BAILII: Recent Decisions

Posted March 5th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Pipe v Coventry University Higher Education Corporation [2024] EWCA Civ 191 (04 March 2024)

Assethold Ltd v Eveline Road RTM Company Ltd [2024] EWCA Civ 187 (04 March 2024)

High Court (Administrative Court)

MP1, R (On the Application Of) v Secretary of State for Defence [2024] EWHC 410 (Admin) (04 March 2024)

High Court (Chancery Division)

Project Lietzenburger Strabe Holdco SARL, Re [2024] EWHC 468 (Ch) (04 March 2024)

High Court (Commercial Court)

NTT Ltd & Ors v Goodall [2024] EWHC 445 (Comm) (04 March 2024)

Source: www.bailii.org

Data case shows CAT claims are broadening – OUT-LAW.com

Posted March 5th, 2024 in competition, data protection, news by tracey

‘The type of claims being raised in opt-out collective proceedings before the UK’s Competition Appeal Tribunal (CAT) is broadening, with the CAT’s recent certification of a data-related claim the latest example of this trend.’

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OUT-LAW.com, 4th March 2024

Source: www.pinsentmasons.com

Judge rejects challenge to council declining to conduct EHC assessment – Local Government Lawyer

Posted March 5th, 2024 in local government, news, special educational needs, young persons by tracey

‘The High Court has rejected a challenge against a council’s decision not to undertake an education, health and care (EHC) needs assessment, after the local authority had expressed the view that the claimant was aged approximately 10 years older than his claimed age of 17.’

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Local Government Lawyer, 4th March 2024

Source: www.localgovernmentlawyer.co.uk

New laws to crack down on online prison content – Ministry of Justice

Posted March 5th, 2024 in media, news, prisons, video recordings by tracey

‘New laws will see harmful content filmed inside prisons removed from social media platforms more quickly – shielding victims from further trauma and protecting prison security.’

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Ministry of Justice, 4th March 2024

Source: www.gov.uk

Rapist who complained about lawyers sent counsel ‘thank you’ note – Legal Futures

Posted March 5th, 2024 in appeals, legal advice, news, rape by tracey

‘A man convicted of rape has lost an appeal that was based partly on the quality of legal advice, with evidence showing he actually sent his trial counsel a “thank you” card.’

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Legal Futures, 5th March 2024

Source: www.legalfutures.co.uk

It will soon be negligent not to use AI, Master of the Rolls predicts – Legal Futures

Posted March 5th, 2024 in artificial intelligence, legal advice, legal profession, negligence, news by tracey

‘The day is coming, and soon, when professionals and others will be legally on the hook for not using generative artificial intelligence (GenAI), the Master of the Rolls said yesterday.’

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Legal Futures, 5th March 2024

Source: www.legalfutures.co.uk

Far-right organiser found guilty of intent to stir up racial hatred through distribution of stickers – Crown Prosecution Service

Posted March 5th, 2024 in inciting racial hatred, news, sentencing by tracey

‘A far-right activist who set up an online library of racist stickers for supporters to download and put up in their area has been jailed.’

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Crown Prosecution Service, 4th March 2024

Source: www.cps.gov.uk

Companies required to make ‘lawful purpose’ declarations – Law Society’s Gazette

Posted March 5th, 2024 in company law, news, service, trade names by tracey

‘New powers for Companies House to query information and to require companies to give legitimate addresses come in to force under the Economic Crime and Corporate Transparency Act 2023 today. The new regime, aimed at curbing misues of the companies register, will also for the first time require people setting up companies to state that the business’ activities will be lawful.’

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Law Society's Gazette, 4th March 2024

Source: www.lawgazette.co.uk

‘Abusive’ conspiracy claim against top firms and lawyers thrown out – Law Society’s Gazette

Posted March 5th, 2024 in conspiracy, fraud, law firms, news by tracey

‘A litigant in person who alleged a conspiracy between two leading firms and a string of lawyers has had his claims thrown out by the High Court.’

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Law Society's Gazette, 5th March 2024

Source: www.lawgazette.co.uk

Three jailed after Redruth attack involving gun and hammer – BBC News

Posted March 5th, 2024 in attempted murder, burglary, firearms, news, sentencing, wounding by tracey

‘Three men have been jailed after a burglary and violent attack involving a shooting in Redruth.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk

Leeds man jailed for nightclub glass attack that left victim blind – BBC News

Posted March 5th, 2024 in grievous bodily harm, news, sentencing by tracey

‘A man has been jailed for 10 years and eight months for blinding a father-of-two in a “sickening” glass attack.’

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BBC News, 4th March 2024

Source: www.bbc.co.uk

EDF wind farm forced to pay £5.5m back to customers after overcharging grid – The Independent

Posted March 5th, 2024 in electricity, energy, financial regulation, licensing, news by tracey

‘A wind farm owned by EDF has been forced to pay £5.5 million into a fund designed to help vulnerable customers. The news comes after regulator Ofgem found that it had overcharged the grid.’

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The Independent, 4th March 2024

Source: www.independent.co.uk

Laurence Fox’s ‘misogynistic’ GB News rant about journalist Ava Evans broke Ofcom rules – The Independent

Posted March 5th, 2024 in complaints, media, news, women by tracey

‘Media watchdog Ofcom has ruled that Laurence Fox’s “misogynistic” comments about female journalist Ava Evans on Dan Wootton’s GB News show broke broadcasting rules which protect “viewers from offensive content”.’

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The Independent, 4th March 2024

Source: www.independent.co.uk

Wetherby: Teen girl restrained and stripped twice by male prison staff, inspectors say – BBC News

Posted March 5th, 2024 in news, prison officers, reports, restraint, self-harm, young offenders by tracey

‘A vulnerable girl in a young offenders institution twice had her clothes removed under restraint by an all-male team of prison officers, a report says.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 4th, 2024 in legislation by tracey

SI 2024/251 – The Carer’s Leave Regulations 2024

SI 2024/246 – The Non-Domestic Rating (Consequential and Other Amendments) (England) Regulations 2024

SI 2024/235 – The Service Address (Rectification of Register) Regulations 2024

SI 2024/234 – The Limited Liability Partnerships (Application of Company Law) Regulations 2024

SI 2024/233 – The Registered Office Address (Rectification of Register) Regulations 2024

Source: www.legislation.gov.uk

Affordability and suitability – getting the numbers right – Nearly Legal

Posted March 4th, 2024 in appeals, families, housing, local government, news by tracey

‘Ake v Lewisham Borough Council (2024) K40CL060 (Central London County Court 4 February 2024). This was a statutory appeal pursuant to section 204 of the Housing Act 1996 (‘the 1996 Act’), against a review decision made by Lewisham Borough Council on 27 February 2023. The issue on appeal was whether the review decision took an unlawful and/or unreasonable approach to the assessment of the affordability of accommodation it had secured for Ms Ake in Bow.’

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Nearly Legal, 3rd March 2024

Source: nearlylegal.co.uk

Landlords behaving badly corner – racial discrimination and harassment – Nearly Legal

‘Hickmet and Cheerz Express Limited v Dragos (Luton County Court, 19 January 2024). Ms Dragos was the assured shorthold tenant of Cheerz Express, with the tenancy beginning 1 June 2017. A depot of £1,100 was paid. The tenancy became a statutory periodic on 1 June 2018. A further fixed term tenancy began on 1 August 2018, then another statutory periodic on 1 August 2019. A notice seeking possession on grounds 8, 10 and 11 was served in November 2021, and a possession claim was issued in March 2022. Oddly, this was in the name of Mr Hickmet, who was the sole director of Cheerz Express Ltd, with Cheerz being added to the claim at a later stage. Mr Hickmet maintained up to trial that he had a “tenancy by estoppel”. This might be considered an early indicator that things weren’t going to go well for the landlord…’

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Nearly Legal, 3rd March 2024

Source: nearlylegal.co.uk

Police force reprimanded after incorrectly merging records of people with same name and date of birth – Local Government Lawyer

Posted March 4th, 2024 in data protection, local government, news, ombudsmen, police, victims by tracey

‘The Information Commissioner’s Office (ICO) has issued a reprimand to West Midlands Police (WMP) after the force “repeatedly” mixed up two people’s personal information.’

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Local Government Lawyer, 1st March 2024

Source: www.localgovernmentlawyer.co.uk

The Levelling-up and Regeneration Act 2023 – Local Government Lawyer

‘Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).’

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Local Government Lawyer, 29th March 2024

Source: www.localgovernmentlawyer.co.uk

Launch of the Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol – Courts & Tribunals Judiciary

‘The Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol comes into effect on 1 March 2024. It replaces the 2013 Protocol and Good Practice Model: disclosure of information in cases of alleged child abuse and care directions hearings.’

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Courts & Tribunals Judiciary, 1st March 2024

Source: www.judiciary.uk