Day: 2 May 2023
BAILII: Recent Decisions
Court of Appeal (Civil Division)
J (Children: Reopening Findings of Fact) [2023] EWCA Civ 465 (28 April 2023)
McClean & Ors v Thornhill [2023] EWCA Civ 466 (28 April 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Carey Street Investments Ltd & Anor v Brown & Anor [2023] EWHC 968 (Ch) (28 April 2023)
Tolley v No Defendant (Re Caroline Fisher) [2023] EWHC 979 (Ch) (28 April 2023)
Green v White Lantern Film (Britannica) Ltd & Anor [2023] EWHC 930 (Ch) (28 April 2023)
Nasmyth Group Ltd, Re (Re Companies Act 2006) [2023] EWHC 988 (Ch) (28 April 2023)
McDonagh & Anor v Reeve [2023] EWHC 933 (Ch) (28 April 2023)
High Court (Commercial Court)
Manek & Ors v 360 One WAM Ltd & Ors (Re Consequentials) [2023] EWHC 985 (Comm) (28 April 2023)
High Court (Family Division)
S v D & Anor (Rev1) [2023] EWHC 984 (Fam) (28 April 2023)
High Court (King’s Bench Division)
Thomas v Porter [2023] EWHC 983 (KB) (28 April 2023)
Palmer v Farmer & Ors [2023] EWHC 976 (KB) (28 April 2023)
High Court (Technology and Construction Court)
Sleaford Building Services Ltd v Isoplus Piping Systems Ltd [2023] EWHC 969 (TCC) (28 April 2023)
Source: www.bailii.org
What Could Artificial Intelligence Mean For Human Rights? – Each Other
‘If you have not heard of artificial intelligence (AI), you most likely will have heard of the likes of facial recognition and online chatbots, both of which use it. While AI has the potential to help solve societal challenges, there has been a mass call for global regulation to ensure it is used in responsible and inclusive ways. In May, the European Parliament will vote on the AI Act, which will set out to regulate AI technologies in order to protect human rights. In an open letter to members of the parliament’s leading committees, civic organisations including Amnesty International have called for the following to be prohibited: automated risk assessments and profiling systems; predictive analytical systems used to interdict, curtail and prevent migration; and “deception detectors” and remote biometric identification cards (RBI) in the context of migration and border management.’
Each Other, 27th April 2023
Source: eachother.org.uk
Snoring is not ASB, not even in Lambeth – Nearly Legal
‘LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023. Our grateful thanks to Angharad Monk of Garden Court for this note of LB Lambeth’s claim for an injunction against Ms Fanfair under Part 1 Anti-Social Behaviour, Crime and Policing Act 2014, and the much delayed (if surely inevitable) strike out of the claim. A county court decision, but worthy of note here not just for the flimsy and inadequate evidence on which Lambeth initiated and pursued proceedings, but also for the way they continued to pursue proceedings for the best part of a year, despite breaching directions and despite the evidence of their own expert. Lambeth not turning up to the final hearing was perhaps a fitting dénouement. Anyway, the upshot is that ordinary noise is not ASB, and lack of sound insulation does not make ordinary use into a nuisance.’
Nearly Legal, 1st May 2023
Source: nearlylegal.co.uk
Suitability review – excluding information, and ending existing accommodation – Nearly Legal
‘Querino v Cambridge City Council. County Court at Cambridge, 29 March 2023. Continuing the trend (of which I wholeheartedly approve) of people sending me notes of judgments, the following is a note of a s.204 appeal of a suitability review decision from Toby Vanhegan of 4-5 Gray’s Inn and Manjinder Atwal of Duncan Lewis, for which we are very grateful. The issues were i) whether a “minded to” letter should have been sent, ii) whether the council should have been satisfied that the applicant could end his licence in time to take up the offer of Part VI accommodation, and iii) the review officer had wrongly excluded the applicant’s supporting material from CAFCASS.’
Nearly Legal, 1st May 2023
Source: nearlylegal.co.uk
Terrorist prisoners to face tougher limits behind bars – Ministry of Justice
‘Convicted terrorists will be banned from taking a leading role in religious services and face more rigorous checks for extremist literature as the government redoubles efforts to crackdown on dangerous radicalisers behind bars.’
Ministry of Justice, 30th April 2023
Source: www.gov.uk
LSB looks to beef up regulatory response to misuse of NDAs – Legal Futures
‘The need for a “strengthened and harmonised regulatory approach” to tackle the misuse of non-disclosure agreements (NDAs) is being probed by the Legal Services Board.’
Legal Futures, 2nd May 2023
Source: www.legalfutures.co.uk
Supreme Court rules on liability in Jehovah’s Witness rape case – Law Society’s Gazette
‘”Deeper pockets” is not sufficient justification for extending vicarious liability “beyond its principled boundaries” the Supreme Court has found, as it ruled a congregation cannot be liable for a rape committed by one of its elders.’
Law Society's Gazette, 2nd May 2023
Source: www.lawgazette.co.uk
Trial for Chris Packham’s libel claim set to begin – The Independent
‘Environmentalist Chris Packham’s libel trial over denied allegations that he misled the public into donating to a wildlife charity to rescue “broken” tigers from circuses is set to begin at the High Court.’
The Independent, 2nd May 2023
Source: www.independent.co.uk
Rhondda Cynon Taf: Schizophrenic detained for killing woman – BBC News
‘A schizophrenic who killed and then dismembered a woman at her home has been sentenced to an indefinite hospital order.’
BBC News, 29th April 2023
Source: www.bbc.co.uk
