Day: 10 March 2023
BAILII Recent Decisions
High Court (Administrative Court)
Argeseanu v Petrosani Court of Law, Romania [2023] EWHC 513 (Admin) (09 March 2023)
High Court (Chancery Division)
Allen v Derev & Anor [2023] EWHC 387 (Ch) (09 March 2023)
Hemmings v Mathias & Anor [2023] EWHC 483 (Ch) (09 March 2023)
High Court (Family Division)
EF, Re (Abduction: Hague Convention (Slovakia)) [2023] EWHC 505 (Fam) (09 March 2023)
High Court (King’s Bench Division)
Cavallari & Ors v Mercedes-Benz Group AG & Ors [2023] EWHC 512 (KB) (08 March 2023)
Baxter v Doble & Anor [2023] EWHC 486 (KB) (08 March 2023)
Source: www.bailii.org
Council judicial review application over asylum seeker hotels refused – Local Government Lawyer
‘The High Court has refused a judicial review application from Torbay Council that argued the placement of asylum seekers in local hotels would have a significant impact on Children’s Services.’
Local Government Lawyer, 9th March 2023
Source: www.localgovernmentlawyer.co.uk
Ex-council tenant given suspended sentence, ordered to pay £10k after failing to inform London borough she had vacated property – Local Government Lawyer
‘A former council tenant who vacated the home to live at a property she had purchased elsewhere but failed to inform the local authority has received a £10,000 fine and suspended prison sentence.’
Local Government Lawyer, 9th March 2023
Source: www.localgovernmentlawyer.co.uk
Mother wins appeal over sending of domestic abuse findings made against social worker father to regulator – Local Government Lawyer
‘A High Court judge has allowed an appeal brought by a mother over whether a judgment in long-running private law proceedings that made findings of domestic abuse against the father, who works as a social worker, should be sent to his regulator, Social Work England (SWE).’
Local Government Lawyer, 10th March 2023
Source: www.localgovernmentlawyer.co.uk
School chaplaincy, sermons on sexuality – and employment law: Randall – Law & Religion UK
‘Trent College is a co-educational, independent day and boarding school. It is an Anglican foundation and a registered charity [36]. Its articles of association provide that the “Objects for which the company is established are: The advancement of education of boys and girls in England, Wales or elsewhere in accordance with the Protestant and Evangelical principles of the Church of England”. The Revd Dr Bernard Randall, an Anglican priest, was employed as the College’s Chaplain. In May 2019, he delivered two sermons to the pupils about “competing ideologies” which led to his summary dismissal on 30 August 2019. On appeal, he was reinstated, subject to compliance with various management instructions. He was subsequently dismissed by reason of redundancy on 10 November 2020.’
Law & Religion UK, 7th March 2023
Source: lawandreligionuk.com
Data protection law reforms set out in the UK – OUT-LAW.com
‘Draft legislation published by the UK government would significantly alter existing data protection law in the country if enacted but also closely resembles abandoned proposals that were introduced before the UK parliament last summer, according to experts at Pinsent Masons.’
OUT-LAW.com, 9th March 2023
Source: www.pinsentmasons.com
Building safety gateway regime – frequently asked questions – Practical Law: Construction Blog
‘One of the major changes to the regulation of the design and construction of “higher-risk buildings” is the introduction of the gateway regime.’
Practical Law: Construction Blog, 8th March 2023
Timing the Medical Examination: Read v Dorset County Hospital NHS Foundation Trust – Ropewalk Clinical Negligence Blog
‘An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners – Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB)’
Ropewalk Clinical Negligence Blog, 8th March 2023
Source: www.ropewalk.co.uk
Updated sentencing guidelines for child cruelty offences published – Sentencing Council
‘The Council has published updated sentencing guidelines for offenders convicted of child cruelty offences in England and Wales, following consultation.’
Sentencing Council, 7th March 2023
Source: www.sentencingcouncil.org.uk
Hair drug testing vs Nail drug testing – Family Law
‘Ashley Hodgkinson, Sample Collections Manager at AlphaBiolabs, discusses hair drug testing and nail drug testing, together with the benefits of each test.’
Family Law, 9th March 2023
Source: www.familylaw.co.uk
International Women’s Day 2023: Interview with the Honourable Justice Martha Koome – Courts and Tribunals Judiciary
‘International Women’s Day 2023: Interview with the Honourable Justice Martha Koome, EGH (Elder of the Order of the Golden Heart), Chief Justice and President of the Supreme Court of Kenya.’
Courts and Tribunals Judiciary, 8th March 2023
Source: www.judiciary.uk
High Court ruling expected to widen scope of legal aid for parents – Law Society’s Gazette
‘The High Court’s decision in a challenge brought by a domestic abuse complainant against the Ministry of Justice will widen the scope of legal aid for parents who share caring arrangements, a public law campaign group has said.’
Law Society's Gazette, 9th March 2023
Source: www.lawgazette.co.uk
UK mother unlawfully denied legal aid in case against abusive ex, court rules – The Guardian
‘A decision to deny a single mother legal aid to enforce a child custody agreement against her abusive ex-partner was unlawful, the high court has ruled.’
The Guardian, 9th March 2023
Source: www.theguardian.com
Leeds preacher’s sentence for trans woman’s harassment quashed – BBC News
‘A Christian preacher who was found guilty of harassing a transgender woman by calling her a “man” and “gentleman” has had his conviction quashed.’
BBC News, 9th March 2023
Source: www.bbc.co.uk
Tehleigher Bunting: Judge made mistake sentencing killer driver – BBC News
‘The mum and stepdad of a 14-year-old girl who was killed by a speeding driver have been told the judge made a mistake when sentencing him.’
BBC News, 10th March 2023
Source: www.bbc.co.uk