog disputes Braverman’s claim modern slavery laws being ‘gamed’ – The Guardian

Posted October 10th, 2022 in asylum, forced labour, gangmasters, government departments, immigration, news, ombudsmen, refugees, trafficking in human beings by tracey

‘The head of Britain’s labour abuse watchdog says her organisation has not seen anyone “gaming” the modern slavery system for immigration purposes. The comments directly contradict the home secretary, Suella Braverman, who said last week that trafficking claims from “people gaming the system” were “derailing the UK’s policy on illegal migration”.’

The Guardian, 9th October 2022

Source: www.theguardian.com

Supreme Court indyref2 judgment could take ‘six to eight weeks’, Lord Hope says – The Independent

Posted October 10th, 2022 in bills, constitutional law, devolution issues, news, referendums, Scotland, Supreme Court by tracey

‘The Supreme Court’s judgment on the legality of a Scottish independence referendum could be provided within six to eight weeks, its former deputy president has said.’

The Independent, 9th October 2022

Source: www.independent.co.uk

Tommy Jessop: Why I investigated care for patients like me – BBC News

Posted October 10th, 2022 in BBC, bereavement, causing death of children or vulnerable adults, disability discrimination, disabled persons, equality, families, health, hospitals, inquests, learning difficulties, news by tracey

‘People with a learning disability are more than twice as likely to die from avoidable causes than the rest of the population. Actor Tommy Jessop and BBC Panorama investigated some of the stories of families who say they were let down by their medical care.’

BBC News, 10th October 2022

Source: www.bbc.co.uk

Give legal rights to animals, trees and rivers, say experts – The Guardian

Posted October 10th, 2022 in animals, climate change, environmental health, environmental protection, Law Society, news, reports, trees, water by tracey

‘Granting legal rights and protections to non-human entities such as animals, trees and rivers is essential if countries are to tackle climate breakdown and biodiversity loss, experts have said. The authors of a report titled Law in the Emerging Bio Age say legal frameworks have a key part to play in governing human interactions with the environment and biotechnology.’

The Guardian, 10th October 2022

Source: www.theguardian.com

Criminal barristers vote to end strike over pay – BBC News

Posted October 10th, 2022 in barristers, criminal justice, Crown Court, delay, fees, industrial action, legal aid, Ministry of Justice, news, remuneration by tracey

‘Criminal barristers in England and Wales have voted to end their long-running strike action after the government offered a new pay deal.’

BBC News, 10th October 2022

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 7th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Arnold White Estates Ltd v The Forestry Commission [2022] EWCA Civ 1304 (06 October 2022)

Soleymani v Nifty Gateway LLC [2022] EWCA Civ 1297 (06 October 2022)

High Court (Administrative Court)

KA & Ors, R (On the Application Of) v Secretary of State for the Home Department & Ors (Rev1) [2022] EWHC 2473 (Admin) (06 October 2022)

High Court (Chancery Division)

Sahota v Sohal & Ors [2022] EWHC 2459 (Ch) (05 October 2022)

Ocado Group PLC & Anor v McKeeve (Consequentials) [2022] EWHC 2478 (Ch) (05 October 2022)

High Court (Commercial Court)

Michael Wilson & Partners, Ltd v Emmott & Ors (Judgment on CRO Application) [2022] EWHC 2450 (Comm) (05 October 2022)

Trafigura Maritime Logistics PTE Ltd v Clearlake Shipping PTE Ltd [2022] EWHC 2234 (Comm) (03 October 2022)

High Court (King’s Bench Division)

The Nursing And Midwifery Council v MM [2022] EWHC 2484 (KB) (05 October 2022)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 7th, 2022 in legislation by tracey

SI 2022/1022 – The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) (Amendment) Order 2022

Source: www.legislation.gov.uk

Lord Hodge, Guildhall Lecture – Supreme Court

Posted October 7th, 2022 in arbitration, courts, government departments, judges, judiciary, legal history, legal profession, parliament, rule of law, speeches, Supreme Court by tracey

‘Lord Hodge, Guildhall Lecture – The Rule of Law, the Courts and the British Economy.’

Supreme Court, 4th October 2022

Source: www.supremecourt.uk

Totality explained – Sentencing Council

Posted October 7th, 2022 in consultations, news, sentencing by tracey

‘Every day, judges and magistrates preside over cases coming before them in court and, if an offender is found guilty, they use sentencing guidelines to determine what the appropriate sentence should be. But what if the offender committed more than one offence? What happens then? Do the courts work out the sentence for each individual offence and then add them together? The simple answer is usually no.’

Sentencing Council, 5th October 2022

Source: www.sentencingcouncil.org.uk

Thousands more neighbourhood criminals to be GPS tracked in expansion of tagging project – Ministry of Justice

Posted October 7th, 2022 in crime prevention, criminal justice, electronic monitoring, Ministry of Justice, news, prisons, recidivists by tracey

‘The Justice Secretary, Brandon Lewis MP, has today (Tuesday 4 October) announced that more thieves, burglars and robbers will be fitted with GPS electronic tags when they leave prison, helping cut crime and keep the public safe.’

Ministry of Justice, 4th October 2022

Source: www.gov.uk

New reforms to ensure UK retains position as a leader in international arbitration – Law Commission

Posted October 7th, 2022 in arbitration, consultations, international law, Law Commission, news, statute law revision by tracey

‘The Law Commission of England and Wales has today unveiled new proposals to update the Arbitration Act 1996, to ensure that the UK continues to be the foremost destination for international arbitration.’

Law Commission, 22nd October 2022

Source: www.lawcom.gov.uk

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