Day: 31 July 2023

BAILII: Recent Decisions

Posted July 31st, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Robins v Secretary of State for Work and Pensions [2023] EWCA Civ 890 (28 July 2023)

RN, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber) & Anor [2023] EWCA Civ 882 (28 July 2023)

Patley Wood Farm LLP & Ors v Kicks & Anor [2023] EWCA Civ 901 (28 July 2023)

Kazalbash v Secretary of State for Levelling Up, Housing And Communities [2023] EWCA Civ 904 (27 July 2023)

S (Children: Parentage and Jurisdiction) [2023] EWCA Civ 897 (27 July 2023)

Court of Appeal (Criminal Division)

BKR, R. v [2023] EWCA Crim 903 (28 July 2023)

High Court (Administrative Court)

Popovic, R (On the Application Of) v Ealing Magistrates Court & Ors (Rev1) [2023] EWHC 1875 (Admin) (28 July 2023)

London Borough of Hillingdon & Ors, R (On the Application Of) v Mayor of London (Re ULEZ Expansion) [2023] EWHC 1972 (Admin) (28 July 2023)

Crown Prosecution Service, R. (on the application of) v Crown Court At Preston [2023] EWHC 1957 (Admin) (27 July 2023)

High Court (Chancery Division)

British Broadcasting Corporation v BBC Pension Trust Ltd & Anor [2023] EWHC 1965 (Ch) (28 July 2023)

Time GB Group Ltd v Yarwell Mill Country Park Ltd [2023] EWHC 1887 (Ch) (28 July 2023)

Financial Conduct Authority v Forster & Ors [2023] EWHC 1973 (Ch) (28 July 2023)

Galapagos Bidco SARL v Kebekus & Ors [2023] EWHC 1931 (Ch) (28 July 2023)

High Court (Commercial Court)

Richard Slade and Company Ltd & Anor v Guinevere Holdings Ltd & Anor [2023] EWHC 1869 (Comm) (28 July 2023)

Deutsche Bank AG, London Branch v Central Bank of Venezuela (Re Arbitration Act 1996 and an LCIA Arbitration) [2023] EWHC 1942 (Comm) (28 July 2023)

Eternity Sky Investments Ltd v Zhang [2023] EWHC 1964 (Comm) (28 July 2023)

Wyllie & Ors v Liberty Mutual Insurance Europe SE [2023] EWHC 1970 (Comm) (28 July 2023)

George on High Ltd & Anor v Alan Boswell Insurance Brokers Ltd & Anor [2023] EWHC 1963 (Comm) (27 July 2023)

High Court (Family Division)

A And B (Children: ‘parental Alienation’) (No. 5) [2023] EWHC 1864 (Fam) (27 July 2023)

C, Re (Parental Alienation: Permanent Removal to Germany) [2023] EWHC 1955 (Fam) (27 July 2023)

High Court (King’s Bench Division)

Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) (28 July 2023)

Uber Britannia Ltd v Sefton Metropolitan Borough Council [2023] EWHC 1975 (KB) (28 July 2023)

McKenzie v Creation Consumer Finance Ltd [2023] EWHC 1904 (KB) (28 July 2023)

Davidoff & Ors v Google LLC [2023] EWHC 1958 (KB) (28 July 2023)

Afriyie v Commissioner of Police for the City of London (Re Costs) [2023] EWHC 1974 (KB) (28 July 2023)

High Court (Technology and Construction Court)

International Game Technology PLC & Ors v Gambling Commission [2023] EWHC 1961 (TCC) (28 July 2023)

Source: www.bailii.org

Suitability appeal – don’t ignore evidence of need – Nearly Legal

Posted July 31st, 2023 in appeals, autism, children, disabled persons, equality, families, homelessness, housing, local government, news, statutory duty by tracey

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

Full Story

Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal

Posted July 31st, 2023 in appeals, housing, landlord & tenant, leases, news, service charges by tracey

‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’

Full Story

Nearly Legal, 30th July 2023

Source: nearlylegal.co.uk

Businesses must review strike plans after agency worker ruling – OUT-LAW.com

Posted July 31st, 2023 in employment, industrial action, news by tracey

‘British employers facing industrial action have been urged to review their contingency plans after a High Court decision struck down rules allowing agency staff to perform the roles of striking workers.’

Full Story

OUT-LAW.com, 28th July 2023

Source: www.pinsentmasons.com

Supreme Court litigation funding ruling poses challenge for mass actions – OUT-LAW.com

Posted July 31st, 2023 in appeals, competition, damages, news, Supreme Court, third parties by tracey

‘A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.’

Full Story

OUT-LAW.com, 28th July 2023

Source: www.pinsentmasons.com

Mermaids v LGB Alliance: Tribunal rejects attempt to deregister controversial charity – UK Human Rights Blog

Posted July 31st, 2023 in charities, Charity Commission, gender, homosexuality, human rights, news, transgender persons by tracey

‘Despite what the parties and their supporters hoped, this case (Mermaids v The Charity Commission of England and Wales & LGB Alliance [2023] ULKFTT 563 (GRC)) was not – said the Tribunal – about the rights of gender diverse people (as represented by Mermaids) or the rights of gay, lesbian and bisexual people (represented by the LGB Alliance). On the face of it, the issue decided by the Tribunal (General Regulatory Chamber, Charity) on 6 July 2023 was a narrow one: whether Mermaids was entitled to challenge the Charity Commission’s decision to register the LGB Alliance as a charity. But its ruling – that Mermaids could not – was highly significant as a robust affirmation of the value of debate in a democratic society.’

Full Story

UK Human Rights Blog, 29th July 2023

Source: ukhumanrightsblog.com

CA overturns ruling that £2.7bn class action should proceed as opt-in – Legal Futures

Posted July 31st, 2023 in appeals, banking, class actions, compensation, competition, news by tracey

‘The Court of Appeal last week overturned a decision that £2.7bn collective proceedings over a foreign exchange spot-trading cartel should be on an opt-in, rather than opt-out, basis.’

Full Story

Legal Futures, 31st July 2023

Source: www.legalfutures.co.uk

Firm wins £2.5m claim after client assigns loan to pay outstanding fees – Legal futures

Posted July 31st, 2023 in assignment, fees, law firms, loans, news by tracey

‘A London law firm that took an assignment of nearly £2.5m owed to a client to pay its fees has been granted summary judgment by the High Court.’

Full Story

Legal Futures, 31st July 2023

Source: www.legalfutures.co.uk

Jail for van driver who smuggled children as young as one – Home Offfice

Posted July 31st, 2023 in children, government departments, immigration, imprisonment, news, sentencing, trafficking in human beings by tracey

‘A British man who tried to smuggle migrant children as young as 1 into the UK by hiding them behind boxes in his van has been jailed for 4 years.’

Full Story

Home Office, 28th July 2023

Source: www.gov.uk

Pair sentenced for profiteering from Covid pandemic – Crown Prosecution Service

Posted July 31st, 2023 in coronavirus, Crown Prosecution Service, fraud, imprisonment, news, sentencing by tracey

‘Two men have today been sentenced at Birmingham Crown Court for fraudulently selling unauthorised COVID-19 test kits in 2020 whilst the country was in the grip of the pandemic.’

Full Story

Crown Prosecution Service, 28th July 2023

Source: www.cps.gov.uk

Airline ordered to reopen claims after passenger complaints – Law Society’s Gazette

Posted July 31st, 2023 in airlines, complaints, consumer protection, enforcement, news by tracey

‘An airline has committed to reopening claims from passengers after the aviation regulator stepped in to force the issue. The UK Civil Aviation Authority said its enforcement action against Wizz Air followed “significant concerns over high volumes of complaints” about the airline not paying passengers what they are owed.’

Full Story

Law Society's Gazette, 28th July 2023

Source: www.lawgazette.co.uk

Judge right to award lying libel claimant £1 damages, appeal rules – Law Society’s Gazette

Posted July 31st, 2023 in appeals, damages, deceit, defamation, fraud, news, personal injuries by tracey

‘A High Court judge was correct to award only £1 in damages to a libel claimant who lied to the court, three appeal judges have found in the latest ruling concerning the self-proclaimed inventor of bitcoin. Computer scientist Dr Craig Wright last year successfully sued a blogger who had publicly accused him of fraud. However Mr Justice Chamberlain ordered only nominal damages because Wright had submitted “deliberately false” evidence on the extent of harm caused by the libel.’

Full Story

Law Society's Gazette, 27th July 2023

Source: www.lawgazette.co.uk

Ex-Archbishop of York John Sentamu banned from preaching in Newcastle – BBC News

Posted July 31st, 2023 in abuse of position of trust, child abuse, children, Church of England, news, sexual offences, victims by tracey

‘The former Archbishop of York, John Sentamu, has been banned from preaching in Newcastle.’

Full Story

BBC News, 30th July 2023

Source: www.bbc.co.uk

Driver’s botched DIY car work caused death crash – BBC News

Posted July 31st, 2023 in dangerous driving, homicide, imprisonment, news, sentencing by tracey

‘A driver killed a motorcyclist when his broken car bonnet flew open after he tied it down with bungee cord.’

Full Story

BBC News, 28th July 2023

Source: www.bbc.co.uk

Child killer Colin Pitchfork’s release from prison put on hold – The Guardian

Posted July 31st, 2023 in children, murder, news, parole by tracey

‘The double child killer Colin Pitchfork has had his release from prison put on hold after a judge decided the decision to free him should be reviewed.’

Full Story

The Guardian, 27th July 2023

Source: www.theguardian.com

HMP Bronzefield baby death followed systemic failings – inquest – BBC News

Posted July 31st, 2023 in birth, causing death of children or vulnerable adults, children, death in custody, imprisonment, inquests, news, pregnancy, prisons by tracey

‘A baby died after her “vulnerable” 18-year-old mother gave birth alone in a jail cell following “systemic failings” by state agencies, a coroner has said.’

Full Story

BBC News, 29th July 2023

Source: www.bbc.co.uk

‘Excluded from justice’: court prevents family of victim from addressing assailant – The Guardian

Posted July 31st, 2023 in bereavement, community service, families, fines, grievous bodily harm, Ministry of Justice, murder, news, victims, young offenders by tracey

‘The brother of a man who died after being assaulted in his own home has said he has been “excluded from justice” after magistrates barred him from court on the grounds that his presence would put the teenage attacker under “undue stress”.’

Full Story

The Guardian, 30th July 2023

Source: www.theguardian.com

Cryptocurrency: 11 members of £5m drugs gang jailed – BBC News

Posted July 31st, 2023 in conspiracy, cryptocurrencies, drug offences, gangs, imprisonment, money laundering, news, sentencing by tracey

‘Eleven members of a drugs gang have been jailed for a multi-million pound cocaine and money laundering operation.’

Full Story

BBC News, 30th July 2023

Source: www.bbc.co.uk

Andrew Malkinson: End living cost charge for wrongfully convicted, Tory MP says – BBC News

Posted July 31st, 2023 in compensation, imprisonment, Ministry of Justice, miscarriage of justice, news, prisons by tracey

‘A senior Conservative MP has urged ministers to change prison compensation rules after it emerged a man who wrongly spent 17 years in jail may have money deducted from his payout.’

Full Story

BBC News, 30th July 2023

Source: www.bbc.co.uk

Court of Appeal to rule on Dartmoor wild camping case – The Independent

Posted July 31st, 2023 in appeals, news, rights of way, statutory interpretation by tracey

‘The Court of Appeal is to give its ruling in a legal battle over the right to wild camp in Dartmoor National Park.’

Full Story

The Independent, 31st July 2023

Source: www.independent.co.uk