28/10/2024 – Current Awareness

BAILII: Recent Decisions

Posted October 28th, 2024 in law reports by tracey

Supreme Court

CAO v Secretary of State for the Home Department (Northern Ireland) [2024] UKSC 32 (23 October 2024)

Oakwood Solicitors Ltd v Menzies [2024] UKSC 34 (23 October 2024)

Tindall & Anor v Chief Constable of Thames Valley Police [2024] UKSC 33 (23 October 2024)

Court of Appeal (Civil Division)

Afriyie v Commissioner of Police for the City of London [2024] EWCA Civ 1269 (25 October 2024)

Johnson v FirstRand Bank Ltd (London Branch) (t/a MotoNovo Finance) [2024] EWCA Civ 1282 (25 October 2024)

S, Re (Children – New Evidence) [2024] EWCA Civ 1265 (24 October 2024)

Aymes International Ltd v Nutrition4u BV & Ors [2024] EWCA Civ 1259 (23 October 2024)

Hajan v Mayor & Burgesses of the London Borough of Brent [2024] EWCA Civ 1260 (23 October 2024)

H, Re (Children: Uncertain Perpetrator: Lies) [2024] EWCA Civ 1261 (23 October 2024)

Lea & Ors v GP Ilfracombe Management Company Ltd [2024] EWCA Civ 1241 (22 October 2024)

Infrastructure Services Luxembourg SARL & Anor v The Kingdom of Spain [2024] EWCA Civ 1257 (22 October 2024)

Tendring District Council v AB & Ors [2024] EWCA Civ 1248 (21 October 2024)

Mohammed & Ors v Daji & Ors [2024] EWCA Civ 1247 (21 October 2024)

Court of Appeal (Criminal Division)

Letby, R. v [2024] EWCA Crim 1278 (24 October 2024)

High Court (Commercial Court)

Viegas & Ors v Cutrale & Anor [2024] EWHC 2609 (Comm) (22 October 2024)

High Court (Family Division)

Addou v Bennabi [2024] EWHC 2703 (Fam) (25 October 2024)

Addou v Bennabi [2024] EWHC 2702 (Fam) (25 October 2024)

BB v CC (Rev1) [2024] EWHC 2693 (Fam) (24 October 2024)

Bartram v Bartram [2024] EWHC 2650 (Fam) (18 October 2024)

High Court (Patents Court)

Pfizer Inc v UniQure Biopharma BV [2024] EWHC 2672 (Pat) (25 October 2024)

High Court (King’s Bench Division)

Titan Wealth Holdings Ltd & Ors v Okunola (Trial) (Rev1) [2024] EWHC 2718 (KB) (25 October 2024)

DBH v North Lincolnshire and Goole NHS Foundation Trust [2024] EWHC 2652 (KB) (25 October 2024)

Bates v Rubython & Anor [2024] EWHC 2706 (KB) (25 October 2024)

Dexia Credit Local SA v Patrimonio del Trentino SpA [2024] EWHC 2717 (KB) (25 October 2024)

Ferreira-Malosso v Nowakowska [2024] EWHC 2696 (KB) (24 October 2024)

Sturgess v Crick [2024] EWHC 2686 (KB) (24 October 2024)

Richards v Crown Prosecution Service & Anor [2024] EWHC 2681 (KB) (23 October 2024)

Viarentis Property Management Ltd v Viagefi 1 Ltd & Ors [2024] EWHC 2662 (KB) (22 October 2024)

Hibbert & Anor v Hall [2024] EWHC 2677 (KB) (22 October 2024)

Winterbotham v Shahrak (Rev1) [2024] EWHC 2633 (KB) (21 October 2024)

Domestic & General Group Ltd v Premier Protect Holdings Ltd & Ors [2024] EWHC 2654 (KB) (21 October 2024)

High Court (Technology and Construction Court)

Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC) (21 October 2024)

Source: www.bailii.org

Elizabeth Adams: The Judicial Approach to the Judicial Discretion under s.4 HRA in Secretary of State for Business and Trade v Mercer [2024] UKSC 12 – UK Constitutional Law Association

Posted October 28th, 2024 in declarations of incompatibility, human rights, judiciary, news, Supreme Court by tracey

‘In Secretary of State for Business and Trade v Mercer [2024] UKSC 12 (Mercer), the Supreme Court was confronted with whether and how to exercise its powers under sections 3 and 4 of the HRA 1998. This blog post will focus on assessing how the Supreme Court approached the judicial discretion to grant a declaration of incompatibility under section 4 HRA (s.4). Section 4 states that if the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility – “may” demonstrates the judicial discretion at the core of the mechanism.’

UK Constitutional Law Association, 28th October 2024

Source: ukconstitutionallaw.org

High Court issues jail sentences for pair who built access point onto A road – Local Government Lawyer

Posted October 28th, 2024 in local government, news, planning, road safety, roads, sentencing, suspended sentences by tracey

‘A High Court judge has handed jail sentences to a man and a woman who built an access point onto an A road without planning permission.’

Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

High Court orders council to treat asylum seeker in accordance with claimed age until further assessment carried out – Local Government Lawyer

Posted October 28th, 2024 in asylum, children, local government, news by tracey

‘The High Court has granted interim relief requiring Kent County Council to treat an asylum seeker in accordance with his claimed age under the Children Act 1989, pending determination of his age or further order.’

Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Council refused permission for appeal of tribunal order requiring it to publish redacted report – Local Government Lawyer

Posted October 28th, 2024 in appeals, disclosure, diversity, equality, freedom of information, local government, London, news, tribunals by tracey

‘Havering Council has been refused permission to appeal a First-tier Tribunal (General Regulatory Chamber) order that it publish a historic self-assessment peer review submitted as part of the Local Government Association’s Race Equality, Accessibility, Diversity, and Inclusion (READI) review.’

Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Everything you wanted to know about AI but were afraid to ask – Local Government Lawyer

Posted October 28th, 2024 in artificial intelligence, legal profession, news by tracey

‘Thomson Reuters’ Legal Insights provides an overall guide to AI and how it will affect the legal profession.’

Local Government Lawyer, 25th October 2024

Source: www.localgovernmentlawyer.co.uk

Law firm fails in bid to restrain litigation funder’s winding-up petition – Legal Futures

Posted October 28th, 2024 in debts, law firms, loans, news, solicitors, winding up by tracey

‘A well-known sports law firm has failed to convince the High Court to restrain a litigation funder from advertising a winding-up petition over a loan it has not repaid.’

Legal Futures, 28th October 2024

Source: www.legalfutures.co.uk

Court of Appeal ruling opens door to motor finance mis-selling claims – Legal Futues

Posted October 28th, 2024 in appeals, claims management, disclosure, fiduciary duty, law firms, news by tracey

‘The Court of Appeal has opened the door to billions of pounds worth of claims for mis-sold motor finance after finding dealers in breach of their fiduciary duty to customers.’

Legal Futures, 28th October 2024

Source: www.legalfutures.co.uk

New reforms to boost confidence in police accountability system – Home Office

Posted October 28th, 2024 in criminal justice, government departments, news, police by tracey

‘The announcement will reassure both the police and the public that the system of vetting and accountability is working.’

Home Office, 24th October 2024

Source: www.gov.uk

Home Secretary launches new support for Windrush victims – Home Office

Posted October 28th, 2024 in colonies, compensation, government departments, immigration, news by tracey

‘Home Secretary commits to a “fundamental reset” in the government’s response to the appalling Windrush scandal.’

Home Office, 24th October 2024

Source: www.gov.uk

Major new crackdown on insurance fraud – Home Office

Posted October 28th, 2024 in fraud, government departments, insurance, news by tracey

‘A new insurance fraud charter was announced at the latest Joint Fraud Taskforce meeting.’

Home Office, 25th October 2024

Source: www.gov.uk

Mansion House speech by the Lady Chief Justice – Courts and Tribunals Judiciary

Posted October 28th, 2024 in HM Courts Service, judges, London, lord chancellor, news by tracey

‘Mansion House speech by the Lady Chief Justice, 22nd October 2024″

Courts and Tribunals Judiciary, 23rd October 2024

Source: www.judiciary.uk

Judge’s 17-month delay in handing down judgment leads to formal advice for misconduct – Law Society’s Gazette

Posted October 28th, 2024 in complaints, delay, judges, news, professional conduct by tracey

‘A tribunal judge who did not hand down her judgment for more than 17 months has been issued with formal advice for misconduct. Lynn Griffin, who accepted responsibility for the delay, said she had been “required to fit the completion of the complex judgment around other work and her extensive judicial roles and responsibilities”.’

Law Society's Gazette, 25th October 2024

Source: www.lawgazette.co.uk

Lawyers launch 50 new rugby claims despite SRA probe – Law Society’s Gazette

Posted October 28th, 2024 in compensation, damages, law firms, news, personal injuries, solicitors, sport by tracey

‘Lawyers acting in head injury claims for retired sportspeople have added another batch of 50 individual cases to proceedings.’

Law Society's Gazette, 28th October 2024

Source: www.lawgazette.co.uk

GH v GH – FDRs Are Not to Be Dispensed With – Financial Remedies Journal

Posted October 28th, 2024 in divorce, families, family courts, financial dispute resolution, news by tracey

‘If ever there were any doubts as to the importance of the FDR appointment and the parties’ attendance at one, then Mr Justice Peel has unequivocally put those doubts to rest in his judgment in GH v GH [2024] EWFC 272, published on 3 October 2024. The court’s ongoing focus on assisting parties to resolve financial remedy proceedings in a timely and proportionate manner means that FDRs (including private FDRs) are, perhaps unsurprisingly, still receiving significant praise and judicial support.’

Financial Remedies Journal, 21st October 2024

Source: financialremediesjournal.com

No Special Favours: Litigants in Person and the Financial Remedies Court – Financial Remedies Journal

Posted October 28th, 2024 in divorce, families, family courts, financial dispute resolution, litigants in person, news by tracey

‘No Special Favours: Litigants in Person and the Financial Remedies Court’

Financial Remedies Journal, 23rd October 2024

Source: financialremediesjournal.com

Doctor who urinated in hospital sink struck off – BBC News

Posted October 28th, 2024 in disciplinary procedures, doctors, hospitals, news, professional conduct by tracey

‘A doctor found to have urinated in a consultation room’s sink and failed to adhere to restrictions on his registration has been struck off.’

BBC News, 28th October 2024

Source: www.bbc.co.uk

Police officer jailed for breaking wife’s back – BBC News

Posted October 28th, 2024 in domestic violence, grievous bodily harm, imprisonment, news, police, sentencing by tracey

‘A police officer who broke his wife’s back after kicking her down stairs has been jailed for two-and-a-half years.’

BBC News, 25th October 2024

Source: www.bbc.co.uk

Predator in ‘UK’s largest catfishing case’ drove 12-year-old girl to suicide – The Independent

Posted October 28th, 2024 in blackmail, child abuse, children, homicide, imprisonment, internet, news, sentencing, sexual offences, suicide by tracey

‘A serial catfish abuser from Northern Ireland who caused one of his victims in the US to take her own life has been jailed for life with a minimum of 20 years.’

The Independent, 26th October 2024

Source: www.independent.co.uk

Man who lost home to coastal erosion loses court case against UK government – The Guardian

Posted October 28th, 2024 in climate change, disability discrimination, disabled persons, environmental protection, equality, government departments, housing, human rights, news by tracey

‘An East Anglian man who lost his home to coastal erosion has lost his high court challenge against the government’s climate adaptation plans.’

The Guardian, 25th October 2024

Source: www.theguardian.com

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