BAILII: Recent Decisions

Posted October 1st, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Unipolsai Assicurazioni Spa v Covea Insurance Plc [2024] EWCA Civ 1110 (30 September 2024)

Motorola Mobility Llc & Anor v Ericsson Ltd & Anor [2024] EWCA Civ 1100 (30 September 2024)

High Court (Chancery Division)

Athleta (ITM) Inc. v Sports Group Denmark A/S & Anor [2024] EWHC 2449 (Ch) (30 September 2024)

UK Commercial Property Finance Holdings Ltd v Cine-UK Ltd & Anor [2024] EWHC 2475 (Ch) (30 September 2024)

High Court (Commercial Court)

4VVV Ltd & Ors v Spence & Ors [2024] EWHC 2434 (Comm) (27 September 2024)

Renaissance Securities (Cyprus) Ltd v ILLC Chlodwig Enterprises & Ors [2024] EWHC 2460 (Comm) (19 September 2024)

High Court (Family Division)

Kaha v Lahmer [2024] EWHC 2439 (Fam) (27 September 2024)

Kaha v Lahmer [2024] EWHC 2440 (Fam) (27 September 2024)

Source: www.bailii.org

FCA signals softening of ‘name and shame’ proposals as enforcement approach evolves – OUT-LAW.com

Posted October 1st, 2024 in consultations, enforcement, financial regulation, news by tracey

‘The Financial Conduct Authority’s (FCA) approach to regulatory enforcement in UK financial services is evolving, as it aims to become more data and technology driven and focus on faster investigations, greater transparency and closer collaboration with other regulators and stakeholders.’

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OUT-LAW.com, 30th September 2024

Source: www.pinsentmasons.com

Effectiveness of sentencing options – review of research – Sentencing Council

Posted October 1st, 2024 in news, reports, sentencing by tracey

‘The Sentencing Council has published a review of existing research looking at the effectiveness of sentencing.’

Full report

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Sentencing Council, 24th September 2024

Source: www.sentencingcouncil.org.uk

Nearly 500 law firms sanctioned for transparency failures – Legal Futures

‘The Solicitors Regulation Authority (SRA) has sanctioned 470 law firms in the past 18 months over failures to comply with its transparency rules.’

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Legal Futures, 1st October 2024

Source: www.legalfutures.co.uk

Celebrating 75 years of women silks – excellence in advocacy – The Bar Council

Posted October 1st, 2024 in barristers, king's counsel, news, queen's counsel, women by tracey

‘Over 350 women KCs and judges joined in celebrations at the Royal Courts of Justice to mark 75 years since women first ‘took silk’ and became King’s Counsel (KC) – an award for excellence in advocacy in the higher courts. The event, hosted in the Great Hall, was attended by the most senior and most junior KCs from across a wide range of practice areas and circuits.’

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The Bar Council, 1st October 2024

Source: www.barcouncil.org.uk

Ma v Roux: Can You Strike Out a Set Aside Application? – Financial remedies Journal

Posted October 1st, 2024 in financial provision, news, setting aside, striking out by tracey

‘It was settled in Wyatt v Vince [2015] UKSC 14, [2015] 1 FLR 972 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits and it cannot therefore be dealt with summarily on the basis that it has no real prospect of success.’

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Financial remedies Journal, 25th September 2024

Source: financialremediesjournal.com

Till Debt Do Us Part: Bankruptcy and Financial Remedies – Financial Remedies Journal

Posted October 1st, 2024 in bankruptcy, divorce, financial provision, news by tracey

‘Financial remedies practitioners are well-accustomed to advising parties in straitened financial circumstances. Often the central question is how to stretch the available resources to ensure both parties have a roof over their heads. However, when one or both parties find themselves in serious financial difficulty, a less familiar issue may arise: the interplay between the Insolvency Act 1986 (IA 1986) and the Matrimonial Causes Act 1973 (MCA 1973).

In this article, the authors will comment on the recent case of Gudmundsson v Lin [2024] EWHC 1576 (Fam) to explain how bankruptcy proceedings can alter the computational landscape of a case and, at times, undermine the intentions of the Financial Remedies Court.’

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Financial Remedies Journal, 1st October 2024

Source: financialremediesjournal.com

Nurse struck off after ‘Grand High Witch’ cakes jibe – BBC News

Posted October 1st, 2024 in disciplinary procedures, news, nurses, professional conduct by tracey

‘A senior nurse, who taunted a colleague by giving out cake bars in wrappers bearing the image of a witch, has been struck off.’

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BBC News, 1st October 2024

Source: www.bbc.co.uk

Workers must keep all customer tips under new law – BBC News

Posted October 1st, 2024 in employment, food, news, remuneration by tracey

‘Staff must be given 100% of tips from customers under a new law which bans businesses from withholding gratuity payments.’

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BBC News, 1st October 2024

Source: www.bbc.co.uk

Lucy Letby: Experts tell BBC about medical evidence concerns – BBC News

Posted October 1st, 2024 in children, evidence, expert witnesses, hospitals, medical treatment, murder, news, nurses by tracey

‘Senior doctors and scientists have told the BBC they have concerns about how crucial evidence was presented to the jury at Lucy Letby’s trials.’

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BBC News, 1st October 2024

Source: www.bbc.co.uk

Firefighter caught paying young girls to send him naked photographs – The Independent

‘A former firefighter who paid children to send him naked pictures and sent an image of himself wearing his uniform to one victim has been jailed.’

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The Independent, 30th September 2024

Source: www.independent.co.uk

Four officers face disciplinary action over David Carrick investigation – The Guardian

Posted October 1st, 2024 in disciplinary procedures, London, news, police, rape, standards, vetting by tracey

‘Four police officers and a civilian employee are to face disciplinary action for alleged errors that helped leave the serial rapist David Carrick free to attack a string of women.’

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The Guardian, 30th September 2024

Source: www.theguardian.com

Pensioner, 96, thought to be oldest person in UK to be convicted of dangerous driving – The Independent

Posted October 1st, 2024 in dangerous driving, elderly, news, sentencing, suspended sentences by tracey

‘A 96-year-old woman – thought to be the oldest person convicted of causing death by dangerous driving – has been given a suspended sentence after she killed another woman outside her bridge club.’

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The Independent, 30th September 2024

Source: www.independent.co.uk

Couple steals £200k from slaves they put to work at McDonald’s restaurant – The Independent

‘A couple were caught running a trafficking scheme that managed six slaves working at a McDonald’s restaurant.’

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The Independent, 1st October 2024

Source: www.independent.co.uk

Former human rights lawyer admits fraud over Iraq war claims – The Guardian

Posted October 1st, 2024 in armed forces, fraud, guilty pleas, Iraq, judicial review, legal aid, news, solicitors by tracey

‘The former human rights lawyer Phil Shiner has pleaded guilty to fraud charges linked to claims made against Iraq war veterans.’

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The Guardian, 1st October 2024

Source: www.theguardian.com