10/06/2024 – Current Awareness

BAILII: Recent Decisions

Posted June 10th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Bin Obaid & Ors v Al-Hezaimi [2024] EWCA Civ 612 (07 June 2024)

Court of Appeal (Criminal Division)

Ambrose, R. v [2024] EWCA Crim 632 (05 June 2024)

Richards, R. v [2024] EWCA Crim 631 (24 May 2024)

Integrity, R. v [2024] EWCA Crim 620 (23 May 2024)

Hunt, R. v [2024] EWCA Crim 629 (23 May 2024)

High Court (Administrative Court)

Refugee and Migrant Forum of Essex and London (RAMFEL) & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1374 (Admin) (07 June 2024)

Berko v United States of America [2024] EWHC 1392 (Admin) (07 June 2024)

Logie, R (On the Application Of) v Crown Court at Birmingham [2024] EWHC 1397 (Admin) (07 June 2024)

Vasile v Brad City Court, Romania [2024] EWHC 1262 (Admin) (07 June 2024)

Director of Public Prosecutions v Barton [2024] EWHC 1350 (Admin) (07 June 2024)

Black, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 1376 (Admin) (07 June 2024)

Care North East Northumberland, R (On the Application Of) v Northumberland County Council [2024] EWHC 1370 (Admin) (06 June 2024)

Karim, R (On the Application Of) v Upper Tribunal (Immigration and Asylum Chamber) [2024] EWHC 1368 (Admin) (06 June 2024)

GH, R (on the application of) v The Mayor of London [2024] EWHC 1305 (Admin) (05 June 2024)

Ratajewski v Polish Judicial Authority [2024] EWHC 1359 (Admin) (05 June 2024)

ECPAT UK (Every Child Protected Against Trafficking), R (On the Application Of) v Kent County Council [2024] EWHC 1353 (Admin) (05 June 2024)

Huzniak v Polish Judicial Authority [2024] EWHC 1355 (Admin) (05 June 2024)

High Court (Chancery Division)

Seneschall v Trisant Foods Ltd & Ors [2024] EWHC 1380 (Ch) (07 June 2024)

High Court (Commercial Court)

AerCap Ireland Capital Designated Activity Company & Ors v PJSC Insurance Company Universalna & Ors (Re Ukrainian Aircraft Operator Policy Claims (Jurisdiction Applications)) [2024] EWHC 1365 (Comm) (06 June 2024)

Tomic & Anor v Residences By Damoor Ltd & Anor [2024] EWHC 1348 (Comm) (05 June 2024)

High Court (King’s Bench Division)

IPE Marble Arch Ltd v Moran [2024] EWHC 1375 (KB) (07 June 2024)

Cavanaugh v Folsana Pressed Sections Ltd [2024] EWHC 1381 (KB) (07 June 2024)

Alison Healey (Widow And Executrix of the Estate of Simon Andrew Healey, Deceased) v Mr Daniel McgRath [2024] EWHC 1360 (KB) (07 June 2024)

Price v Marston’s PLC [2024] EWHC 1352 (KB) (07 June 2024)

Harrison v Cameron & Anor [2024] EWHC 1377 (KB) (07 June 2024)

JWS v JZX [2024] EWHC 1345 (KB) (06 June 2024)

PXT v (A Child by her Mother and Litigation Friend, AXD) v Atere-Roberts [2024] EWHC 1372 (KB) (06 June 2024)

Source: www.bailii.org

Revocation of sponsor licence without providing a meaningful opportunity to respond is unlawful – EIN Blog

Posted June 10th, 2024 in employment, government departments, immigration, judicial review, licensing, news, visas by tracey

‘R (New Hope Care Ltd) v Secretary of State for the Home Department [2024] EWHC 1270 (Admin) (24 May 2024). In these judicial review proceedings, David Pievsky KC held that the SSHD’s decision to revoke New Hope Care Ltd’s sponsor licence without first providing it a meaningful opportunity to respond was unlawful. It was inconsistent with published policy, contrary to legitimate expectation, and procedurally unfair at common law. New Hope Care is a large business which provides care services to individuals in need.’

EIN Blog, 10th June 2024

Source: www.ein.org.uk

Suitability, reports in Family proceedings, and termination of existing accommodation – Nearly Legal

Posted June 10th, 2024 in appeals, children, families, family courts, homelessness, housing, landlord & tenant, local government, news by tracey

‘Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314. This was a second appeal to the court of appeal from a s.204 appeal of a decision on suitability of accommodation offered to Mr Querino in discharge of homeless duty.’

Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Homelessness eligibility and the Withdrawal Agreement – two (contradictory) appeals – Nearly Legal

Posted June 10th, 2024 in appeals, brexit, county courts, homelessness, housing, immigration, landlord & tenant, local government, news by tracey

‘C v Oldham Council: Hynek v LB Islington. Central London County Court 24 May 2024. These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union,) on eligibility for housing assistance/homeless duties.’

Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

IP addresses ruled floating charge under loan security agreement – OUT-LAW.com

Posted June 10th, 2024 in floating charges, insolvency, internet, loans, news by tracey

‘Lenders should be aware that despite their static nature, IP addresses have been classified as floating charge assets under a loan security agreement by a recent decision of the High Court of England and Wales. There are legal and practical considerations for lenders and their advisers when securing digital assets, following the ruling.’

OUT-LAW.com, 7th June 2024

Source: www.pinsentmasons.com

Stephen Tierney: The Post Office (Horizon System) Offences Act 2024: Necessary remedy or unwarranted interference with judicial independence? – UK Constitutional Law Association

Posted June 10th, 2024 in bills, computer programs, constitutional law, courts, criminal justice, fraud, judiciary, miscarriage of justice, news, parliament, postal service by tracey

‘For the first time, by way of the Post Office (Horizon System) Offences Act (“the Act”), Parliament has legislated to quash criminal convictions. In this post I will argue that, no matter how understandable, indeed laudable, the intention behind this legislation, in its haste to offer a speedy and comprehensive correction to mass injustice, Parliament has crossed a constitutional line and ventured into territory that is properly the preserve of the courts.’

UK Constitutional Law Association , 3rd June 2024

Source: ukconstitutionallaw.org

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

Posted June 10th, 2024 in appeals, autism, children, disability discrimination, disabled persons, education, equality, families, local government, news, school children, tribunals by tracey

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Interim relief in age assessment cases – Local Government Lawyer

Posted June 10th, 2024 in asylum, children, immigration, judicial review, local government, news, young persons by tracey

‘The Upper Tribunal recently considered the correct approach to interim relief in age assessment cases. Joshua Swirsky analyses the ruling.’

Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Why don’t facts always seem to matter? – Local Government Lawyer

Posted June 10th, 2024 in children, families, family courts, news by tracey

‘Stephen Williams looks at the importance of the welfare analysis in public law proceedings being objectively fair.’

Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Carr urges KCs to give juniors oral advocacy opportunities – Legal Futures

Posted June 10th, 2024 in advocacy, barristers, diversity, judges, judiciary, news, professional conduct by tracey

‘The Lady Chief Justice has urged senior barristers to give their junior counsel chances to speak in court, both for their own development and the future diversity of the judiciary.’

Legal Futures, 10th June 2024

Source: www.legalfutures.co.uk

SRA “has gone too far” with demands in SLAPPs guidance – Legal Futures

Posted June 10th, 2024 in defamation, news, professional conduct, solicitors, Solicitors Regulation Authority by tracey

‘The Solicitors Regulation Authority’s (SRA) guidance on SLAPPs may go too far in requiring practitioners to ascertain the truth of their client’s case, a senior barrister has suggested.’

Legal Futures, 10th June 2024

Source: www.legalfutures.co.uk

Independent UK retailers claim £1bn damages against Amazon – The Guardian

Posted June 10th, 2024 in class actions, competition, damages, data protection, news by tracey

‘Independent UK retailers have launched the biggest ever retail class action with a £1bn claim for damages against Amazon, which they allege has been pushing them out of its online marketplace.’

The Guardian, 7th June 2024

Source: www.theguardian.com

Illegal street trader fined for second time this year – BBC News

Posted June 10th, 2024 in fines, food, news, sale of goods by tracey

‘A street trader fined for illegally selling food out of a van was prosecuted again for doing the same thing days after his case was heard in court.’

BBC News, 10th June 2024

Source: www.bbc.co.uk

‘Inequity’ in prison mental health care – coroner – BBC News

Posted June 10th, 2024 in coroners, delay, hospitals, inquests, mental health, news, prisons, suicide by tracey

‘Prisoners with mental health emergencies face “inequity” in the way they are treated, a coroner has said.’

BBC News, 9th June 2024

Source: www.bbc.co.uk

The struggle for justice in one English town – BBC News

Posted June 10th, 2024 in criminal justice, Crown Court, delay, grievous bodily harm, Ministry of Justice, news, statistics by tracey

‘The backlog of Crown Court cases in England and Wales is close to a record high – more than a quarter have now been open for over a year. In West Mercia, which covers a large part of the West Midlands and the counties bordering Wales, on average nearly 18 months pass between an incident occurring and a jury reaching a verdict. But many people have been waiting a lot longer for justice.’

BBC news, 10th June 2024

Source: www.bbc.co.uk

High court rules Home Office acted unlawfully over visa documents – The Guardian

Posted June 10th, 2024 in charities, documents, government departments, immigration, news, visas by tracey

‘The Home Office is facing a new Windrush-style scandal after a landmark high court ruling found that the home secretary acted unlawfully by failing to provide documents to thousands of migrants proving they are here legally.’

The Guardian, 8th June 2024

Source: www.theguardian.com

University of Bolton’s proposed name change triggers legal feud with rivals – The Guardian

Posted June 10th, 2024 in names, news, universities by tracey

‘A bitter legal dispute has broken out between universities in the north-west of England over Bolton’s efforts to rename itself as the University of Greater Manchester despite the objections of its regional rival.’

The Guardian, 6th June 2024

Source: www.theguardian.com

Non-binary Saudi influencer denied asylum in UK because officials ‘don’t believe they are really LGBT+’ – The Independent

Posted June 10th, 2024 in asylum, equality, harassment, homosexuality, immigration, news, Saudi Arabia by tracey

‘A non-binary social media influencer fleeing persecution in Saudi Arabia has been denied asylum in the UK because officials allegedly don’t believe they are really LGBT+.’

The Independent, 9th June 2024

Source: www.independent.co.uk

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