BAILII: Recent Decisions

Posted July 1st, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Lancashire County Council v Brookhouse Group Ltd [2024] EWCA Civ 717 (28 June 2024)

Houssein & Ors v London Credit Ltd & Anor [2024] EWCA Civ 721 (28 June 2024)

CG Fry & Son Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWCA Civ 730 (28 June 2024)

Commissioners for His Majesty’s Revenue and Customs v Altrad Services Ltd & Anor [2024] EWCA Civ 720 (28 June 2024)

World Uyghur Congress, R (On the Application Of) v National Crime Agency [2024] EWCA Civ 715 (27 June 2024)

Nicholls & Anor v Mapfre Espana Compania De Seguros Y Reaseguros SA [2024] EWCA Civ 718 (27 June 2024)

King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2024] EWCA Civ 719 (27 June 2024)

Hima v The Secretary of State for the Home Department [2024] EWCA Civ 680 (26 June 2024)

High Court (Administrative Court)

Jackson, In the Matter Of (Re Reference under s.273 Criminal Justice Act 2003) [2024] EWHC 1557 (Admin) (28 June 2024)

One Trees Estates Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1644 (Admin) (26 June 2024)

Giana v Court of Roman, Romania [2024] EWHC 1613 (Admin) (26 June 2024)

High Court (Chancery Division)

Manolete Partners PLC v Bell & Ors (Re BSS LED [R&D] Ltd) [2024] EWHC 1636 (Ch) (28 June 2024)

Surrey Searches Ltd & Ors v Northumbrian Water Ltd & Ors [2024] EWHC 1643 (Ch) (28 June 2024)

Rarity Holdings Ltd v Parkhill [2024] EWHC 1637 (Ch) (27 June 2024)

VE Vegas Investors IV LLC v Evelyn Partners LLP & Ors [2024] EWHC 1508 (Ch) (26 June 2024)

High Court (Family Division)

BC, Re (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam) (26 June 2024)

D, Re (Wardship: Jurisdiction: Cutting Across Statutory Schemes) (Rev1) [2024] EWHC 1658 (Fam) (26 June 2024)

A Local Authority v The Mother (AZ) & Ors [2024] EWHC 1670 (Fam) (21 June 2024)

AZ v BX (Child Arrangements Order: Appeal) [2024] EWHC 1528 (Fam) (21 June 2024)

High Court (Patents Court)

Abbott Diabetes Care Inc & Ors v Dexcom Inc & Ors [2024] EWHC 1664 (Pat) (28 June 2024)

High Court (King’s Bench Division)

Versi v Husain [2024] EWHC 1672 (KB) (28 June 2024)

Source: www.bailii.org

What is a ‘New Matter’ in an Immigration Appeal? – EIN Blog

Posted July 1st, 2024 in appeals, immigration, jurisdiction, news, tribunals by tracey

‘Since many immigration appeals may take months to be heard by the Immigration Tribunal, circumstances will understandably evolve, which could constitute a new matter for the purposes of the appeal. When appealing an immigration decision, it is important to consider whether a new matter is raised because the Immigration Tribunal does not have jurisdiction to consider the matter without the consent of the Secretary of State. In this post, we examine new matters in immigration appeals, asking what is a new matter in an immigration appeal and what is the process of raising a new matter in an immigration appeal? Further information on the process of appealing an immigration refusal can be found in these Part 1 and Part 2 guides on how to appeal a UK visa or immigration refusal decision.’

Full Story

EIN Blog, 1st July 2024

Source: www.ein.org.uk

Leasehold miscellaneous – Nearly Legal

Posted July 1st, 2024 in fees, forfeiture, landlord & tenant, leases, news, service charges by tracey

‘A few quick notes on various leasehold related cases. Howe Properties (NE) Ltd v Accent Housing Ltd (2024) EWCA Civ 297. Accent Housing levied a management fee on leaseholders which was at flat rate and a) differed by tenure (freehold and assured tenancies were at different rates) and b) was charged as against Accent’s management costs across its whole estate, some 3058 leasehold properties, not just this specific development.’

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Nearly Legal, 30th June 2024

Source: nearlylegal.co.uk

Pensions Ombudsman decisions offer reassurance around risks of providing online systems – OUT-LAW.com

Posted July 1st, 2024 in complaints, electronic filing, news, ombudsmen, pensions by tracey

‘Two recent decisions of the UK Pensions Ombudsman (PO) place the onus on the scheme member to use providers’ online systems correctly and to switch to alternative means of communication when those systems are unavailable.’

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OUT-LAW.com, 28th June 2024

Source: www.pinsentmasons.com

Robert Colvin and Elizabeth Forster: Rolling Judicial Reviews: A New Era of Court Monitoring in Complex Cases? – UK Constitutional Law Association

Posted July 1st, 2024 in asylum, children, judicial review, local government, news, statutory duty by tracey

‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’

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UK Constitutional Law Association, 1st July 2024

Source: ukconstitutionallaw.org

New statutory guidance on the Best Value Duty – Local Government Lawyer

‘The Department for Levelling Up, Housing and Communities (DLUHC) has recently issued welcomed guidance on best value standards and interventions, following a consultation last summer, writes Olivia Carter.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Fitness for human habitation claims – what are they worth? – Local Government Lawyer

‘Rhiannon Moody examines a recent case where damages were awarded over a council property that was unfit for human habitation.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

The test for ceasing to maintain an EHCP – Local Government Lawyer

‘Abby Buttle reports on a successful appeal to the Upper Tribunal on the test for ceasing to maintain an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Law firm fines should be a minimum of £5k, says SRA – Legal Futures

‘The Solicitors Regulation Authority (SRA) has proposed that any fine it imposes on law firms should be at least £5,000, as well as ending fines for solicitors convicted of drink-driving.’

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Legal Futures, 1st July 2024

Source: www.legalfutures.co.uk

Water companies win first stage of search providers’ overcharging claim – Legal Futures

Posted July 1st, 2024 in class actions, conveyancing, damages, news, water, water companies by tracey

‘Water companies have the upper hand after the first stage of a High Court claim brought by conveyancing search providers claiming to have been overcharged for a decade.’

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Legal Futures, 1st July 2024

Source: www.legalfutures.co.uk

CPS Statement: Decision not to charge in relation to fatal collision at The Study Prep School, Wimbledon – Crown Prosecution Service

‘CPS Statement: Decision not to charge in relation to fatal collision at The Study Prep School, Wimbledon.’

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Crown Prosecution Service, 26th June 2024

Source: www.cps.gov.uk

Court interpreter supplier faces group action over employment rights – Law Society’s Gazette

‘The language services company contracted to provide courtroom services faces a fresh headache after it emerged that interpreters and translators are joining forces to potentially bring a group claim over employment rights.’

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Law Society's Gazette, 27th June 2024

Source: www.lawgazette.co.uk

‘Tourist tax’ on hold as hotels appeal – BBC News

Posted July 1st, 2024 in appeals, consultations, government departments, holidays, hotels, news by tracey

‘The first so-called coastal tourist tax in the UK, set to be introduced in parts of Dorset, has been put on hold following opposition from hotels.’

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BBC News, 1st July 2024

Source: www.bbc.co.uk

‘Frightening and frustrating’ move to eVisas risks repeat of Windrush scandal, experts warn – The Guardian

Posted July 1st, 2024 in documents, government departments, immigration, news, visas by tracey

‘The government is telling migrants who have lived in Britain for decades to provide proof for every year of their residency as part of the controversial transition to digital visas, immigration lawyers have warned.’

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The Guardian, 29th June 2024

Source: www.theguardian.com

Man who arranged Katie Piper acid attack could get parole in July – The Guardian

Posted July 1st, 2024 in assault, grievous bodily harm, imprisonment, news, parole, rape, sexual offences by tracey

‘The man who arranged for the model and TV presenter Katie Piper to be attacked with acid could be eligible for parole next month.’

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The Guardian, 30th June 2024

Source: www.theguardian.com

Drug gang jailed for £24.5m importation – BBC News

Posted July 1st, 2024 in drug offences, drug trafficking, gangs, imprisonment, news, sentencing by tracey

‘An organised crime gang has been jailed after the largest ever seizure of illegal drugs in East Sussex.’

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BBC News, 28th June 2024

Source: www.bbc.co.uk

Cafe owner jailed for sexually abusing boy, 14 – BBC News

Posted July 1st, 2024 in child abuse, children, imprisonment, news, sentencing, sexual offences by tracey

‘A charity cafe owner who sexually assaulted a teenager has been sentenced to eight years in prison.’

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BBC News, 28th June 2024

Source: www.bbc.co.uk