25/11/2024 – Current Awareness

BAILII – Recent Decisions

Posted November 25th, 2024 in law reports by tracey

Supreme Court

Kireeva v Bedzhamov [2024] UKSC 39 (20 November 2024)

Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] UKSC 41 (20 November 2024)

Cobalt Data Centre 2 LLP & Anor, R. (on the application of) v Revenue and Customs [2024] UKSC 40 (20 November 2024)

Court of Appeal (Civil Division)

Branco-Bonfim, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 1421 (20 November 2024)

Court of Appeal (Criminal Division)

Deeprose, R. v [2024] EWCA Crim 1431 (22 November 2024)

Badelita v R. [2024] EWCA Crim 1427 (20 November 2024)

Hartt & Ors v Pembrokeshire County Council [2024] EWCA Crim 1425 (20 November 2024)

High Court (Administrative Court)

SA v The Buftea Court, Romania [2024] EWHC 2950 (Admin) (21 November 2024)

SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin) (21 November 2024)

Wareing v Bar Standards Board [2024] EWHC 2946 (Admin) (20 November 2024)

Hippolyte v Secretary of State for the Home Department [2024] EWHC 2968 (Admin) (20 November 2024)

Zimer v Regional Court in Szczecin, Poland [2024] EWHC 2933 (Admin) (19 November 2024)

High Court (Chancery Division)

Commissioners for His Majesty’s Revenue and Customs v Purity Ltd [2024] EWHC 2965 (Ch) (22 November 2024)

Thom Browne Inc & Anor v adidas AC & Ors [2024] EWHC 2990 (Ch) (22 November 2024)

Dattani & Anor v Messrs Ferns Solicitors [2024] EWHC 2980 (Ch) (22 November 2024)

Armstrong v Armstrong & Anor [2024] EWHC 2989 (Ch) (22 November 2024)

Deutsche Bank AG London & Anor v Provincia di Brescia [2024] EWHC 2967 (Ch) (20 November 2024)

High Court (Commercial Court)

Bugsby Property LLC & Anor v Omni Bridgeway (Fund 5) Cayman Investments Ltd & Anor [2024] EWHC 2986 (Comm) (25 November 2024)

Invest Bank PSC v El-Husseini & Ors [2024] EWHC 2976 (Comm) (21 November 2024)

Columbia Pictures Corporation Ltd v Wanda Kids Cultural Development Co., Ltd [2024] EWHC 2921 (Comm) (20 November 2024)

High Court (Family Division)

EF v Human Fertilisation and Embryology Authority [2024] EWHC 3004 (Fam) (22 November 2024)

Hazeltine, Re [2024] EWHC 2982 (Fam) (21 November 2024)

High Court (King’s Bench Division)

PMC v A Local Health Board [2024] EWHC 2969 (KB) (22 November 2024)

University and College Union v Person(s) Unknown [2024] EWHC 2998 (KB) (22 November 2024)

Fraser v Ministry of Defence [2024] EWHC 2977 (KB) (21 November 2024)

Attaei v Alsharif & Ors [2024] EWHC 2972 (KB) (21 November 2024)

Tait v Torbay and South Devon NHS Foundation Trust [2024] EWHC 2958 (KB) (20 November 2024)

Samuels t/a Samuels & Co Solicitors v Henry [2024] EWHC 2898 (KB) (20 November 2024)

Basildon Borough Council v Saunders & Ors [2024] EWHC 2954 (KB) (20 November 2024)

Source: www.bailii.org

Political views vs philosophical beliefs: Fairbanks – Law & Religion UK

Posted November 25th, 2024 in belief discrimination, bullying, employment, equality, harassment, news, political parties by tracey

‘In Mrs C Fairbanks v Change Grow Live [2024] UKET 2409700/2023, Mrs Fairbanks had been employed by Change Grow Live (CGL), a charity, as a recovery worker based in Fleetwood from October 2022 until she was dismissed in July 2023. She had been a local councillor for the UK Independence Party between about 2017 and 2019, and at the job interview, she had told the charity that she had been a councillor but had not told them which party she had represented.’

Law & Religion UK, 25th November 2024

Source: lawandreligionuk.com

Lateness – excusable and otherwise – Nearly Legal

Posted November 25th, 2024 in appeals, housing, landlord & tenant, local government, news, paralegals, solicitors, time limits by tracey

‘Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet). This was an appeal to the High Court of the County Court’s refusal to give permission for an out of time section 204 appeal. Southwark had found on review that a property offered to Ms Idara was suitable and so her refusal of the property discharged Southwark’s housing duty.’

Nearly Legal, 24th November 2024

Source: nearlylegal.co.uk

New legal privilege guidance for in-house lawyers in England – OUT-LAW.com

Posted November 25th, 2024 in disclosure, employment, legal profession, news, privilege, solicitors, Solicitors Regulation Authority by tracey

‘Legal advice given by in-house lawyers will, under English law, attract privilege in the same way as legal advice given by any other lawyers, but there are certain issues in-house lawyers should pay particular attention to when considering legal professional privilege, according to new guidance by the Solicitors Regulation Authority (SRA).’

OUT-LAW.com, 22nd November 2024

Source: www.pinsentmasons.com

When AI meets planning – Local Government Lawyer

Posted November 25th, 2024 in artificial intelligence, local government, news, planning by tracey

‘Roy Pinnock and Maria Polycarpou look at the need to strike a balance between efficiency and clarity when it comes to the use of AI in the field of planning.’

Local Government Lawyer, 22nd November 2024

Source: www.localgovernmentlawyer.co.uk

World Heritage Sites – the Stonehenge judgment – Local Government Lawyer

Posted November 25th, 2024 in appeals, local government, monuments, news, planning, roads by tracey

‘Simon Barnes highlights the key aspects which are relevant to local government from the recent Court of Appeal judgment dismissing a challenge to a development consent order affecting Stonehenge.’

Local Government Lawyer, 22nd November 2024

Source: www.localgovernmentlawyer.co.uk

Retired judge to front collective action against Google – Legal Futures

Posted November 25th, 2024 in advertising, appeals, barristers, class actions, compensation, competition, consumer protection, internet, judges, news by tracey

‘A retired deputy High Court judge is set to front a collective action worth billions of pounds alleging that Google has abused its dominant position in online search advertising.’

Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

Law firm’s poor work did not undermine rapist’s conviction – Legal Futures

Posted November 25th, 2024 in appeals, barristers, child abuse, law firms, news, ombudsmen, prosecutions, rape, sexual offences, solicitors, trials by tracey

‘The Court of Appeal has upheld the safety of a man’s conviction for rape despite the Legal Ombudsman criticising his solicitors’ poor conduct of the case.’

Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

Judge blasts City firm’s “disgraceful” and “improper” conduct – Legal Futures

Posted November 25th, 2024 in costs, fees, fraud, insolvency, law firms, misrepresentation, negligence, news, solicitors, winding up by tracey

‘A judge has condemned the London arm of a US law firm for sending a “disgraceful” letter to a competitor of one of its clients.’

Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

The case for FDAC: a speech by Lord Justice Peter Jackson – Courts & Tribunals Judiciary

Posted November 25th, 2024 in alcohol abuse, alcoholism, children, drug abuse, families, judges, news, speeches by tracey

‘The following speech was given by Lord Peter Jackson to the Family Drug and Alcohol Court Judges Conference at Inner Temple in London on 22 December 2024.’

Courts & Tribunals Judiciary, 22nd November 2024

Source: www.judiciary.uk

More ‘dither and delay’? Government issues timetable for leasehold reform – Law Society’s Gazette

Posted November 25th, 2024 in bills, delay, government departments, housing, Law Commission, leases, news by tracey

‘The government has finally delivered a timetable for reforming the “feudal” leasehold system in England and Wales, but some campaigners have again accused Labour of procrastination.’

Law Society's Gazette, 22nd November 2024

Source: www.lawgazette.co.uk

Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs – Financial Remedies Journal

Posted November 25th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by tracey

‘Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.’

Financial Remedies Journal, 21st November 2024

Source: financialremediesjournal.com

Nurse banned for putting hand down pyjama bottoms – BBC News

Posted November 25th, 2024 in abuse of position of trust, disciplinary procedures, news, nurses, professional conduct, sexual offences by tracey

‘A psychiatric nurse who put his hand down a patient’s pyjama bottoms and touched her private parts has been struck off by his professional standards body.’

BBC News, 25th November 2024

Source: www.bbc.co.uk

Allison Pearson: Police drop investigation into social media post by journalist – The Independent

Posted November 25th, 2024 in freedom of expression, incitement, media, news, police, public order, racism by tracey

‘Essex Police have closed an investigation into columnist Allison Pearson for alleged incitement of racial hatred over a social media post. The force said it would be conducting an independent review will be launched into the force’s handling of the case which centred around a now-deleted X/Twitter post published last year.’

The Independent, 21st November 2024

Source: www.independent.co.uk

Autistic man still locked up for murder under joint enterprise laws 10 years after friend stabbed stranger – The Independent

Posted November 25th, 2024 in appeals, autism, Criminal Cases Review Commission, criminal justice, disabled persons, families, imprisonment, joint enterprise, miscarriage of justice, murder, news, offensive weapons, sentencing, United Nations by tracey

‘Despite Alex Henry running from the scene and being diagnosed with autism, he remains behind bars.’

The Independent, 23rd November 2024

Source: www.independent.co.uk

NHS bosses who silence whistleblowers face sack under government plans – The Guardian

Posted November 25th, 2024 in disciplinary procedures, disclosure, government departments, hospitals, news, professional conduct, statutory duty, whistleblowers by tracey

‘NHS managers who silence whistleblowers or endanger patients through misconduct face being sacked and barred from working in the health service for life under radical government plans to regulate thousands of bosses for the first time.’

The Guardian, 24th November 2024

Source: www.theguardian.com

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