Day: 16 January 2023
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Yin & Ors v 174 Law Solicitors Limited [2023] EWCA Civ 13 (13 January 2023)
Ashraf v Lester Dominic Solicitors & Ors [2023] EWCA Civ 4 (13 January 2023)
Court of Appeal (Criminal Division)
Holder, R. v [2023] EWCA Crim 5 (13 January 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Darwall & Anor v Dartmoor National Park Authority [2023] EWHC 35 (Ch) (13 January 2023)
Manolete Partners Plc v Sampson Coward Llp [2023] EWHC 37 (Ch) (13 January 2023)
High Court (Commercial Court)
Trafigura PTE Ltd v TKK Shipping PTE Ltd [2023] EWHC 26 (Comm) (13 January 2023)
High Court (King’s Bench Division)
Osbourne v Persons Unknown Category A & Ors [2023] EWHC 39 (KB) (13 January 2023)
High Court (Technology and Construction Court)
Source: www.bailii.org
FCA fines show focus remains on AML compliance – OUT-LAW.com
‘Recent fines issued to two banks by the Financial Conduct Authority (FCA) highlight the regulator’s continued focus on driving compliance with anti-money laundering (AML) requirements in UK financial services, an expert has said.’
OUT-LAW.com, 13th January 2023
Source: www.pinsentmasons.com
‘Special’ damages requiring prior knowledge of parties to construction contracts – OUT-LAW.com
‘When a party breaches a term of a construction contract, the other party to the contract has the right to claim an award of damages.’
OUT-LAW.com, 16th January 2023
Source: www.pinsentmasons.com
External research on equality and diversity in the work of the Sentencing Council published – Sentencing Council
‘New research that examines the potential and perceived impact of sentencing guidelines on specific groups of offenders has been published by the Sentencing Council.’
Sentencing Council, 10th January 2023
Source: www.sentencingcouncil.org.uk
Penalties for gambling breaches – Local Government Lawyer
‘Philip Kolvin KC examines a recent tribunal judgment that contains some helpful analysis for gambling operators and their advisers.’
Local Government Lawyer, 13th January 2023
Source: www.localgovernmentlawyer.co.uk
Rights of excusal from relationships and sexuality education – Local Government Lawyer
‘Clíodhna Kelleher considers a recent High Court judgment that there was no parental right to withdraw children from relationships and sexuality education.’
Local Government Lawyer, 13th January 2023
Source: www.localgovernmentlawyer.co.uk
New Anti-Strike Laws – Understanding the rights and duties of employers and employees in industrial action – Local Government Lawyer
‘It seems that with each week there is news of a new sector or profession announcing a strike. Julie Bann, Christian Grierson and Beth Edwards consider fundamental employment law principles, answer FAQs and explore the practical and legal risks of strike action impacting the public sector.’
Local Government Lawyer, 13th January 2023
Source: www.localgovernmentlawyer.co.uk
Bank’s solicitor “may have owed duty of care” to third party – Legal Futures
‘A bank’s solicitor may owe a duty of care to the seller of the property when filling in Land Registry paperwork to change the register, the Court of Appeal has ruled.’
Legal Futures, 16th January 2023
Source: www.legalfutures.co.uk
SRA sanctioned for wrongly publishing trainee’s ban – Legal Futures
‘The Solicitors Regulation Authority (SRA) has been sanctioned in costs after prematurely stating on its website that it had banned a former trainee solicitor from working for law firms.’
Legal Futures, 16th January 2023
Source: www.legalfutures.co.uk
Man jailed for life for murder in oldest double jeopardy case – BBC News
‘A man has been jailed for life for raping and murdering a girl almost 50 years ago, in the oldest double jeopardy case in England and Wales.’
BBC News, 14th January 2023
Source: www.bbc.co.uk
Basildon Hospital maternity staff exposed to 30 times legal gas limit – BBC News
‘Staff at a maternity unit were exposed to almost 30 times the legal workplace exposure limit for nitrous oxide, documents have shown. Testing at Basildon Hospital revealed the levels more than 16 months before colleagues were informed.’
BBC News, 16th January 2023
Source: www.bbc.co.uk
A mediator’s take on the Nuffield Family Justice Observatory’s latest report – Family Law
‘Another month, and the publishing of another detailed academic report considering the experiences of parents and their children who have been through a separation. This particular report, “Separating Families: Experiences of separation and support”, was published by the Nuffield Family Justice Observatory, with research carried out by University of Bristol. When the key findings first landed on my desk, I must say I was keen to delve into the detail having seen that the main focus of the programme of evidence was to increase understanding of private law proceedings in England and Wales, and in particular the types of support that families drew on to manage the process of separation without using the courts.’
Family Law, 16th January 2023
Source: www.familylaw.co.uk
Court rejects costs budgeting plea on child’s clin neg claim – Law Society’s Gazette
‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’
Law Society's Gazette, 13th January 2023
Source: www.lawgazette.co.uk
Right to wild camp in England lost in Dartmoor court case – The Guardian
‘The right to wild camp in England and Wales has been lost, after a wealthy landowner successfully brought a case against Dartmoor national park, the last place it was possible without seeking permission.’
The Guardian, 13th January 2023
Source: www.theguardian.com
Firm fined a further £200,000 over Wolverhampton storm death – BBC News
‘A company has been fined £200,000 after a woman was killed by a water tank cover falling from a shopping centre.’
BBC News, 14th January 2023
Source: www.bbc.co.uk
Victims and families call for prosecutions as contaminated blood inquiry nears end – The Guardian
‘Victims and family members affected by the contaminated blood scandal are calling for criminal charges to be considered as the public inquiry into the tragedy draws to a close. While the inquiry, which will begin to hear closing submissions on Tuesday, cannot determine civil or criminal liability, people affected by the scandal are keen for the mass of documents and evidence accumulated over more than four years to be handed over to prosecutors to see whether charges can be brought.’
The Guardian, 16th January 2023
Source: www.theguardian.com
New plans to widen police powers for disruptive protests – BBC News
‘Police could be allowed to shut down protests before they cause serious disruption, under new government plans.’
BBC News, 15th January 2023
Source: www.bbc.co.uk
