More transparency? Or naming and shaming? The FCA’s proposed new approach to enforcement – Mountford Chambers

‘Fatima Jama explores the FCA’s proposed new approach to enforcement and increasing the transparency of investigations.’

Full Story

Mountford Chambers, 2nd May 2024

Source: www.mountfordchambers.com

BAILII: Recent Decisions

Posted June 17th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

JTI Acquisition Company (2011) Ltd v Commissioners for His Majesty’s Revenue and Customs [2024] EWCA Civ 652 (13 June 2024)

Thomas, R (On the Application Of) v Judicial Appointments Commission [2024] EWCA Civ 665 (13 June 2024)

Commercial Bank of Dubai PSC & Ors v Al Sari & Ors [2024] EWCA Civ 643 (12 June 2024)

Court of Appeal (Criminal Division)

BJK, R. v [2024] EWCA Crim 667 (14 June 2024)

Seed & Ors, R. v [2024] EWCA Crim 650 (13 June 2024)

Gould, R. v [2024] EWCA Crim 669 (06 June 2024)

High Court (Administrative Court)

Botka v Romanian Judicial Authority (Rev1) [2024] EWHC 1332 (Admin) (14 June 2024)

MCML Ltd & Anor, R (On the Application Of) v Southwark Crown Court (Re Permission to Appeal Application) [2024] EWHC 1470 (Admin) (14 June 2024)

Khan v GMC [2024] EWHC 1330 (Admin) (14 June 2024)

ZR v London Borough of Haringey & Anor [2024] EWHC 1476 (Admin) (14 June 2024)

Moore v Criminal Court No 4 In Malaga, Spain [2024] EWHC 1458 (Admin) (13 June 2024)

Wisniewski v Regional Court of Torun, Poland [2024] EWHC 1461 (Admin) (13 June 2024)

Miernik v Sad Okregowy III Criminal Division in Kielce, Poland [2024] EWHC 1457 (Admin) (13 June 2024)

Linear Investments Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2024] EWHC 1428 (Admin) (13 June 2024)

The Chief Constable of Thames Valley Police, R (On the Application Of) v A Legally Qualified Chair [2024] EWHC 1454 (Admin) (13 June 2024)

Grimm v Government of USA [2024] EWHC 1460 (Admin) (13 June 2024)

Goldstein v The Court of Caltanissetta Italy [2024] EWHC 1459 (Admin) (13 June 2024)

High Court (Chancery Division)

Rutland Lodge (Petersham) Management Company Ltd v Benjamin & Anor [2024] EWHC 1429 (Ch) (14 June 2024)

easyGroup Ltd v Beauty Perfectionists Ltd & Ors [2024] EWHC 1441 (Ch) (13 June 2024)

High Court (Commercial Court)

Patel v Patel [2024] EWHC 1412 (Comm) (14 June 2024)

JP Morgan International Finance Ltd v WEREALIZE.COM Ltd [2024] EWHC 1437 (Comm) (13 June 2024)

Exporien Mining Private Limited Company v Aggreko International Projects Ltd [2024] EWHC 1463 (Comm) (13 June 2024)

High Court (Family Division)

G and H, Re (Children: Return to Ghana) [2024] EWHC 1453 (Fam) (14 June 2024)

High Court (King’s Bench Division)

Invenia Technical Computing Corporation & Anor v Hudson [2024] EWHC 1481 (KB) (14 June 2024)

Tesco Stores Ltd v Mouradi [2024] EWHC 1466 (KB) (14 June 2024)

Jarvis v Metro Taxis Ltd [2024] EWHC 1452 (KB) (14 June 2024)

Taylor v Pathe Productions Ltd & Ors [2024] EWHC 1475 (KB) (14 June 2024)

Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB) (14 June 2024)

A v B [2024] EWHC 1400 (KB) (14 June 2024)

Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) (13 June 2024)

BW Legal Services Ltd v Trustpilot A/S [2024] EWHC 1449 (KB) (12 June 2024)

Source: www.bailii.org

Business backed in withholding data in subject access request response – OUT-LAW.com

Posted June 17th, 2024 in data protection, disclosure, news, telecommunications, third parties by tracey

‘A court has rejected a bid by a prominent UK businessman to force a gardening company he engaged with to disclose the identity of people given access to recordings of conversations he had with the gardening company’s owner.’

Full Story

OUT-LAW.com, 14th June 2024

Source: www.pinsentmasons.com

Amazon faces fresh CAT claims over marketplace practices – OUT-LAW.com

Posted June 17th, 2024 in class actions, competition, damages, news by tracey

‘Amazon faces two new class action-style claims in the UK over alleged anti-competitive practices that those bringing the claims say have negatively impacted third-party sellers that use the company’s online marketplace.’

Full Story

OUT-LAW.com, 17th June 2024

Source: www.pinsentmasons.com

Clash Averted: Nealon and Hallam v United Kingdom and the Presumption of Innocence – Constitutional Law Association

‘On 11 June 2024, the Grand Chamber of the European Court of Human Rights handed down its judgment in Nealon and Hallam v United Kingdom. The case is important for two reasons: firstly, because it provides a long-awaited clarification of the law relating to the presumption of innocence under Article 6 of the Convention; secondly, because it allows Strasbourg to perform a “return shot” after UK courts were very hostile to its earlier judgments on this issue.’

Full Story

Constitutional Law Association, 13th June 2024

Source: ukconstitutionallaw.org

Challenge to JAC ‘secret soundings’ to go ahead – Legal Futures

‘A district judge who argues that applicants for judicial appointment should be told of negative comments about them in confidential references will get to put her case to the High Court.’

Full Story

Legal Futures, 17th June 2024

Source: www.legalfutures.co.uk

AI in the family justice system: report published by Nuffield Family Justice Observatory – Family Law

Posted June 17th, 2024 in artificial intelligence, families, family courts, news by tracey

‘The Nuffield Family Justice Observatory has published a briefing paper to prompt discussion and reflection about how artificial intelligence (AI) could potentially improve experiences for families and professionals using or involved with the family justice system. It also outlines the challenges and risks involved, and the governance required for safe usage.’

Full briefing paper

Full Story

Family Law, 11th June 2024

Source: www.familylaw.co.uk

Firm showed a ‘lackadaisical’ approach to breach of contract – Law Society’s Gazette

Posted June 17th, 2024 in contracts, costs, indemnities, law firms, news, solicitors, wasted costs orders by tracey

‘A Slough firm is facing a wasted costs order after it showed a “lackadaisical” approach to a breach of contract claim it was instructed in, a court has heard.’

Full Story

Law Society's Gazette, 17th June 2024

Source: www.lawgazette.co.uk

A Brilliantly Logical Approach to Dealing with Pensions – Financial Remedies Journal

‘SP v AL [2024] EWFC 72(B). In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.’

Full Story

Financial Remedies Journal, 13th June 2024

Source: financialremediesjournal.com

Teacher given life ban after having sex with pupil – BBC News

‘A teacher who repeatedly had sex with a vulnerable 16-year-old pupil has been told by a judge he will never be allowed to teach again.’

Full Story

BBC News, 14th June 2024

Source: www.bbc.co.uk

Landowner who cut down protected woodland fined – BBC News

Posted June 17th, 2024 in confiscation, enforcement notices, environmental protection, fines, news, trees by tracey

‘A landowner who benefited from chopping down a protected woodland has been fined £1,500 and handed an £11,280 confiscation order.’

Full Story

BBC News, 14th June 2024

Source: www.bbc.co.uk

Organisers fined over horse-loving teen’s death – BBC News

Posted June 17th, 2024 in accidents, costs, fines, health & safety, news by tracey

‘The organisers of a horse and carriage fun day have been fined and ordered to pay costs totalling £230,000 after a teenager was killed taking part in an event 12 years ago.’

Full Story

BBC News, 15th June 2024

Source: www.bbc.co.uk

Wolverhampton guilty verdicts raise issue of naming child killers – The Guardian

‘Some believe naming convicted children acts as deterrent, while others say it could glorify horrific acts.’

Full Story

The Guardian, 15th June 2024

Source: www.theguardian.com

Lawyers take lord chancellor to high court over legal aid fees – The Guardian

Posted June 17th, 2024 in asylum, fees, immigration, legal aid, lord chancellor, Ministry of Justice, news by tracey

‘The lord chancellor is being taken to the high court over claims that legal aid fees are so low they are preventing lawyers from providing representation for thousands of people who are eligible for it.’

Full Story

The Guardian, 16th June 2024

Source: www.theguardian.com

Portrayal of character in Steve Coogan’s film The Lost King is defamatory, judge rules – The Guardian

Posted June 17th, 2024 in artistic works, defamation, news, universities by tracey

‘The portrayal of a former university official in Steve Coogan’s film about the discovery of the remains of Richard III is defamatory, a high court judge has ruled.’

Full Story

The Guardian, 14th June 2024

Source: www.theguardian.com

Prosecution bail appeals – what could possibly go wrong? – Mountford Chambers

Posted June 17th, 2024 in appeals, bail, chambers articles, news by sally

‘Grace Khaile considers two recent High Court judgments on the procedure of prosecution appeals against bail.’

Full Story

Mountford Chambers, 13th May 2024

Source: www.mountfordchambers.com

Sacked blind baker treated unfavourably – tribunal – BBC News

‘A man who is registered blind is seeking a £112,000 payout after being sacked during his probation period at a bakery.’

Full Story

BBC News, 15th June 2024

Source: www.bbc.co.uk

Stephen Lawrence: Met’s decision to stop looking for killers to be reviewed – The Guardian

Posted June 17th, 2024 in bereavement, families, murder, news, police by tracey

‘The Met police’s decision to shut down the hunt for the racist killers of Stephen Lawrence is to be reviewed, with police admitting “serious mistakes” are still being made in the case, the Guardian has learned.’

Full Story

The Guardian, 16th June 2024

Source: www.theguardian.com

Met police accused of failing to address toxic culture in firearms unit – The Guardian

‘Action has been taken in only a tiny percentage of internal misconduct claims against officers since review by peer Louise Casey.’

Full Story

The Guardian, 16th June 2024

Source: www.theguardian.com

Met Police officer fined for grabbing woman in mistaken bus fare dodging arrest – The Independent

Posted June 17th, 2024 in compensation, fines, news, police, professional conduct, sentencing, wrongful arrest by tracey

‘A Metropolitan Police officer who “manhandled” and wrongly arrested a woman for bus fare evasion in front of her distraught young son has been fined £1,500.’

Full Story

The Independent, 15th June 2024

Source: www.independent.co.uk