Day: 23 October 2023
BAILII: Recent Decisions
Court of Appeal (Civil Division)
THTN v Secretary of State for the Home Department [2023] EWCA Civ 1222 (20 October 2023)
Abdi v Manchester City Council & Ors [2023] EWCA Civ 1214 (20 October 2023)
High Court (Chancery Division)
Madison Pacific Trust Ltd v SquareTwo Capital Ltd & Anor [2023] EWHC 2605 (Ch) (20 October 2023)
Thandi v Saggu [2023] EWHC 2631 (Ch) (20 October 2023)
High Court (Commercial Court)
Therium Litigation Funding A IC v Bugsby Property LLC [2023] EWHC 2627 (Comm) (20 October 2023)
Capita Business Services Ltd v IBM United Kingdom Ltd [2023] EWHC 2623 (Comm) (20 October 2023)
My Protection Guru Ltd v LifeSearch Partners Ltd [2023] EWHC 2573 (Comm) (20 October 2023)
High Court (Family Division)
WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam) (20 October 2023)
Court (Patents Court)
High Court (King’s Bench Division)
Yovonie v East Sussex Healthcare NHS Trust [2023] EWHC 2618 (KB) (20 October 2023)
Ward v Torridge District Council [2023] EWHC 2629 (KB) (20 October 2023)
Source: www.bailii.org
Private sector accommodation in discharge of duty – meeting the tests at the right time – Nearly Legal
‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’
Nearly Legal, 22nd October 2023
Source: nearlylegal.co.uk
Setting up a collective redress scheme in the UK – OUT-LAW.com
‘Collective redress schemes, often referred to as ‘compensation schemes’, offer businesses and organisations an alternative means of settling claims or potential claims from a particular class of individuals or customers quickly and economically.’
OUT-LAW.com, 20th October 2023
Source: www.pinsentmasons.com
Tom Hickman KC: Candour Inside-Out: Disclosure in Judicial Review – UK Constitutional Law Association
‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’
UK Constitutional Law Association, 16th October 2023
Source: ukconstitutionallaw.org
Joe Tomlinson, Eleana Kasoulide, Jed Meers & Simon Halliday: Targeted case reviews: a legitimate compliance exercise or a scandal in the making? – UK Constitutional Law Association
‘Government has a legitimate interest in seeking to prevent and reduce error in the benefits system and in taking action to recover funds lost. And there is widespread pressure for the Department for Work and Pensions to do just that. However, creating systems capable of doing this work is fraught with challenges, including in terms of maintaining fairness and legality. Chief amongst them is the complexity of undertaking error detection work at the scale necessary for effectiveness without harming benefit recipients, who are often vulnerable and for whom benefits are an essential source of financial support. Such challenges are also magnified when, as is typical in modern government, techniques such as outsourcing to private companies and risk assessment are adopted.’
UK Constitutional Law Association, 23rd October 2023
Source: ukconstitutionallaw.org
Procurements and losses suffered by group companies – Local Government Lawyer
‘A High Court judge earlier this month lifted an automatic suspension that was preventing the Home Office from entering into contracts worth more than £750m for visa and citizenship application services. Ed Williams and Nico Tilche look at the lessons to be learned.’
Local Government Lawyer, 20th October 2023
Source: www.localgovernmentlawyer.co.uk
Woman raped by ex-partner left traumatised by English family courts – The Guardian
‘A woman who was raped by her former partner has told how her fight for justice in the family courts left her traumatised.’
The Guardian, 21st October 2023
Source: www.theguardian.com
The Key Reforms of the Social Housing (Regulation) Act 2023 – Transparency, Influence and Accountability Standard – Local Government Lawyer
‘In this digest, Louise Leaver and Sarah Greenhalgh look at the impact of the Transparency, Influence and Accountability Standard.’
Local Government Lawyer, 23rd October 2023
Source: www.localgovernmentlawyer.co.uk
High Court refuses Indian lawyer right to address court – Legal Futures
‘The High Court has refused an Indian lawyer permission to appear for an Indian company that had dismissed its English solicitors and barristers shortly before trial.’
Legal Futures, 23rd October 2023
Source: www.legalfutures.co.uk
First post-PACCAR bid to invalidate litigation funding agreement fails – Legal Futures
‘The High Court has rejected the first bid to use the Supreme Court’s PACCAR ruling by a company looking to invalidate a litigation funding agreement (LFA) it had signed up to.’
Legal Futures, 23rd October 2023
Source: www.legalfutures.co.uk
Government consults on safe and legal routes for refugees – Home Office
‘Local authorities will be consulted on plans to determine an annual cap on the number of refugees resettled in the UK each year, based on the UK’s capacity to accommodate and support people coming to the UK via safe and legal routes, as the government continues work to deliver its plan to stop the boats.’
Home Office, 20th October 2023
Source: www.gov.uk
Adaptable lawyers will thrive in an AI world, judge says – Law Society’s Gazette
‘Costs lawyers will still have work to do in an AI-dominated world – but they must be willing to retrain and adapt to take advantage of the opportunities available.’
Law Society's Gazette, 20th October 2023
Source: www.lawgazette.co.uk
Gaps in UK law allowing ‘jihad’ to be shouted were ‘known to government’ – The Guardian
‘Gaps in UK law that would allow words such as “jihad” to be shouted at rallies were known to the government but not acted upon, Britain’s former head of counter-terrorism has revealed.’
The Guardian, 22nd October 2023
Source: www.theguardian.com
Judges to rule on whether tenants in England have right to keep a pet – The Guardian
‘Judges are to be asked to rule on whether private landlords can “reasonably” deny a tenant’s request to keep a pet, under sweeping reforms to the private rented sector facing a key parliamentary debate on Monday.’
The Guardian, 23rd October 2023
Source: www.theguardian.com
Court of Appeal judges set to consider critically ill baby’s case – The Independent
‘The parents of a critically ill baby are preparing to stage an appeal after losing a High Court fight. A High Court judge recently ruled that doctors could lawfully limit the treatment they provide to Indi Gregory – against the wishes of her parents, Dean Gregory and Claire Staniforth.’
The Independent, 23rd October 2023
Source: www.independent.co.uk
Drug-spiking reports rise fivefold but proportion leading to charges fall – The Guardian
‘Drug-spiking incidents reported to the police have increased five-fold in five years, yet the proportion leading to a criminal charge is falling, freedom of information (FoI) requests show.’
The Guardian, 23rd October 2023
Source: www.theguardian.com
