BAILII: Recent Decisions
High Court (Chancery Division)
Kamenetskiy & Ors v Zolotarev & Ors [2023] EWHC 2619 (Ch) (23 October 2023)
High Court (Commercial Court)
Source: www.bailii.org
High Court (Chancery Division)
Kamenetskiy & Ors v Zolotarev & Ors [2023] EWHC 2619 (Ch) (23 October 2023)
High Court (Commercial Court)
Source: www.bailii.org
‘Szorad & Anor v Kohli (2023) EW Misc 12 (CC). A county appeal to a circuit judge on the perennial question of how many deposit regulations breaches can be claimed for in respect of the same deposit.’
Nearly Legal, 23rd October 2023
Source: nearlylegal.co.uk
‘In two recent cases the UK’s Pensions Ombudsman (PO) has responded to member concerns that a provider has not calculated their pension benefits correctly.’
OUT-LAW.com, 23rd October 2023
Source: www.pinsentmasons.com
‘Al aw firm acting in a professional negligence claim against another firm gave “unrealistic” estimates and the incurred costs were “likely to be unreasonable”, a judge has found.’
Law Society's Gazette, 23rd October 2023
Source: www.lawgazette.co.uk
‘A ban on “no-fault” evictions in England will be indefinitely delayed until after the court system is reformed, the government has announced.’
BBC News, 24th October 2023
Source: www.bbc.co.uk
‘Victims of violent and sexual crimes are calling for court transcript costs to be cut after they were quoted “unaffordable” sums for them.’
BBC News, 24th October 2023
Source: www.bbc.co.uk
‘Shamima Begum’s legal fight over the decision to deprive her of her British citizenship is set to reach the Court of Appeal.’
The Independent, 24th October 2023
Source: www.independent.co.uk
‘British authorities failed to act on multiple official warnings about a website promoting suicide that has been connected to at least 50 UK deaths, the BBC has found.’
BBC News, 24th October 2023
Source: www.bbc.co.uk
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
‘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
‘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
‘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
‘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
‘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
‘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