Month: May 2023

BAILII: Recent Decisions

Posted May 2nd, 2023 in law reports by tracey

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)

Devonhurst Investments Ltd, R (On the Application Of) v Luton Borough Council [2023] EWHC 978 (Admin) (28 April 2023)

Beech Developments (Manchester) Ltd & Ors, R (On the Application Of) v Commissioners for HM Revenue and Customs [2023] EWHC 977 (Admin) (28 April 2023)

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

Posted May 2nd, 2023 in artificial intelligence, child abuse, facial mapping, forced labour, human rights, news by tracey

‘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.’

Full Story

Each Other, 27th April 2023

Source: eachother.org.uk

Snoring is not ASB, not even in Lambeth – Nearly Legal

Posted May 2nd, 2023 in anti-social behaviour, injunctions, news, noise, nuisance by tracey

‘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.’

Full Story

Nearly Legal, 1st May 2023

Source: nearlylegal.co.uk

Suitability review – excluding information, and ending existing accommodation – Nearly Legal

Posted May 2nd, 2023 in housing, landlord & tenant, local government, news, statutory duty by tracey

‘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.’

Full Story

Nearly Legal, 1st May 2023

Source: nearlylegal.co.uk

Terrorist prisoners to face tougher limits behind bars – Ministry of Justice

Posted May 2nd, 2023 in dangerous offenders, news, prisons, terrorism by tracey

‘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.’

Full Story

Ministry of Justice, 30th April 2023

Source: www.gov.uk

LSB looks to beef up regulatory response to misuse of NDAs – Legal Futures

Posted May 2nd, 2023 in legal advice, legal profession, Legal Services Board, news, non-disclosure agreements by tracey

‘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.’

Full Story

Legal Futures, 2nd May 2023

Source: www.legalfutures.co.uk

CA upholds dismissal of £40m claim against tax QC – Legal Futures

Posted May 2nd, 2023 in barristers, film industry, legal advice, negligence, news, taxation by tracey

‘The High Court was right to dismiss a £40m negligence claim against a leading tax barrister over advice he provided on three film financing schemes, the Court of Appeal has ruled.’

Full Story

Legal Futures, 2nd May 2023

Source: www.legalfutures.co.uk

Ethics and access: striking the right balance – Bar Standards Board

Posted May 2nd, 2023 in barristers, freedom of expression, legal representation, news, professional conduct, public interest by tracey

‘What is an ethical lawyer? Should an ethical lawyer steer clear of certain clients on public interest grounds? And should the regulator police the profession’s choice of client?’

Full Story

Bar Standards Board, 28th April 2023

Source: www.barstandardsboard.org.uk

Supreme Court rules on liability in Jehovah’s Witness rape case – Law Society’s Gazette

Posted May 2nd, 2023 in negligence, news, rape, Supreme Court, vicarious liability by tracey

‘”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.’

Full Story

Law Society's Gazette, 2nd May 2023

Source: www.lawgazette.co.uk

Trial for Chris Packham’s libel claim set to begin – The Independent

Posted May 2nd, 2023 in animal cruelty, charities, defamation, fraud, news by tracey

‘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.’

Full Story

The Independent, 2nd May 2023

Source: www.independent.co.uk

Rhondda Cynon Taf: Schizophrenic detained for killing woman – BBC News

Posted May 2nd, 2023 in diminished responsibility, guilty pleas, homicide, hospital orders, mental health, news by tracey

‘A schizophrenic who killed and then dismembered a woman at her home has been sentenced to an indefinite hospital order.’

Full Story

BBC News, 29th April 2023

Source: www.bbc.co.uk