Month: February 2023
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Benyatov v Credit Suisse (Securities) Europe Ltd [2023] EWCA Civ 140 (17 February 2023)
Davies v Ford & Ors [2023] EWCA Civ 167 (17 February 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Mehers v Khilji [2023] EWHC 298 (Ch) (17 February 2023)
Mackenzie v Rosenblatt Solicitors & Anor [2023] EWHC 331 (Ch) (17 February 2023)
High Court (Commercial Court) Decisions
Paper Mache Tiger Ltd v Lee Mathews Workroom PTY Ltd [2023] EWHC 338 (Comm) (17 February 2023)
High Court (Family Division)
K v Maya & Anor [2023] EWHC 293 (Fam) (14 February 2023)
High Court (King’s Bench Division)
GKE v Gunning [2023] EWHC 332 (KB) (17 February 2023)
Owadally & Anor v Planology Ltd & Ors [2023] EWHC 339 (KB) (17 February 2023)
Kulumbegov v Home Office [2023] EWHC 337 (KB) (17 February 2023)
High Court (Technology and Construction Court)
J & B Hopkins Ltd v A&V Building Solution Ltd [2023] EWHC 301 (TCC) (15 February 2023)
Source: www.bailii.org
FCA set to regulate ‘buy now pay later’ payment products in UK – OUT-LAW.com
‘The UK government has published draft legislation which would bring the fast-growing “buy now pay later” (BNPL) industry within Financial Conduct Authority (FCA) regulation and bolster protection for consumers.’
OUT-LAW.com, 17th February 2023
Source: www.pinsentmasons.com
How the Retained EU Law Bill could impact the UK’s life sciences sector – OUT-LAW.com
‘While there are concerns about the proposed speed of reform under the Retained EU law bill, divergence from certain aspects of the EU’s legal and regulatory approach to life sciences could place the UK at an advantage and offer opportunities for industry.’
OUT-LAW.com, 17th February 2023
Source: www.pinsentmasons.com
Highways: expecting the unexpected – Local Government Lawyer
‘In the second in a series of articles, Jack Harding focuses on lesser-known case law which may assist in defending claims brought against highways authorities for failing to maintain the highway under section 41 of the Highways Act 1980 and its predecessors.’
Local Government Lawyer, 17th February 2023
Source: www.localgovernmentlawyer.co.uk
Five councils launch judicial review over expansion of Ultra Low Emissions Zone in London – Local Government Lawyer
‘A coalition of five councils have launched a judicial review into the Major of London’s decision to expand London’s Ultra Low Emissions Zone (ULEZ).’
Local Government Lawyer, 17th February 2023
Source: www.localgovernmentlawyer.co.uk
Paralegal awarded £30k over pregnancy discrimination and low pay – Legal Futures
‘A solicitor has been ordered to pay a paralegal over £30,000 after an employment tribunal found he discriminated against her once she became pregnant.’
Legal Futures, 17th February 2023
Source: www.legalfutures.co.uk
Remote driving review: robust regulation needed before technology is on UK roads – Law Commission
‘The Law Commission has published advice to Government on how to regulate remote driving on UK roads.’
Law Commission, 20th February 2023
Source: www.lawcom.gov.uk
Lone children as young as 14 detained at Manston asylum seeker centre – The Guardian
‘Lone children as young as 14 have been detained at the Manston asylum seeker processing centre in Kent, a freedom of information request has revealed. According to the immigration rules, children should not be detained in short-term holding facilities such as Manston, apart from in exceptional circumstances, and holding them for more than 24 hours is unlawful.’
The Guardian, 19th February 2023
Source: www.theguardian.com
Four English councils bring half of legal actions for blue badge misuse – The Guardian
‘Four councils are responsible for bringing more than half of the prosecutions in England for people abusing the use of disabled parking badges. Figures released by the Department for Transport (DfT) show that Lambeth, Birmingham, Hammersmith and Fulham, and Bromley carried out 54% of all legal cases for people misusing the blue badge system, for the year up to the end of March 2021.’
The Guardian, 20th February 2023
Source: www.theguardian.com
Domestic abusers to be more closely monitored and electronically tagged – BBC News
‘The most dangerous domestic abusers will be monitored more closely and electronically tagged as part of a new crackdown, the government has said.’
BBC News, 20th February 2023
Source: www.bbc.co.uk
Reopening findings of fact: fairness of hearing – Local Government Lawyer
‘A High Court judge recently granted an application to reopen findings of fact in a case centring on allegations of serious non-accidental injury. Rajni Virk considers the decision and practical issues that arise.’
Local Government Lawyer, 17th February 2023
Source: www.localgovernmentlawyer.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Keane v Sargen & Ors [2023] EWCA Civ 141 (15 February 2023)
Goddard-Watts v Goddard-Watts [2023] EWCA Civ 115 (15 February 2023)
El Zubaidy v Borg [2023] EWCA Civ 148 (15 February 2023)
High Court (Administrative Court)
General Medical Council v Mwambingu [2023] EWHC 324 (Admin) (15 February 2023)
High Court (Chancery Division)
Lim & Ors v Ong & Ors [2023] EWHC 321 (Ch) (16 February 2023)
Clements v Frisby [2023] EWHC 320 (Ch) (16 February 2023)
Bank of Scotland Plc v Hoskins [2023] EWHC 306 (Ch) (16 February 2023)
High Court (Commercial Court)
Virgin Aviation TM Ltd v Alaska Airlines Inc [2023] EWHC 322 (Comm) (16 February 2023)
Source: www.bailii.org
UK government outlines reforms to thirty-year-old cybercrime law – OUT-LAW.com
‘The UK government is proposing new powers for law enforcement agencies to tackle cybersecurity threats and online crimes, including the power to require data owners to preserve evidence pending a decision on whether a formal request for seizure of the data by an agency should be made to court.’
OUT-LAW.com, 16th February 2023
Source: www.pinsentmasons.com
Judicial review bid has implications for UK SIPP operators – OUT-LAW.com
‘A decision expected from the Court of Appeal in London could re-open the door for the courts to consider the scope of self-invested personal pension scheme (SIPP) operators’ due diligence obligations under Financial Conduct Authority (FCA) rules, and on their obligations to compensate customers where there have been failings, legal experts have said.’
OUT-LAW.com, 17th February 2023
Source: www.pinsentmasons.com
Limits on when you can adjudicate – Practical Law: Construction Blog
‘I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time” means exactly that. It’s like Ronseal’s famous phrase, “Does exactly what it says on the tin”. With the Court of Appeal giving the words their literal and ordinary meaning, it was plain speaking at its best! It has also meant that for as long as I can remember, we have all assumed that there is no time limit on when a party can start an adjudication. (In Connex, the court was dealing with a situation where the notice of adjudication was issued after practical completion and after repudiation of the contract.) Consequently, the only limitations (if there are any) are the ones we find in the Limitation Act 1980, which doesn’t prevent a party from starting an adjudication but may provide the responding party with a defence (if taken), which means the adjudicator’s decision will be in their favour. (The same applies in court proceedings and, if the defence is successful, the claim may be struck out.) If this is all so well-established, you might wonder why I’m bothering to mention it. The answer is, because of HHJ Russen KC’s judgment in LJR Interiors Ltd v Cooper Construction Ltd, which he handed down last month.’
Practical Law: Construction Blog , 14th February 2023
Nightingale Courts to remain open to boost capacity and speed up justice – Ministry of Justice
‘Nightingale Courts across England and Wales are being kept open for another year to reduce waiting times and deliver swift justice for victims.’
Ministry of Justice, 17th February 2023
Source: www.gov.uk
