BAILII: Recent Decisions

Posted November 12th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Clapham & Ors v Narga [2024] EWCA Civ 1388 (11 November 2024)

Akbars Restaurant (Middlesbrough) Ltd v The Secretary of State for the Home Department [2024] EWCA Civ 1387 (11 November 2024)

Flohr v Frontiers Capital I Ltd Partnership [2024] EWCA Civ 1385 (11 November 2024)

Chowdhury, R (On the Application Of) v The First-tier Tribunal (Immigration And Asylum Chamber) & Anor [2024] EWCA Civ 1380 (08 November 2024)

Court of Appeal (Criminal Division)

BVY, R. v (Rev1) [2024] EWCA Crim 1355 (06 November 2024)

High Court (Chancery Division)

Sino-Ocean Group Holding Ltd, Re [2024] EWHC 2851 (Ch) (11 November 2024)

Riedweg v HCC International Insurance Plc & Anor [2024] EWHC 2805 (Ch) (11 November 2024)

Free Grammar School of John Lyon v HM Attorney General [2024] EWHC 2857 (Ch) (11 November 2024)

Alpha Schools (Holdings) Ltd v Signal Alpha III Fund LP [2024] EWHC 2862 (Ch) (11 November 2024)

High Court (Family Division)

A and B (Adoption: Section 83 ACA 2002) [2024] EWHC 2837 (Fam) (08 November 2024)

Source: www.bailii.org

UK financial regulators issue guidance on authorised person changes in control – OUT-LAW.com

‘New Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) guidance sets out the regulators’ expectations on interpreting key concepts relevant to change in control.’

Full Story

OUT-LAW.com, 11th November 2024

Source: www.pinsentmasons.com

Liability of Police Authorities and the Decision in Tindall v Chief Constable of Thames Valley Police – Ropewalk Personal Injury Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33. The decision is the latest in many higher court decisions regarding the liability of police authorities to the public where they suffer injury.’

Full Story

Ropewalk Personal Injury Blog, 11th November 2024

Source: ropewalk.co.uk

Police not liable for failing to protect someone from injury: Supreme Court – UK Human Rights Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) [2024] UKSC 33, on appeal from [2022] EWCA Civ 25. The Supreme Court has affirmed that there is no duty of care, and hence no liability in negligence, for failing to confer a benefit, which includes failing to protect a person from injury, as opposed to making matters worse. This applies equally to public authorities such as the police as it does to private individuals.’

Full Story

UK Human Rights Blog, 11th November 2024

Source: ukhumanrightsblog.com

Orders protecting against risk of FGM should be “focused, targeted and proportionate” to specific risks established, says High Court judge – Local Government Lawyer

Posted November 12th, 2024 in families, female genital mutilation, local government, news, proportionality by tracey

‘The High Court has discharged a Prohibited Steps Order (PSO) made to protect a now teenage girl against the risks of Female Genital Mutilation (FGM), after finding “no evidence” of an ongoing risk of FGM to the girl, and finding that the order continued to have a “profound impact on her competing rights and freedoms”.’

Full Story

Local Government Lawyer, 11th November 2024

Source: www.localgovernmentlawyer.co.uk

Council prosecutes pair after finding licensed taxi business used unlicensed taxi driver – Local Government Lawyer

Posted November 12th, 2024 in licensing, local government, news, prosecutions, taxis by tracey

‘Two men have been prosecuted by Lichfield District Council after licensing officers caught a licensed taxi company handing business to a driver without a taxi licence.’

Full Story

Local Government Lawyer, 11th November 2024

Source: www.localgovernmentlawyer.co.uk

Much ado about timescales – planning challenges – Local Government Lawyer

Posted November 12th, 2024 in areas of outstanding natural beauty, housing, news, planning, service, time limits by tracey

‘A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.’

Full Story

Local Government Lawyer, 9th November 2024

Source: www.localgovernmentlawyer.co.uk

Employment law silks clash over impact of BSB equality duty – Legal Futures

Posted November 12th, 2024 in barristers, consultations, diversity, equality, news, standards by tracey

‘Two leading employment law silks have clashed over the new, proactive equality duty proposed by the Bar Standards Board (BSB).’

Full Story

Legal Futures, 12th November 2024

Source: www.legalfutures.co.uk

Former piano teacher jailed for prolific sexual offences against 19 victims – Crown Prosecution Service

Posted November 12th, 2024 in child abuse, news, sentencing, sexual offences, teachers, voyeurism by tracey

‘A former director of music at a private school who indecently assaulted 10 pupils has been jailed today for 12 years for a number of sexual offences.’

Full Story

Crown Prosecution Service, 11th November 2024

Source: www.cps.gov.uk

Drivers fined for ignoring ‘school streets’ rules – BBC News

Posted November 12th, 2024 in fines, news, road safety, road traffic, school children by tracey

‘Nearly 3,000 fines have been given to motorists for continuing to ignore new traffic-free zones set up around schools in a part of Kent.’

Full Story

BBC News, 12th November 2024

Source: www.bbc.co.uk

Ex-inmate jailed for prison worker video posting – BBC News

‘A former inmate of Wales’ only privately run jail has been sent to prison after he posted on a Facebook group a video of a staff member restraining a prisoner.’

Full Story

BBC News, 11th November 2024

Source: www.bbc.co.uk

Covid denier who posted violent threats against Chris Whitty jailed for five years – The Guardian

Posted November 12th, 2024 in coronavirus, internet, news, sentencing, terrorism by tracey

‘A Covid denier who suggested “whacking” Prof Sir Chris Whitty with a rounders bat has been jailed for five years after being convicted of encouraging terrorism.’

Full Story

The Guardian, 11th November 2024

Source: www.theguardian.com

Bishop calls on Welby to resign over Church abuse scandal – BBC News

Posted November 12th, 2024 in child abuse, Church of England, clergy, news, reports by tracey

‘A Church of England bishop has called on the Archbishop of Canterbury to resign, calling his position “untenable” after a damning report into a prolific child abuser associated with the Church.’

Full Story

BBC News, 11th November 2024

Source: www.bbc.co.uk

Issues at rat-infested prison laid bare in report – BBC News

Posted November 12th, 2024 in health & safety, news, prisons, reports by tracey

‘The full extent of conditions at a rat-infested jail has been revealed in a report that calls for urgent improvements.’

Full Story

BBC News, 12th November 2024

Source: www.bbc.co.uk

Only one in 10 sexual assault survivors in England and Wales would report crime again, survey shows – The Guardian

Posted November 12th, 2024 in mental health, news, police, prosecutions, rape, sexual offences, statistics, victims by tracey

‘Rape victims in England and Wales have echoed the message of Gisèle Pelicot in France that “shame belongs to perpetrators, not them”, in the largest ever survey of rape and sexual assault survivors, according to the government’s key adviser on the crime.’

Full Story

The Guardian, 12th November 2024

Source: www.theguardian.com

Licences granted to nearly 200 UK care providers despite labour law violations – The Guardian

Posted November 12th, 2024 in care homes, care workers, employment, immigration, licensing, news, reports by tracey

‘Nearly 200 care providers have been given government licences to bring foreign nurses to the UK despite having previously violated labour laws, according to a study that highlights widespread employment problems in the social care sector.’

Full Story

The Guardian, 12th November 2024

Source: www.theguardian.com

Church covered up ‘abhorrent’ abuse, report finds – BBC News

Posted November 12th, 2024 in assault, barristers, child abuse, Church of England, news, reports, sexual offences by tracey

‘A British barrister’s “horrific” and violent abuse of more than 100 children and young men was covered up within the Church of England for decades, according to the conclusion of a damning report.’

Full Story

BBC News, 7th November 2024

Source: www.bbc.co.uk