Month: September 2023
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Royal and Sun Alliance Insurance Ltd & Ors v Tughans [2023] EWCA Civ 999 (31 August 2023)
SA, Re (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003 (30 August 2023)
T (Children), Re [2023] EWCA Civ 1004 (30 August 2023)
MXX v A Secondary School [2023] EWCA Civ 996 (25 August 2023)
Blake & Ors v Fox [2023] EWCA Civ 1000 (25 August 2023)
Court of Appeal (Criminal Division)
Watson, R. v [2023] EWCA Crim 1016 (04 September 2023)
Beard & Ors, R. v [2023] EWCA Crim 1015 (04 September 2023)
More, R. v [2023] EWCA Crim 1005 (01 September 2023)
High Court (Administrative Court)
High Court (Chancery Division)
ClientEarth v Shell Plc & Ors (Re Costs) [2023] EWHC 2182 (Ch) (31 August 2023)
Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) (25 August 2023)
Shill Properties Ltd v Bunch [2023] EWHC 2135 (Ch) (25 August 2023)
High Court (Commercial Court)
Viking Trading OU v Louis Dreyfus Company Suisse SA [2023] EWHC 2160 (Comm) (25 August 2023)
High Court (Family Division)
B (A Child), Re (Consent; Acquiescence; Intolerability) [2023] EWHC 2162 (Fam) (25 August 2023)
High Court (Patents Court) Decisions
Cook UK Ltd v Boston Scientific Ltd & Anor [2023] EWHC 2163 (Pat) (30 August 2023)
High Court (King’s Bench Division)
Takhar & Ors v Mohamed & Anor [2023] EWHC 2190 (KB) (31 August 2023)
Esso Petroleum Company Ltd v Breen & Anor [2023] EWHC 2013 (KB) (31 August 2023)
Mikadze & Anor v Dechert LLP & Ors [2023] EWHC 2165 (KB) (30 August 2023)
Waverley Borough Council v Gray & Ors [2023] EWHC 2161 (KB) (25 August 2023)
Celebrity Speakers Ltd v Daniel & Ors [2023] EWHC 2158 (KB) (25 August 2023)
Shaw v Maguire (Re Preliminary Issues) (Rev1) [2023] EWHC 2155 (KB) (25 August 2023)
High Court (Technology and Construction Court)
IBM United Kingdom Ltd v LzLabs GmbH & Ors [2023] EWHC 2142 (TCC) (24 August 2023)
Topalsson GmbH v Rolls-Royce Motor Cars Ltd [2023] EWHC 2092 (TCC) (17 August 2023)
Source: www.bailii.org
Court of Appeal sets aside circuit judge’s “plainly irregular” ruling – Legal Futures
‘The Court of Appeal has set aside a circuit judge’s ruling in public law children proceedings after describing his decision as “plainly irregular”.’
Legal Futures, 1st September 2023
Source: www.legalfutures.co.uk
Ex-prison officer jailed for possessing white supremacist ‘murder manual’ – The Guardian
‘A neo-Nazi former prison officer who ran a fascist fitness club has been sentenced to eight years in prison for possessing a terrorist handbook.’
The Guardian, 31st August 2023
Source: www.theguardian.com
Doctor Knows Best – Supreme Court Clarifies “Professional Practice Test” – Parklane Plowden Chambers
‘On 12th July 2023, the Supreme Court handed down its judgment in McCulloch and Others v Forth Valley Health Board [2023] UKSC 26, the first Supreme Court decision on the issue of informed consent since Montgomery v Lanarkshire Health Board [2015] UKSC 11.’
Parklane Plowden Chambers, 14th July 2023
Source: www.parklaneplowden.co.uk
Research Briefing: Statutory public inquiries: the Inquiries Act 2005 – House of Commons Library
‘A briefing paper explaining the Inquiries Act 2005, issues arising from the holding of statutory public inquiries, and summary notes on the progress of active statutory inquiries.’
House of Commons Library, 31st August 2023
Source: commonslibrary.parliament.uk
Legal services T-Levels to be taught for first time this month – Legal Futures
‘The first teenagers to take the legal services T-Level, a new vocational alternative to A-Levels, are to start courses this month at half a dozen schools and colleges.’
Legal Futures, 1st September 2023
Source: www.legalfutures.co.uk
Aggravated damages in personal injury claims: are they ever recoverable? – Gatehouse Chambers
‘Outside of those cases involving false imprisonment or torture, aggravated damages in personal injury claims are vanishingly rare. A recently issued claim in the High Court called Frearson, claims aggravated damages for what is alleged to be deliberate assault with a deadly weapon. But that claim is at an early stage and – even if it goes to trial – is unlikely to provide any definitive answers for some time.’
Gatehouse Chambers, 7th July 2023
Source: gatehouselaw.co.uk
Departing from Guidelines and Balancing of Risks in Different Medical Settings – QMLR
‘This article will focus on the issue relating to guidelines, which is likely to be the central take-away point for practitioners. Mr Berry was administered 400mg of Gentamicin on 4 March by Dr Meyer. The parties were agreed that the dosage caused the Claimant ototoxicity side effects.’
QMLR, 18th July 2023
Source: 1corqmlr.com
UK AI copyright code expected this autumn – OUT-LAW.com
‘A new code of practice aimed at balancing the rights of content creators with the desire of AI developers to train their systems using quality data is set to be finalised this autumn, Out-Law understands.’
OUT-LAW.com, 31st August 2023
Source: www.pinsentmasons.com
Where now for litigation funding? The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 – Gatehouse Chambers
‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’
Gatehouse Chambers, 26th July 2023
Source: gatehouselaw.co.uk
Ofgem announces rise of storm power cut compensation cap to £2,000 – The Independent
‘The compensation cap for households and businesses that lose power in severe weather has increased from £700 to £2,000 after “lessons learnt” in the aftermath of Storm Arwen.’
The Independent, 1st September 2023
Source: www.independent.co.uk
Council prosecution sees Pret a Manger hit with £800k fine after employee trapped in walk-in freezer – Local Government Lawyer
‘A Westminster City Council investigation has led to coffee and sandwich giant Pret a Manger being fined £800,000 after a member of staff was left trapped and fearing for her life in a walk-in freezer for 2.5 hours.’
Local Government Lawyer, 31st August 2023
Source: www.localgovernmentlawyer.co.uk
UK to pilot electronic tagging for domestic abusers leaving prison – The Guardian
‘Domestic abusers leaving prison will have to wear electronic monitoring tags in a move that the government says will offer better protection to victims.’
The Guardian, 1st September 2023
Source: www.theguardian.com
Research Briefing: Whistleblowing and gagging clauses – House of Commons Library
‘This briefing covers legal protections for workers who whistleblow at work, as well as attempts to silence workers using settlement agreements.’
House of Commons Library, 31st August 2023
Source: commonslibrary.parliament.uk
Man with Traveller heritage compensated after Conservative club refused to host christening party – The Guardian
‘A man barred from booking a christening party for his baby daughter at a Conservative club because of his Irish Traveller heritage has been awarded compensation after bringing a claim for racial discrimination.’
The Guardian, 1st September 2023
Source: www.theguardian.com
Case comment: Boydell v NZP Ltd & Anor [2023] EWCA Civ 373 – Gatehouse Chambers
‘The Court of Appeal recently handed down judgment in the case of Boydell v NZP Ltd & Anor [2023] EWCA Civ 373, in which an employee challenged the High Court’s decision to sever parts of a restrictive covenant, and then grant an interim injunction enforcing the amended terms.’
Gatehouse Chambers, 17th July 2023
Source: gatehouselaw.co.uk
Borough secures High Court injunction against several defendants over site where caravans are parked – Local Government Lawyer
‘The High Court has granted Waverley Borough Council an injunction against most defendants in a case concerning caravans parked on a site without planning permission.’
Local Government Lawyer, 1st September 2023
Source: www.localgovernmentlawyer.co.uk
