Month: November 2023
Recent Statutory Instruments – legislation.gov.uk
SI 2023/1161 – The Fluorinated Greenhouse Gases (Amendment) Regulations 2023
SI 2023/1164 – The Dangerous Dogs (Designated Types) (England and Wales) Order 2023
SI 2023/1163 – The Care Quality Commission (Additional Functions) (Amendment) Regulations 2023
SI 2023/1156 – The Environmental Permitting (England and Wales) (Amendment) Regulations 2023
SI 2023/1152 – The Armed Forces (Disposal of Property) Regulations 2023
SI 2023/1168 – The Public Charge Point Regulations 2023
SI 2023/1170 – The Environment Act 2021 (Commencement No. 7) Regulations 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Court of Appeal (Civil Division)
Gill v Thind & Ors [2023] EWCA Civ 1276 (02 November 2023)
Adil v General Medical Council [2023] EWCA Civ 1261 (02 November 2023)
The Pensions Ombudsman v CMG Pension Trustees Ltd & Anor [2023] EWCA Civ 1258 (01 November 2023)
Lufthansa Technik AG v Panasonic Avionics Corporation & Ors [2023] EWCA Civ 1273 (01 November 2023)
Court of Appeal (Criminal Division)
Gray v R [2023] EWCA Crim 1285 (01 November 2023)
High Court (Administrative Court)
Jagiellowicz v Regional Court in Elblag (Poland) [2023] EWHC 2751 (Admin) (02 November 2023)
High Court (Chancery Division)
Lord & Ors v Kinsella & Ors [2023] EWHC 2748 (Ch) (02 November 2023)
In the Matter of Praesidiad Ltd [2023] EWHC 2745 (Ch) (01 November 2023)
Morrison Water Services Ltd v Browning [2023] EWHC 2725 (Ch) (31 October 2023)
Mojela v Canmart Ltd & Anor[2023] EWHC 2668 (Ch) (30 October 2023)
Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors [2023] EWHC 2655 (Comm) (27 October 2023)
Transomas Ltd & Anor v Kheri Trading Ltd & Anor [2023] EWHC 2708 (Ch) (27 October 2023)
High Court (Commercial Court)
Hulley Enterprises Ltd & Ors v The Russian Federation [2023] EWHC 2704 (Comm) (01 November 2023)
On the Beach Ltd & Ors v Ryanair UK Ltd & Anor [2023] EWHC 2694 (Comm) (31 October 2023)
High Court (Family Division)
A Mother v A Father & Ors [2023] EWHC 2728 (Fam) (01 November 2023)
High Court (King’s Bench Division)
Crosbie v Ley [2023] EWHC 2626 (KB) (01 November 2023)
James v Shaw (t/a Shaws Leasure) [2023] EWHC 2683 (KB) (01 November 2023)
Clarke v Guardian News & Media Ltd (Re Preliminary Issues) [2023] EWHC 2734 (KB) (01 November 2023)
Doyle v HDI Global Specialty SE [2023] EWHC 2722 (KB) (31 October 2023)
High Court (Technology and Construction Court)
Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) (01 November 2023)
Crystal Electronics Ltd v Digital Mobile Spectrum Ltd [2023] EWHC 2656 (TCC) (27 October 2023)
Source: www.bailii.org
UK autonomous vehicles law announcement anticipated – OUT-LAW.com
‘Future demand for autonomous vehicles will be significantly influenced by the extent to which legislators can simultaneously promote innovation and flexibility while addressing safety concerns in the rules they write, an expert has said.’
OUT-LAW.com, 2nd November 2023
Source: www.pinsentmasons.com
Two cases highlight possible areas of reform to 1954 Landlord and Tenant Act – OUT-LAW.com
‘Two recent business tenancy appeals in England are likely to catch the eye of the Law Commission as it considers potential reforms to the 1954 Landlord and Tenant Act, according to one legal expert.’
OUT-LAW.com, 2nd November 2023
Source: www.pinsentmasons.com
From costs to validating advice – litigators see role for AI – Legal Futures
‘Artificial intelligence (AI) will have multiple uses for litigators, including helping with costs budgeting and validating advice to clients, a leading partner at Eversheds Sutherland has predicted.’
Legal Futures, 3rd November 2023
Source: www.legalfutures.co.uk
Former children’s holiday camp manager jailed for online child sex abuse offences – Crown Prosecution Service
‘A former children’s holiday camp manager who posed as a teenage girl in order to groom children online has been jailed.’
Crown Prosecution Service, 1st November 2023
Source: www.cps.gov.uk
Firm wins challenge to legal aid out of time reduction – Law Society’s Gazette
‘A firm has successfully challenged a 20% late-submission penalty to a legal aid settlement.’
Law Society's Gazette, 3rd November 2023
Source: www.lawgazette.co.uk
Coventry council used Airbnbs to house ‘‘vulnerable’’ teenage boy accused of rape – The Guardian
‘Judge accuses local authority of a ‘lackadaisical’ attitude to the 16-year-old’s care after regulated providers refused to give him a place.’
The Guardian, 2nd November 2023
Source: www.theguardian.com
Andy McDonald sues Tory MP who accused him of ‘seeking to justify’ Hamas atrocity – The Guardian
‘A suspended Labour MP is suing the Conservative MP Chris Clarkson, who accused him of “seeking to justify the murderous actions of Hamas” in the Israel-Hamas conflict.’
The Guardian, 3rd November 2023
Source: www.theguardian.com
Martha’s rule must be available 24/7, England’s patient safety commissioner says – The Guardian
‘Patients and relatives must be able to request second opinion from critical care team at any time of day or night, government told.’
The Guardian, 3rd November 2023
Source: www.theguardian.com
Betsi Cadwaladr: Woman dies after health board lost medical notes – BBC News
‘A woman died after medical notes referring her for further tests were lost by a health board, an inquest has heard.’
BBC News, 2nd November 2023
Source: www.bbc.co.uk
Online groomer who posed as teenage girl to abuse boys jailed – The Independent
‘A man who groomed boys online by posing as a teenage girl has been jailed, the National Crime Agency (NCA) has said.’
The Independent, 1st November 2023
Source: www.independent.co.uk
Ombudsman finds severe maladministration for Clarion in “tragic” noise case following death of resident who took his own life – Local Government Lawyer
‘The Housing Ombudsman has found severe maladministration for Clarion after its “lack of consideration” of a resident’s vulnerability when handling his complaints about noise led to him suffering over a nine-month period.’
Local Government Lawyer, 2nd November 2023
Source: www.localgovernmentlawyer.co.uk
Football fan convicted of racially abusing Rio Ferdinand – The Independent
‘A football fan has been convicted of racially abusing Rio Ferdinand at a Premier League match.’
The Independent, 1st November 2023
Source: www.independent.co.uk
Vicarious liability for abuse – Law Society’s Gazette
‘Can a school be vicariously liable for abuse perpetrated against a pupil by an adult on work experience? The Court of Appeal addressed this question in the above case and, unusually, overturned some of the findings of fact of the trial judge.’
Law Society's Gazette, 1st November 2023
Source: www.lawgazette.co.uk
CA confirms Ombudsman not “competent court” – Pensions Barrister
‘Judgment of the CA was handed down today in Pensions Ombudsman v CMG Pension Trustees Ltd. CA confirmed that the requirement in s.91(6) PA95 for trustees to obtain an order of “a competent court”, where their right to recoup overpaid benefits from future pension payments is disputed by the member, is not satisfied solely by a determination of the Ombudsman. This means that such a determination will require to be enforced by the county court on the application of the trustees. However, the Court rejected the respondent’s argument that the county court has a judicial role to play, and held that enforcement was purely an administrative matter to be carried out by a court officer, without the court considering the merits of the matter.’
Pensions Barrister, 1st November 2023
Source: www.pensionsbarrister.com
Council wins Court of Appeal battle over succession to property after mother entered care home – Local Government Lawyer
‘Dudley Metropolitan Borough Council has defeated an appeal by a resident who claimed she should have been able to succeed to her mother’s council house as – had her mother not had to enter a care home – she would have been resident there with her at the time of her death.’
Local Government Lawyer, 2nd November 2023
Source: www.localgovernmentlawyer.co.uk
