Day: 22 January 2024
BAILII: Recent Decisions
Court of Appeal (Civil Division) Decisions
Commissioners for His Majesty’s Revenue and Customs v Arrbab [2024] EWCA Civ 16 (19 January 2024)
Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18 (19 January 2024)
Commission Recovery Ltd v Marks & Clerk LLP & Anor [2024] EWCA Civ 9 (18 January 2024)
Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15 (18 January 2024)
Mackenzie v Cheung & Anor [2024] EWCA Civ 13 (17 January 2024)
High Court (Administrative Court)
High Court (Chancery Division)
Akbar v Ghaffar & Anor [2024] EWHC 50 (Ch) (17 January 2024)
Nilsson & Anor v Iqbal & Anor [2024] EWHC 49 (Ch) (17 January 2024)
High Court (Commercial Court)
Border Timbers Ltd & Anor v Republic of Zimbabwe [2024] EWHC 58 (Comm) (19 January 2024)
High Court (Family Division)
NR, Re (A Child: Withholding CPR) [2024] EWHC 61 (Fam) (17 January 2024)
XZR, Re (Abduction: Hague Convention (Lithuania)) [2024] EWHC 64 (Fam) (17 January 2024)
B v N (No. 2) (Art 7 and Transfer of Jurisdiction) [2024] EWHC 17 (Fam) (16 January 2024)
High Court (King’s Bench Division)
Hart v Secretary of State for Education & Anor [2024] EWHC 44 (KB) (19 January 2024)
Clark & Ors v Adams & Anor [2024] EWHC 62 (KB) (19 January 2024)
Mir v Hussain & Ors [2024] EWHC 56 (KB) (17 January 2024)
Source: www.bailii.org
The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal
‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’
Nearly Legal, 21st January 2024
Source: nearlylegal.co.uk
Ruling confirms conditions for planning permission severability – OUT-LAW.com
‘A new ruling has confirmed that developers have limited scope to obtain retrospective changes to planning permission they have been granted to specify explicitly that the permission is “severable”, according to a planning law expert.’
OUT-LAW.com, 18th January 2024
Source: www.pinsentmasons.com
UK government AI report confirms decision on protection of copyright works – OUT-LAW.com
‘The UK government’s response to the House of Lords Culture, Media and Sport Committee’s report on AI and the creative industries confirms its position on striking a balance between encouraging AI innovation and protecting copyright works, an expert has said.’
OUT-LAW.com, 19th January 2024
Source: www.pinsentmasons.com
Robert Craig: The constitutional implications of legislating to exonerate the Post Office sub-postmasters – UK Constitutional Law Association
‘Some commentators have claimed that the decision to expedite the process of formally exonerating the sub-postmasters potentially runs afoul of certain core constitutional principles, in particular the separation of powers. It has also been claimed that the “crown does not have a prerogative of justice but only a prerogative of mercy”. This blog considers and challenges those claims.’
UK Constitutional Law Association, 16th January 2024
Source: ukconstitutionallaw.org
Long-term sustainability of civil legal aid in doubt, MoJ research finds – Legal Futures
‘There is “notable cause for concern” over the long-term sustainability of the civil legal aid sector, research commissioned by the Ministry of Justice has concluded.’
Legal Futures, 22nd January 2024
Source: www.legalfutures.co.uk
HMRC has not charged a single company over tax evasion under landmark legislation – The Guardian
‘HMRC has not charged a single company under landmark legislation passed six years ago to crack down on corporate tax evasion.’
The Guardian, 20th January 2024
Source: www.theguardian.com
Pair killed man then went shopping with his money – BBC News
‘A man and woman from Bradford have been jailed for life for murdering a vulnerable grandfather in his own home.’
BBC News, 22nd January 2024
Source: www.bbc.co.uk
BBC review: Ofcom to gain more powers over BBC News website – BBC News
‘Ofcom is to gain more powers over BBC online services, including the BBC News website, as part of a series of changes unveiled by the government.’
BBC News, 22nd January 2024
Source: www.bbc.co.uk
Online sex blackmailer who forced victim to abuse a seven-year-old jailed for 24 years – The Independent
‘An online sex blackmailer who subjected dozens of victims to “mental torture” – forcing them to film degrading sexual acts including the abuse of a seven-year-old girl – has been jailed for 24 years.’
The Independent, 20th January 2024
Source: www.independent.co.uk
Modern slavery in social care surging since visa rules eased – The Guardian
‘Modern slavery is surging in social care since ministers relaxed immigration rules to fill thousands of vacancies, with a growing wave of exploitation leading to workers being ripped off or living in squalor.’
The Guardian, 21st January 2024
Source: www.theguardian.com
Judge defines Monster Munch in bizarre ruling on Walkers’ poppadoms – The Independent
‘A judge has ruled that Walkers’ poppadoms are crisps rather than the popular Indian food, as the company lost at a tax tribunal.’
The Independent, 21st January 2024
Source: www.independent.co.uk
UK medics told not to report illegal abortions to police – The Guardian
‘Medical staff in the UK should not report women to the police if they believe their patients may have illegally ended their own pregnancy, a professional body has said. The Royal College of Obstetricians and Gynaecologists (RCOG) has said it is never in the public interest to report women who have abortions to law enforcement agencies, according to the BBC.’
The Guardian, 22nd January 2024
Source: www.theguardian.com