BAILII: Recent Decisions

Posted October 29th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Adodo v Tan [2024] EWCA Civ 1288 (28 October 2024)

International Entertainment Holdings Ltd & Ors v Allianz Insurance Plc [2024] EWCA Civ 1281 (28 October 2024)

Secretary of State for Justice v Sneddon [2024] EWCA Civ 1258 (28 October 2024)

Court of Appeal (Criminal Division)

Mundle, R. v [2024] EWCA Crim 1289 (24 October 2024)

High Court (Administrative Court)

General Medical Council & Anor v Dugboyele [2024] EWHC 2651 (Admin) (25 October 2024)

Friends of the Earth & Ors, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2707 (Admin) (25 October 2024)

Polom v Regional Court In Bydgoszcz (Poland) [2024] EWHC 2708 (Admin) (25 October 2024)

AM, R. (On the Application Of) v Sheffield City Council [2024] EWHC 2670 (Admin) (24 October 2024)

OAM, R (On the Application Of) v Sheffield City Council [2024] EWHC 2671 (Admin) (24 October 2024)

SH, R (On the Application Of) v Sheffield City Council [2024] EWHC 2669 (Admin) (24 October 2024)

A, R (On the Application Of) v North Central London Integrated Care Board [2024] EWHC 2682 (Admin) (23 October 2024)

HM Senior Coroner for Cornwall And the Scilly Isles v Rowe & Ors (Rev1) [2024] EWHC 2673 (Admin) (22 October 2024)

MS, R. (On the Application Of) v Kent County Council [2024] EWHC 2661 (Admin) (22 October 2024)

Walsh, R (On the Application Of) v Horsham District Council [2024] EWHC 2640 (Admin) (21 October 2024)

High Court (Chancery Division)

Allianz Funds Multi-Strategy Trust & Ors v Barclays Plc [2024] EWHC 2710 (Ch) (25 October 2024)

Malik v Messalti [2024] EWHC 2713 (Ch) (25 October 2024)

IPS Law LLP v Safe Harbour Equity Distressed Debt Fund 3 LP [2024] EWHC 2663 (Ch) (25 October 2024)

Harrington & Charles Trading Company Ltd & Ors v Mehta & Ors [2024] EWHC 2674 (Ch) (25 October 2024)

Digwood & Ors v Digwood [2024] EWHC 2729 (Ch) (24 October 2024)

A Company, Re [2024] EWHC 2656 (Ch) (21 October 2024)

Lane & Anor v Lane [2024] EWHC 2616 (Ch) (21 October 2024)

Kireeva v Zolotova & Anor [2024] EWHC 2705 (Ch) (21 October 2024)

Lightsource BP Renewable Energy Investments Holdings Ltd, RE [2024] EWHC 2648 (Ch) (21 October 2024)

Connell & Anor v Connell [2024] EWHC 2646 (Ch) (18 October 2024)

High Court (Commercial Court)

Yangtze Navigation (Asia) Co Ltd & Anor v TPT Shipping Ltd & Ors [2024] EWHC 2720 (Comm) (28 October 2024)

Source: www.bailii.org

What’s another day? – Nearly Legal

Posted October 29th, 2024 in appeals, housing, landlord & tenant, news, rent, time limits by tracey

‘Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC). An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the statutory period.’

Full Story

Nearly Legal, 27th October 2024

Source: nearlylegal.co.uk

Data protection reforms envisaged under UK ‘use and access’ bill – OUT-LAW.com

‘Significant changes to data protection law have been proposed by the UK government, including to rules relevant to the use of AI systems in decision-making processes and to the use of data for the purposes of scientific research, as well as new rules aimed at liberalising data held by public sector organisations and businesses alike.’

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OUT-LAW.com, 25th October 2024

Source: www.pinsentmasons.com

Firms must prevent sexual harassment at work under new law – BBC News

Posted October 29th, 2024 in complaints, disciplinary procedures, employment, harassment, news, regulations by tracey

‘Employers must take steps to prevent sexual harassment in the workplace, under a new law. The Worker Protection Act also states employers must discipline or hold accountable those who are found guilty of sexual harassment.’

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BBC News, 26th October 2024

Source: www.bbc.co.uk

Review led by leading planning barrister sets out recommendations for speeding up handling of legal challenges to major infrastructure projects – Local Government Lawyer

Posted October 29th, 2024 in judicial review, news, planning, reports by tracey

‘Claimants should have fewer “bites at the cherry” when seeking permission for judicial review of development consent orders (DCOs) made under the Nationally Significant Infrastructure Projects (NSIP) regime, an independent review by leading planning barrister Lord Charles Banner KC has recommended.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Bar’s licence revoked within a year of opening – BBC News

Posted October 29th, 2024 in drug abuse, licensing, news, noise by tracey

‘A bar has had its licence revoked less than a year after it opened, following repeated breaches of its conditions.’

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BBC News, 28th October 2024

Source: www.bbc.co.uk

‘No facilities available to prevent death’ – coroner – BBC News

Posted October 29th, 2024 in autism, inquests, learning difficulties, mental health, news by tracey

‘A coroner has said “facilities were simply not available in the community” to prevent the death of a man with severe mental health conditions who had been “in crisis for several months”.’

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BBC News, 28th October 2024

Source: www.bbc.co.uk

Company fined £650k for failing to protect workers – BBC News

Posted October 29th, 2024 in enforcement notices, fines, health & safety, news, waste by tracey

‘A metal recycling firm has been fined more than £650,000 for failing to implement effective control measures to protect workers.’

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BBC News, 29th October 2024

Source: www.bbc.co.uk

Drunk finance worker abused crew on flight from Mallorca after cocktail of champagne and red wine – The Independent

Posted October 29th, 2024 in airlines, alcohol abuse, assault, community service, news, sentencing by tracey

‘A finance worker who drunkenly abused fellow passengers and crew on board a flight from Mallorca to Gatwick airport has been sentenced to carry out community service, according to police.’

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The Independent, 28th October 2024

Source: www.independent.co.uk

Tommy Robinson jailed for 18 months after admitting contempt of court – The Guardian

Posted October 29th, 2024 in contempt of court, defamation, guilty pleas, injunctions, news, sentencing by tracey

‘The far-right activist Tommy Robinson has been jailed for 18 months for contempt of court for repeating false allegations against a Syrian refugee, in breach of an injunction.’

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The Guardian, 28th October 2024

Source: www.theguardian.com

Loophole exempts 355 landowners in England from inheritance tax, data shows – The Guardian

Posted October 29th, 2024 in budgets, inheritance tax, news by tracey

‘Three hundred and fifty-five wealthy landowners in England including aristocrats are benefiting from an obscure tax break worth at least £68m, data shows.’

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The Guardian, 29th October 2024

Source: www.theguardian.com

Paedophile who made ‘chilling’ AI child abuse images jailed in landmark case – The Independent

‘A man has been jailed for 18 years after creating AI-generated images of child sexual abuse in an “utterly chilling” landmark case.’

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The Independent, 28th October 2024

Source: www.independent.co.uk

Cult members jailed for plot to kidnap coroner they accused of ‘necromancy’ – The Independent

‘Cult members who plotted to kidnap and falsely imprison a coroner they accused of “necromancy” have been jailed.’

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The Independent, 29th October 2024

Source: www.independent.co.uk

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.’

Full Story

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.’

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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.’

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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

‘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.’

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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.’

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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.’

Full Story

Legal Futures, 28th October 2024

Source: www.legalfutures.co.uk