Day: 3 August 2023
Recent Statutory Instruments – legislation.gov.uk
SI 2023/889 – The Organic Production (Control of Imports) (Amendment) Regulations 2023
SI 2023/887 – The Electricity (Standards of Performance) (Amendment) Regulations 2023
SI 2023/878 – The Official Statistics Order 2023
SI 2023/876 – The Employment (Allocation of Tips) Act 2023 (Commencement No. 1) Regulations 2023
SI 2023/873 – The Electricity and Gas (Energy Company Obligation) Order 2023
SI 2023/872 – The Postal Packets (Miscellaneous Amendments) Regulations 2023
SI 2023/871 – The Teachers’ Pension Scheme (Remediable Service) Regulations 2023
SI 2023/870 – The Armed Forces (Service Supervision and Punishment Orders) Regulations 2023
SI 2023/867 – The Tuberculosis in Animals (England) (Amendment) Order 2023
SI 2023/866 – The Faculty Jurisdiction (Amendment) Rules 2023
SI 2023/865 – The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2023
SI 2023/864 – The Legal Officers (Annual Fees) Order 2023
SI 2023/863 – The Church Representation Rules (Amendment) Resolution 2023
Source: www.legislation.gov.uk
The Case for Caution in Making Social Class a Protected Characteristic under the UK’s Equality Act 2010 – Oxford Human Rights Hub
‘Momentum is growing in the UK to make social class a statutory protected characteristic. The Co-Op, The British Psychological Society, and the Bridge Group, amongst others, have proposed legislative reform to prohibit class discrimination. This may look like an “easy win”, especially for political parties puzzling over their manifestos and wanting to signal tangible action to combat the cost-of-living crisis. Yet there are considerable risks that this legal reform would either achieve little or actually hamper initiatives to combat socio-economic inequality.’
Oxford Human Rights Hub, 3rd August 2023
Source: ohrh.law.ox.ac.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
B (A Child) (Fact-Finding) [2023] EWCA Civ 905 (31 July 2023)
Celik v Secretary of State for the Home Department [2023] EWCA Civ 921 (31 July 2023)
Darwall & Anor v Dartmoor National Park Authority [2023] EWCA Civ 927 (31 July 2023)
Mimo Connect Ltd v Buley & Ors [2023] EWCA Civ 909 (28 July 2023)
Court of Appeal (Criminal Division)
Trowland & Anor, R. v [2023] EWCA Crim 919 (31 July 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Warwickshire College v Malvern Hills District Council [2023] EWHC 2008 (Ch) (01 August 2023)
Patel v Parker & Ors [2023] EWHC 1979 (Ch) (31 July 2023)
Brass Trustees Ltd v Goldstone & Anor [2023] EWHC 1978 (Ch) (31 July 2023)
Merry & Ors v Esa (Re Safe Depot Ltd and Insolvency Act 1986) [2023] EWHC 2011 (Ch) (31 July 2023)
Freed & Anor v Saffron Management Ltd & Ors [2023] EWHC 1919 (Ch) (28 July 2023)
Enigma Diagnostics Ltd & Ors v Boulter & Ors [2023] EWHC 1999 (Ch) (28 July 2023)
High Court (Commercial Court)
Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 2002 (Comm) (01 August 2023)
Suppipat & Ors v Narongdej & Ors [2023] EWHC 1988 (Comm) (31 July 2023)
Source: www.bailii.org
Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – Guildhall Chambers
‘In one of the first major decisions on vicarious liability since Barclays Bank and Morrisons, the Supreme Court has provided clarity on the limits of the doctrine.’
Guildhall Chambers, 17th July 2023
Source: www.guildhallchambers.co.uk
Judge directs local authority not to tell maternal or paternal families about placement of twins for adoption – Local Government Lawyer
‘A deputy High Court judge has agreed that a local authority need not tell any family members about twins being placed for adoption.’
Local Government Lawyer, 3rd August 2023
Source: www.localgovernmentlawyer.co.uk
Unravelling it all: challenging judgments tainted by fraud – Gatehouse Chambers
‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’
Gatehouse Chambers, 31st July 2023
Source: gatehouselaw.co.uk
Court of Appeal hands down judgment in the FX Collective Proceedings – Jurisdiction to Appeal, Opt-in vs Opt-out, and Carriage – Henderson Chambers
‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
Highways in a Climate Crisis – 4-5 Gray’s Inn Square
‘The judgment may not be the final word, given a stated intention to ask the Court of Appeal to reconsider this matter. However the decision makes interesting reading on the important issue of how transport links can be promoted in light of the climate crisis – and gives a clear steer to follow for the time being.’
4-5 Gray's Inn Square, 27th July 2023
Source: www.4-5.co.uk
Tribunal makes protective awards to staff of defunct Newcastle firm – Legal Futures
‘The employment tribunal has issued protective awards in favour of 13 former employees of Newcastle firm Short Richardson & Forth (SRF) for failing to consult over their redundancies.’
Legal Futures, 3rd August 2023
Source: www.legalfutures.co.uk
Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient? – QMLR
‘When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s husband (“the Deceased”) from colon cancer with metastatic spread to the liver.’
QMLR, 18th July 2023
Source: 1corqmlr.com
Council defeats Court of Appeal challenge over rule in constitution on councillor voting and deferred planning applications – Local Government Lawyer
‘The London Borough of Tower Hamlets was entitled to make a rule that only councillors who had been present when a planning application had previously been considered could vote on deferred applications, the Court of Appeal has found.’
Local Government Lawyer, 3rd August 2023
Source: www.localgovernmentlawyer.co.uk
Montgomery and Material Contribution – QMLR
‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’
QMLR, 18th July 2023
Source: 1corqmlr.com
High Court upholds order for possession leaving disabled 62-year-old woman homeless – Local Government Lawyer
‘Reading Borough Council has defeated an appeal against eviction by a disabled resident with a long history of anti-social behaviour.’
Local Government Lawyer, 3rd August 2023
Source: www.localgovernmentlawyer.co.uk
Anti-vaxxer guilty of harassing Matt Hancock on London tube – The Guardian
‘An anti-vaccine protester who accused Matt Hancock of murdering people during the coronavirus pandemic has been found guilty of harassment.’
The Guardian, 2nd August 2023
Source: www.theguardian.com
When can findings of fact be re-opened? – Becket Chambers
‘There has been some uncertainty over the correct approach to the issue of when findings of fact can be re-opened. This was as a direct result of the judgment of Mostyn J in Re RL.’
Becket Chambers, 3rd July 2023
Source: becket-chambers.co.uk
Man whose house had Nazi flags, fridge magnets and Adolf Hitler portrait jailed – The Independent
‘A man whose house was found adorned with Nazi flags, fridge magnets and a portrait of Adolf Hitler has been jailed.’
The Independent, 2nd August 2023
Source: www.independent.co.uk
Leaseholder Causes of Action: Key Points for Busy Practitioners – Tanfield Chambers
‘Hugh Rowan examines three new cases of action under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
Jacob Crouch: stepfather found guilty of murdering baby in Derbyshire – The Guardian
‘A man has been found guilty of murdering his 10-month-old stepson, Jacob Crouch, who was left with dozens of injuries, including at least 39 rib fractures, in the run-up to his death.’
The Guardian, 2nd August 2023
Source: www.theguardian.com
