BAILII: Recent Decisions

Posted June 20th, 2024 in law reports by tracey

Supreme Court

Finch (Weald Action Group), R. (on the application of) v Surrey County Council & Ors [2024] UKSC 20 (20 June 2024)

Mueen-Uddin v Secretary of State for the Home Departments [2024] UKSC 21 (20 June 2024)

Court of Appeal (Civil Division)

D and A (Fact-Finding : Research Literature) [2024] EWCA Civ 663 (19 June 2024)

Clark & Anor v Chief Constable of Derbyshire Constabulary & Ors [2024] EWCA Civ 676 (19 June 2024)

Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Ltd [2024] EWCA Civ 639 (18 June 2024)

High Court (Administrative Court)

Donald, R. (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1492 (Admin) (19 June 2024)

Stojcevic v County Court Of Osijek, Croatia [2024] EWHC 1477 (Admin) (18 June 2024)

High Court (Chancery Division)

Uconinvest LLC v Jysan Holding LLC & Ors (Re Jusan Technologies Ltd) [2024] EWHC 1532 (Ch) (20 June 2024)

The Lakes Distillery Company PLC, In the Matter Of (Re Companies Act 2006) [2024] EWHC 1535 (Ch) (20 June 2024)

SwissIndependent Trustees SA v Sofer & Ors [2024] EWHC 1543 (Ch) (20 June 2024)

29 Buckland Crescent Management Company Ltd v White [2024] EWHC 1480 (Ch) (19 June 2024)

High Court (Commercial Court)

Terna Energy Trading doo v Revolut Ltd (Re Consequential Matters) [2024] EWHC 1524 (Comm) (18 June 2024)

High Court (Family Division)

BR v SN [2024] EWHC 1512 (Fam) (13 June 2024)

High Court (Patents Court)

Salts Healthcare Ltd v Pelican Healthcare Ltd [2024] EWHC 1539 (Pat) (20 June 2024)

High Court (King’s Bench Division)

Prospect v Evans [2024] EWHC 1533 (KB) (20 June 2024)

Abram & Ors v Union des Associations Europeennes de Football & Anor [2024] EWHC 1518 (KB) (18 June 2024)

LN v Blackpool Teaching Hospitals NHS Foundation Trust [2024] EWHC 1478 (KB) (18 June 2024)

Source: www.bailii.org

Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection? – Mental Capacity Law and Policy

‘In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others. His discomfort arose from the fact that the local authority was having to have recourse to the Court of Protection to respond to a situation where the man in question was posing a (largely self-reported, but on the face of it non-trivial) sexual threat to others, but whether neither mental health services nor the criminal justice system could respond.’

Full Story

Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

A view from the Bar: Agricultural Landlord and Tenant Code of Practice for England – practical considerations for litigators – Tanfield Chambers

‘The Agricultural Landlord and Tenant Code of Practice for England was launched on the 8 April 2024, and has been endorsed by numerous organisations across the agricultural sector. Whilst the Code will be of interest to all of those involved with agricultural tenancies, this article, written by Annie Higgo, focuses in particular on the predicted areas of impact that the Code will have for litigators.’

Full Story

Tanfield Chambers, 20th May 2024

Source: www.tanfieldchambers.co.uk

Housing association defeats High Court claim for wrongful eviction – Local Government Lawyer

Posted June 20th, 2024 in evidence, housing, news, repossession by sally

‘A tenant who alleged wrongful eviction by Clarion Housing Association has lost a High Court action in which His Honour Judge Simpkiss said he could not rely on any evidence given by the claimant unless backed up by “some other solid evidence”.’

Full Story

Local Government Lawyer, 20th June 2024

Source: www.localgovernmentlawyer.co.uk

Woman who sued therapist for sexual assault wins £217,000 damages – The Guardian

Posted June 20th, 2024 in damages, negligence, news, personal injuries, prosecutions, rape by sally

‘A woman who claimed she was raped by a therapist who said penetration could help ease her trauma has been awarded more than £200,000 in damages in a high court ruling after she sued him over the alleged assaults.’

Full Story

The Guardian, 19th June 2024

Source: www.theguardian.com

Gang made millions selling fake Xanax pills on dark web – BBC News

‘A drugs gang produced millions of counterfeit Xanax pills in garden sheds and garages, selling them to customers across the UK and US.’

Full Story

BBC News, 19th June 2024

Source: www.bbc.co.uk

Risk-taking, best interests and health and welfare deputies – Mental Capacity Law and Policy

‘AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative way”, and the local authority responsible for his care and placement in a supported living placement. His mother, who described how she had moved away from South Yorkshire some years previously, having experienced harassment, wished him to move to south west England to live with her; Sheffield City Council resisted this.’

Full Story

Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Landmark ruling could threaten future UK oil drilling – BBC News

Posted June 20th, 2024 in climate change, local government, news, oil wells, planning, Supreme Court by sally

‘The Supreme Court has ruled a local council should have considered the full climate impact of burning oil from new wells – a landmark decision that could put future UK oil and gas projects in question.’

Full Story

BBC News, 20th June 2024

Source: www.bbc.co.uk

Judge rejects housing claim brought by refugee against council and Home Secretary – Local Government Lawyer

‘A Sudanese refugee has failed in a High Court case brought against the London Borough of Haringey over whether he should have been found accommodation and against the Home Office over how it gives notice of the cessation of their asylum support.’

Full Story

Local Government Lawyer, 19th June 2024

Source: www.localgovernmentlawyer.co.uk

Solicitor fired after announcing pregnancy awarded £26k damages – Legal Futures

‘A solicitor has been awarded damages of £26,475 after her law firm withdrew an offer of promotion and four weeks later summarily dismissed her because she was pregnant’

Full Story

Legal Futures, 20th June 2024

Source: www.legalfutures.co.uk

Finance Act 2024 – new lump sum rules – Pensions Barrister

Posted June 20th, 2024 in income tax, news, pensions by sally

‘Philip Simpson KC and Rebecca Sheldon of Old Square Tax Chambers have written an article on the new lump sum rules, and in particular the rules on pension commencement lump sums.’

Full Story

Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com

The meaning of ‘deliberately absent’ – Law Society’s Gazette

‘In extradition proceedings, questions may arise relating to the requested person’s purported deliberate absence from a criminal trial. In March, the UK Supreme Court (UKSC) handed down two decisions which clarify important tests to be met in these circumstances.’

Full Story

Law Society's Gazette, 14th June 2024

Source: www.lawgazette.co.uk

Vos: AI will redefine contours of professional negligence – Legal Futures

Posted June 20th, 2024 in artificial intelligence, legal profession, negligence, news by sally

‘Professional negligence lawyers need to grapple with the question of whether it is negligent to use – or not to use – artificial intelligence (AI), the Master of the Rolls has said.’

Full Story

Legal Futures, 20th June 2024

Source: www.legalfutures.co.uk

Husband guilty of conspiracy to murder shopkeeper wife in 1981 – The Independent

Posted June 20th, 2024 in conspiracy, married persons, murder, news by sally

‘A man has been found guilty of conspiracy to murder his wife over 40 years ago after being accused of hiring a hitman.’

Full Story

The Independent, 19th June 2024

Source: www.independent.co.uk

Acid offences up 75% in UK but only 8% go to court, data suggests – The Guardian

Posted June 20th, 2024 in assault, hazardous substances, news, prosecutions, statistics by sally

‘Acid attacks and other offences involving corrosive substances in the UK have risen by 75% in a year but only 8% of cases led to criminal charges or a summons, figures suggest.’

Full Story

The Guardian, 20th June 2024

Source: www.theguardian.com

More changes to the EU Settlement Scheme – Kingsley Napley Immigration Law Blog

Posted June 20th, 2024 in brexit, government departments, immigration, news, time limits by sally

‘A series of changes to the EU Settlement Scheme have resulted from the February 2023 High Court judgement in the Independent Monitoring Authority (IMA) case. The judgement said that in accordance with the Withdrawal Agreement when the UK left the EU, pre-settled status holders do not lose their residency right upon failure to make an application for settled status before their pre-settled status expires.’

Full Story

Kingsley Napley Immigration Law Blog, June 2024

Source: www.kingsleynapley.co.uk

Chris McCorkindale and Aileen McHarg: The Territorial Constitution and the 2024 UK General Election – UK Constitutional Law Association

‘The Liberal Democrat, Conservative and Labour manifestos offer markedly different visions for the future of devolution in Scotland, Wales and Northern Ireland after the 2024 UK General Election . At one extreme, the Liberal Democrats offer fundamental constitutional reform. If elected, they have promised to “transfer greater powers away from Westminster and Whitehall” by “[strengthening] the voices of England, Wales, Scotland and Northern Ireland” as part of a “written constitution for a federal United Kingdom”. They would, inter alia, “complete” the further devolution of powers set out in the Smith and Silk Commissions, strengthen mechanisms for intergovernmental working and dispute resolution, and remove the ability of the UK Parliament unilaterally to amend devolved competence or legislate in devolved areas. At the other extreme, the Conservative Party manifesto marks the end of the road for the further devolution of powers or the deeper entrenchment of devolved institutions. The devolved governments, they say, “now have the right balance of powers to deliver for the people [of Scotland, Wales and Northern Ireland]”. The Conservative Party’s focus therefore falls on holding the devolved governments responsible for their performance, making devolved governments more accountable within the devolved legislatures, encouraging the decentralisation of power away from Holyrood, Cardiff Bay and Stormont, and strengthening the role, powers and visibility of the UK Government, including in devolved areas.’

Full Story

UK Constitutional Law Association, 20th June 2024

Source: ukconstitutionallaw.org

Laws and practices on asylum must resist politics of fear and exclusion – EIN Blog

Posted June 20th, 2024 in asylum, human rights, international law, news, refugees by sally

‘Across the world many countries and communities are providing courageous examples of welcoming refugees, showing how the right to seek asylum can be guaranteed and implemented in ways that empower refugees and enable them to contribute fully to their host communities.’

Full Story

EIN Blog, 19th June 2024

Source: www.ein.org.uk

Prisons in England and Wales will be at ‘breaking point’ in July, governors told – The Guardian

Posted June 20th, 2024 in news, police, prisons, sentencing by sally

‘Prison governors have been warned that jails will be so overcrowded by the second week of July that they will struggle to accept any more inmates, plunging an incoming government into an immediate crisis.’

Full Story

The Guardian, 20th June 2024

Source: www.theguardian.com

How a love affair led to a murderous plot – BBC News

Posted June 20th, 2024 in conspiracy, married persons, murder, news by sally

‘For more than four decades, Allen Morgan thought he had got away with a murderous plot. But he had not banked on cold case detectives knocking on the door of a witness, back then a teenager, who told officers she had “been waiting for you to come see me for 40 years”. How was the conspiracy behind the killing of a shopkeeper uncovered and will the actual attacker ever be caught?’

Full Story

BBC News, 20th June 2024

Source: www.bbc.co.uk