BAILII: Recent Decisions

Posted August 27th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Commissioners for His Majesty’s Revenue and Customs v Payroll & Pension Services (PPS Umbrella Company) Ltd [2024] EWCA Civ 995 (23 August 2024)

High Court (Administrative Court)

Jones, R (On the Application Of) v Cornwall Council [2024] EWHC 2198 (Admin) (23 August 2024)

Lomas v Republic of South Africa [2024] EWHC 2210 (Admin) (23 August 2024)

Greenfields (IOW) Ltd, R (On the Application Of) v Isle of Wight Council [2024] EWHC 2107 (Admin) (23 August 2024)

High Court (Chancery Division)

Nilsson & Anor v Cynberg [2024] EWHC 2164 (Ch) (23 August 2024)

MTA Personal Injury Solicitors LLP v Wiseglass [2024] EWHC 2208 (Ch) (23 August 2024)

Rahman v Hassan & Ors [2024] EWHC 2209 (Ch) (23 August 2024)

High Court (Family Division)

An NHS Trust v Mother & Ors [2024] EWHC 2207 (Fam) (22 August 2024)

High Court (King’s Bench Division)

Achille v Calcutt & Anor (No. 3) (Civil Restraint Order & Costs) [2024] EWHC 2169 (KB) (23 August 2024)

Hawrami v Journalism Development Network Inc & Ors [2024] EWHC 2194 (KB) (23 August 2024)

Worcester v Hopley [2024] EWHC 2181 (KB) (21 August 2024)

Source: www.bailii.org

Who knew? Or ought to have known? – Nearly Legal

Posted August 27th, 2024 in defective premises, duty of care, landlord & tenant, news, repairs by tracey

‘Mann v Martin (2024) EW Misc 23 (CC). Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast.’

Full Story

Nearly Legal, 26th August 2024

Source: nearlylegal.co.uk

Teenager with significant support needs left days from homelessness due to ‘unfathomable’ council failings: Ombudsman – Local Government Lawyer

‘The Local Government and Social Care Ombudsman (LGSCO) has found fault in the actions of Devon County Council after it left a teenager with needs including Autism and ADHD less than a week away from being made homeless because the council had not decided where he should live when he became 18.’

Full Story

Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Council to pay family more than £5k after placing them in B&B accommodation for six months – Local Government Lawyer

Posted August 27th, 2024 in families, homelessness, housing, local government, news, ombudsmen, statutory duty by tracey

‘The Local Government and Social Care Ombudsman (LGSCO) has found that Birmingham City Council failed to provide suitable accommodation to a family placed in bed and breakfast (B&B) accommodation for more than 26 weeks, 20 weeks over the maximum time such accommodation can be used for homeless applicants with dependent children.’

Full Story

Local Government Lawyer, 22nd August 2024

Source: www.localgovernmentlawyer.co.uk

Judge’s “concern” that law firm’s administrator was too close to owner – Legal Futures

Posted August 27th, 2024 in administrators, fees, insolvency, law firms, news by tracey

‘A judge has set aside his order for payment of a law firm’s administrator after new evidence raised “a sense of real unease and concern” about the decision.’

Full Story

Legal Futures, 27th August 2024

Source: www.legalfutures.co.uk

Tribunal criticises BSB for prosecuting “sleeping” barrister – Legal Futures

‘A disciplinary tribunal has sharply criticised the Bar Standards Board (BSB) for how it approached the prosecution of a barrister who provided clear medical evidence to explain why she struggled to stay awake during an inquest she was participating in online.’

Full Story

Legal Futures, 27th August 2024

Source: www.legalfutures.co.uk

Paralegal unfairly dismissed by firm awarded £105,000 damages – Legal Futures

‘A paralegal at a London law firm who was unfairly dismissed – leaving her dreams of becoming a solicitor in tatters – has been awarded damages of more than £100,000.’

Full Story

Legal Futures, 27th August 2024

Source: www.legalfutures.co.uk

People smuggling ring jailed for cramming migrants in boot of car – Home Office

Posted August 27th, 2024 in news, sentencing, trafficking in human beings by tracey

‘Members of a people-smuggling ring have been jailed yesterday after being caught cramming 2 Afghan migrants into a tiny car boot.’

Full Story

Home Office, 23rd August 2024

Source: www.gov.uk

Court hits claimant who pitched up with ‘unrealistic’ budget – Law Society’s Gazette

Posted August 27th, 2024 in budgets, costs, negligence, news, penalties by tracey

‘A clinical negligence claimant who saw their unrealistic costs budget slashed cannot claim for the costs of sorting out the argument, a court has ruled.’

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Law Society’s Gazette, 23rd August 2024

Source: www.lawgazette.co.uk

High Court dismisses judicial review in asylum legal aid case – Law Society’s Gazette

Posted August 27th, 2024 in asylum, children, judicial review, legal aid, news by tracey

‘A High Court judge has dismissed a claim for judicial review in a case where legal aid for a Home Office asylum interview was refused because the interviewee had turned 18 by the time of his interview.’

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Law Society’s Gazette, 23rd August 2024

Source: www.lawgazette.co.uk

‘We did it!’ Next shop workers win equal pay claim – BBC News

Posted August 27th, 2024 in employment tribunals, equal pay, news, women by tracey

‘More than 3,500 current and former workers at Next have won the final stage of a six-year legal battle for equal pay.’

Full Story

BBC News, 27th August 2024

Source: www.bbc.co.uk

Thousands of women abused as children may be unable to get justice due to legal anomaly – The Guardian

Posted August 27th, 2024 in child abuse, limitations, news, retrospectivity, sexual offences, victims, women by tracey

‘Thousands of women who were sexually abused as children could be unable to obtain justice because of an anomaly in the law of England and Wales that is being challenged at the European court of human rights.’

Full Story

The Guardian, 25th August 2024

Source: www.theguardian.com

Attorney general intervenes in Foreign Office review of weapons sales to Israel – The Guardian

Posted August 27th, 2024 in attorney general, international law, Israel, news, war crimes, weapons by tracey

‘Keir Starmer’s most senior legal adviser has intervened in the contentious decision over whether to ban UK arms sales to Israel, the Guardian has learned, as officials struggle to distinguish between “offensive” and “defensive” weapons.’

Full Story

The Guardian, 25th August 2024

Source: www.theguardian.com

Met drops investigation into general election gambling allegations ‘as bar for misconduct not met’ – The Independent

‘The Metropolitan Police has dropped its investigation into betting on the date of the general election, saying the bar for misconduct in public office had not been met.’

Full Story

The Independent, 24th August 2024

Source: www.independent.co.uk

‘It was so painful’: Diversity officer on suing University of Arts for discrimination – The Independent

‘An equality and diversity officer who successfully sued her university employer for discrimination has criticised the sector’s failures to tackle racism in an exclusive interview with The Independent.’

Full Story

The Independent, 26th August 2024

Source: www.independent.co.uk

Mother and son call for review of ‘harsh’ UK witness protection programme – The Guardian

‘A mother and son whose lives have been completely reshaped by living under witness protection have called for a wholesale review of the system, warning that instead of keeping people safe it can be “hostile” to innocents.’

Full Story

The Guardian, 27th August 2024

Source: www.theguardian.com