Newport loan shark, 83, ordered to repay £173,000 – BBC News
‘An 83-year-old loan shark has been ordered to pay more than £173,000.’
BBC News, 29th April 2024
Source: www.bbc.co.uk
Month: April 2024
Met Police officer who punched medical worker after mistaking him for suspect avoids jail – The Independent
‘A serving Metropolitan Police officer who assaulted an innocent man after mistaking him for a criminal has been spared jail.’
The Independent, 29th April 2024
Source: www.independent.co.uk
‘Indefensible’: UK prisoner jailed for 23 months killed himself after being held for 17 years – The Guardian
‘A senior coroner has condemned the “inhumane” and “indefensible” treatment of a man who killed himself 17 years into an indefinite prison sentence. Tom Osborne, the senior coroner for Milton Keynes, said Scott Rider had given up all hope of release before he took his own life at HMP Woodhill in June 2022.’
The Guardian, 28th April 2024
Source: www.theguardian.com
Breaches of natural justice are frequently raised but rarely accepted in adjudication enforcement – Gatehouse Chambers
‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’
Gatehouse Chambers, 17th April 2024
Source: gatehouselaw.co.uk
AI and Climate Change – 39 Essex Chambers
‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’
39 Essex Chambers, 19th April 2024
Source: www.39essex.com
Not at home alone, but intending to return – Nearly Legal
‘Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch). An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal home.’
Nearly Legal, 28th April 2024
Source: nearlylegal.co.uk
JCT D&B contract 2024 clarifies treatment of liquidated damages at termination – OUT-LAW.com
‘The recently published update by the Joint Contracts Tribunal (JCT) clarifies treatment of liquidated damages at termination and brings the new design and build form in line with other contract types used within the UK construction sector, an expert has said.’
OUT-LAW.com, 26th April 2024
Source: www.pinsentmasons.com
Anti-suit injunction issued by English court to halt Russian proceedings – OUT-LAW.com
‘A ruling requiring a Gazprom entity, RusChemAlliance (RCA), to bring an end to litigation proceedings in Russia was upheld by the UK Supreme Court on Tuesday, in a complex case that has raised questions relating to the jurisdiction of courts and the interpretation of arbitration agreements.’
OUT-LAW.com, 23rd April 2024
Source: www.pinsentmasons.com
Government backs amendment to better protect victims’ counselling records – Ministry of Justice
‘New legislation will provide extra protections for victims’ counselling notes during criminal investigations.’
Ministry of Justice, 23rd April 2024
Source: www.gov.uk
Investigatory powers enhanced to keep people safer – Home Office
‘New laws to protect our citizens from threats such as terrorism and child sexual abuse have been passed as part of an update to the Investigatory Powers Act 2016.’
Home Office, 25th April 2024
Source: www.gov.uk
Court shows mercy on application three minutes before deadline – Law Society’s Gazette
‘A litigant has been allowed an extension by the High Court after applying for it three minutes before the court deadline.’
Law Society's Gazette, 26th April 2024
Source: www.lawgazette.co.uk
Former administrators have standing to apply for additional remuneration but application dismissed (Frost and another v The Good Box Co Labs Limited and others) – Gatehouse Chambers
‘Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding that they had standing to bring the application itself.’
Gatehouse Chambers, 19th April 2024
Source: gatehouselaw.co.uk
Everton’s Appeal Provides Sanction Guidance – 3 Hare Court
‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’
3 Hare Court. 11th March 2024
Source: www.3harecourt.com
Recent Statutory Instruments – legislation.gov.uk
SI 2024/559 – The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2024
SI 2024/558 – The Exotic Disease (Amendment) (England) Order 2024
SI 2024/555 – The Mutual Societies (Transfers of Business) (Tax) (Amendment) Regulations 2024
SI 2024/562 – The Armed Forces Act 2016 (Commencement No. 4) Regulations 2024
SI 2024/569 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2024
SI 2024/568 – The Judicial Review and Courts Act 2022 (Commencement No. 6) Regulations 2024
SI 2024/563 – The Customs (Tariff and Miscellaneous Amendments) (No. 2) Regulations 2024
Source: www.legislation.gov.uk
Insight and ‘conduct fundamentally incompatible with continued registration’: PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin) – 2 Hare Court
‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
BAILII: Recent Decisions
Supreme Court
Court of Appeal (Civil Division)
Mitchell & Anor v Al Jaber [2024] EWCA Civ 423 (26 April 2024)
W (A Child), In the Matter Of (Inflicted Injury – Delay) [2024] EWCA Civ 418 (26 April 2024)
P and E (Care Proceedings: Whether to Hold Fact-Finding Hearing) [2024] EWCA Civ 403 (26 April 2024)
Sherman & Anor v Reader Offers Ltd [2024] EWCA Civ 412 (26 April 2024)
Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024)
Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405 (24 April 2024)#
Court of Appeal (Criminal Division)
AIB, R. v [2024] EWCA Crim 422 (26 April 2024)
Newman, R. v [2024] EWCA Crim 415 (18 April 2024)
High Court (Administrative Court)
Dablewski v Regional Court in Lublin, Poland [2024] EWHC 957 (Admin) (25 April 2024)
High Court (Chancery Division)
Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 975 (Ch) (26 April 2024)
Transwaste Recycling And Aggregates Ltd, Re [2024] EWHC 970 (Ch) (26 April 2024)
West v Churchill & Anor [2024] EWHC 940 (Ch) (26 April 2024)
Walker v Somboonsarn [2024] EWHC 919 (Ch) (26 April 2024)
High Court (Commercial Court)
Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm) (26 April 2024)
Upham & Ors v HSBC UK Bank PLC (Rev1) [2024] EWHC 849 (Comm) (26 April 2024)
High Court (Family Division)
EBK v DLO (Permission for Further Contempt Application) [2024] EWHC 984 (Fam) (26 April 2024)
NR (A Child: Withdrawal of Life Sustaining Treatment), Re [2024] EWHC 910 (Fam) (23 April 2024)
High Court (Patents Court)
Advanced Cell Diagnostics, Inc v Molecular Instruments, Inc [2024] EWHC 898 (Pat) (23 April 2024)
High Court (King’s Bench Division)
Rofail v Hassanin [2024] EWHC 964 (KB) (25 April 2024)
Blake & Anor v Fox [2024] EWHC 956 (KB) (25 April 2024)
Hale-Byrne v Secretary of State for Business And Trade & Anor [2024] EWHC 942 (KB) (24 April 2024)
High Court (Technology and Construction Court)
Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC) (25 April 2024)
Lloyds Developments Ltd v Accor HotelServices UK Ltd [2024] EWHC 941 (TCC) (24 April 2024)
Source: www.bailii.org
Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers
‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’
Gatehouse Chambers, 22nd April 2024
Source: gatehouselaw.co.uk
Reading terror stabbings ‘probably avoidable’, inquest concludes – The Independent
‘A coroner has ruled the deaths of three people in the Reading terror attack were ”probably avoidable” as he delivered his conclusion following an inquest at the Old Bailey on Friday.’
The Independent, 27th April 2024
Source: www.independent.co.uk
Edith Thompson: CCRC told to revisit hanged woman’s pardon case – BBC News
‘A panel has been told to re-examine the case of a woman hanged for the murder of her husband, two months after it rejected a bid for her to be pardoned.’
BBC News, 27th April 2024
Source: www.bbc.co.uk
