BAILII: Recent Decisions

Posted September 18th, 2024 in law reports by tracey

Supreme Court

UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30 (18 September 2024)

High Court (Administrative Court)

XYM, R (On the Application Of) v West London Family Court & Anor [2024] EWHC 2372 (Admin) (17 September 2024)

Government of the Republic of Turkiye v Demir [2024] EWHC 2351 (Admin) (17 September 2024)

Bredhurst Parish Council v Maidstone Borough Council & Ors [2024] EWHC 2373 (Admin) (17 September 2024)

High Court (Chancery Division)

Keilaus & Anor v Houghton & Anor [2024] EWHC 2108 (Ch) (17 September 2024)

Omnimax International LLC v Cullen & Ors [2024] EWHC 2367 (Ch) (17 September 2024)

High Court (Commercial Court)

Yangtze Navigation (Asia) Co Ltd & Anor v TPT Shipping Ltd & Ors [2024] EWHC 2371 (Comm) (18 September 2024)

Tumpuan Megah Development Sdn Bhd v ING Bank NV & Anor [2024] EWHC 2350 (Comm) (17 September 2024)

High Court (King’s Bench Division)

Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB) (15 September 2024)

Source: www.bailii.org

King Crude Carriers SA -v- Ridgebury November LLC [2024] EWCA Civ 719: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent – Gatehouse Chambers

Posted September 18th, 2024 in appeals, chambers articles, contracts, damages, debts, deposits, news by sally

‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’

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Gatehouse Chambers, 7th August 2024

Source: gatehouselaw.co.uk

UK riots: boy, 12, becomes youngest person in England to be sentenced – The Guardian

Posted September 18th, 2024 in compensation, immigration, news, sentencing, violent disorder, young offenders by sally

‘A 12-year-old boy, who is the youngest known person in England to have been charged in connection with widespread disorder in UK cities earlier this summer, has been given a 12-month a referral order.’

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The Guardian, 17th September 2024

Source: www.theguardian.com

Outsourcing and the Human Rights Act 1998 – the consequences – Mental Capacity Law and Policy

‘Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates the consequences of the fact that much state-funded care – including coercive mental health care – is now delivered privately. It concerns a man, Paul Sammut, who had what was described as a chronic, enduring and treatment resistant schizophrenia. For large parts of his adult life, he was detained under s.3 Mental Health Act 1983.’

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Mental Capacity Law and Policy, 16th September 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Inside Operation Soteria: Half of rape investigation teams are not fully qualified – Each Other

Posted September 18th, 2024 in human rights, news, ombudsmen, police, rape, sexual offences by sally

‘The police inspectorate recently published its report on progress in delivering a new model for investigating rape and serious sexual offences, known as Operation Soteria.’

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Each Other, 16th September 2024

Source: eachother.org.uk

Buffer zones to be introduced outside abortion clinics after lengthy delays – The Independent

Posted September 18th, 2024 in abortion, delay, demonstrations, fines, government departments, harassment, news by sally

‘Buffer zones will soon be introduced outside abortion clinics to stop women seeking abortions from being harassed by protesters.’

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The Independent, 18th September 2024

Source: www.independent.co.uk

Priest sentenced for stealing church donations – BBC News

Posted September 18th, 2024 in Christianity, compensation, imprisonment, news, sentencing, suspended sentences, theft by sally

‘A priest has been given a suspended prison sentence for stealing money from his own church’s donation plates.’

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BBC News, 17th September 2024

Source: www.bbc.co.uk

UK’s new eVisa scheme ‘could create digital Windrush scandal’ – The Guardian

Posted September 18th, 2024 in computer programs, documents, government departments, immigration, news, visas by sally

‘Millions of migrants have been urged to register for a new eVisa scheme as campaigners warn the document could create a digital Windrush scandal.’

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The Guardian, 18th September 2024

Source: www.theguardian.com

Police officers perpetrate shocking levels of domestic abuse with impunity, report finds – The Independent

Posted September 18th, 2024 in criminal justice, domestic violence, government departments, news, police, statistics by sally

‘Police officers perpetrate shocking levels of domestic abuse yet many operate with impunity due to forces failing to properly hold them to account, according to new research.’

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The Independent, 18th September 2024

Source: www.independent.co.uk