BAILII: Recent Decisions

Posted December 3rd, 2024 in law reports by tracey

Court of Appeal (Civil Division)

McCalla v Secretary of State for Defence [2024] EWCA Civ 1467 (02 December 2024)

Davda v The Institute and Faculty of Actuaries [2024] EWCA Civ 1460 (02 December 2024)

Secretary of State for Work and Pensions v Versnick & Anor [2024] EWCA Civ 1454 (29 November 2024)

Dairy UK Ltd v Oatly AB [2024] EWCA Civ 1453 (29 November 2024)

High Court (Administrative Court)

Wallis, R (on the application of) v North Northamptonshire Council [2024] EWHC 3076 (Admin) (02 December 2024)

Nicholls v Government of the United States of America [2024] EWHC 3071 (Admin) (29 November 2024)

QA, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 3064 (Admin) (29 November 2024)

ZHB, R (On the Application Of) v The City And County of Cardiff Council [2024] EWHC 3079 (Admin) (29 November 2024)

Kozubal v Regional Court In Rzeszow, Poland [2024] EWHC 3032 (Admin) (29 November 2024)

High Court (Chancery Division)

JMW Solicitors LLP & Ors v Injury Lawyers 4U Ltd & Ors [2024] EWHC 3103 (Ch) (03 December 2024)

Gladwin v RSM UK Restructuring Advisory LLP [2024] EWHC 3054 (Ch) (02 December 2024)

Wilkinson v Maher & Ors (Re Pocket Renting Ltd) [2024] EWHC 2948 (Ch) (29 November 2024)

Norman v N & CJ Horton Property [2024] EWHC 2994 (Ch) (29 November 2024)

High Court (Commercial Court)

Yamada Ltd v Setara Holdings Inc & Ors [2024] EWHC 3095 (Comm) (02 December 2024)

SFL Ace 2 Company Inc v DCW Management Ltd & Ors [2024] EWHC 3074 (Comm) (29 November 2024)

Hotel Portfolio II UK Ltd v Marlborough Developments Ltd & Ors [2024] EWHC 3075 (Comm) (29 November 2024)

Barclays Bank PLC v VEB.RF [2024] EWHC 3088 (Comm) (28 November 2024)

High Court (Family Division)

K v M [2024] EWHC 3081 (Fam) (29 November 2024)

High Court (King’s Bench Division)

Amberside Energy (Development) Ltd & Ors v Ahmed & Anor [2024] EWHC 3077 (KB) (02 December 2024)

Byrne v Motorsport Vision Racing Ltd & Ors [2024] EWHC 2966 (KB) (29 November 2024)

Abayomi v CIFAS [2024] EWHC 3060 (KB) (29 November 2024)

Source: www.bailii.org

Landlord behind 15-room unlicensed HMO sentenced – Local Government Lawyer

Posted December 3rd, 2024 in news by tracey

‘Runnymede Borough Council has successfully prosecuted a landlord who converted a three-bedroom bungalow into a 15-room unlicensed house of multiple occupation (HMO).’

Full Story

Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Judge refuses permission for judicial review of age assessment, finding it was carried out in accordance with Welsh Government toolkit – Local Government Lawyer

Posted December 3rd, 2024 in news by tracey

‘The High Court has refused permission to challenge by way of judicial review an age assessment carried out by social workers employed by a Welsh council, which concluded that the claimant was an adult.’

Full Story

Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Licensing considerations for UK hospitality at Christmas – OUT-LAW.com

Posted December 3rd, 2024 in news by tracey

‘The festive season in the UK throughout December into early January is traditionally a period when family, friends and colleagues get together in restaurants, bars, cafes and other hospitality settings to socialise – perhaps more so than at any other time of the year.’

Full Story

OUT-LAW.com, 3rd December 2024

Source: www.pinsentmasons.com

“Blurred distinctions” as legal aid solicitors do their own advocacy – Legal Futures

Posted December 3rd, 2024 in news by tracey

‘The distinction between solicitors and barristers is becoming increasingly “blurred” in civil legal aid cases as solicitors do their own advocacy, research for the government’s review of civil legal aid has found.’

Full Story

Legal Futures, 3rd December 2024

Source: www.legalfutures.co.uk

Victims to be given more protection in stalking crackdown – Home Office

Posted December 3rd, 2024 in news by tracey

‘Stalking victims will be better protected under a raft of new measures unveiled by the Home Office.’

Full Story

Home Office, 3rd December 2024

Source: www.gov.uk

Magistrate’s letter on ‘the acceptability of absent fathers’ leads to formal advice – Law Society’s Gazette

Posted December 3rd, 2024 in news by tracey

‘A magistrate who remarked on the “relentless rise in the acceptability of” absent fathers has been issued with formal advice.’

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Law Society's Gazette, 2nd December 2024

Source: www.lawgazette.co.uk

‘Most wanted man’ jailed for role in £4.5m drug gang – BBC News

Posted December 3rd, 2024 in news by tracey

‘A man named on the UK’s most wanted list after supplying £4.5m worth of cocaine across the West and South West has been jailed for 18 years.’

Full Story

BBC News, 2nd December 2024

Source: www.bbc.co.uk

Covid corruption commissioner starts fraud probe – BBC News

Posted December 3rd, 2024 in news by tracey

‘The new Covid corruption commissioner has started an investigation into personal protective equipment (PPE) fraud. Tom Hayhoe’s first task will be reviewing the £8.7bn of PPE bought during the pandemic that then had to be written off the government’s books.’

Full Story

BBC News, 3rd December 2024

Source: www.bbc.co.uk

Stalking victims will be able to learn who the perpetrator is under new crackdown – The Independent

Posted December 3rd, 2024 in news by tracey

‘Stalking victims will be able to learn their perpetrator’s identity more quickly under new measures unveiled by the government. Perpetrators will be subject to a tougher restraining order system as new policies make it easier for victims to obtain Stalking Protection Orders to stop offenders from pursuing and harassing them.’

Full Story

The Independent, 3rd December 2024

Source: www.independent.co.uk

‘Dangerous’ 17-year-old handed life sentence for killing woman – The Guardian

Posted December 3rd, 2024 in news by tracey

‘A “dangerous” teenager who shot a woman in the head through the front door of her home in east London has been handed a life sentence.’

Full Story

The Guardian, 2nd December 2024

Source: www.theguardian.com

Trees in Churchyards – Law & Religion UK

Posted December 2nd, 2024 in news by tracey

‘Trees seldom feature in the deliberations of the consistory courts, and since 2014 L&RUK has only reviewed 23 judgments in this area – just 1.9% of the total[*]. In June 2024, the Ecclesiastical Law Association (ELA) re-circulated Re St. Kenelm Upper Snodsbury [2001] Worcester Const. Ct., Mynors Ch on the basis that it was the first consistory court judgment since changes were made under the Faculty Jurisdiction Rules 2000 (SI 2047); this recognized that petitions concerning works to trees were quite different from those relating to building works and provides a special procedure accordingly.

This post includes summaries of Re St. Kenelm Upper Snodsbury and these twenty two subsequently reported cases which have been posted on L&RUK over the period 2015 to present; in descending chronological order.’

Full Story

Law & Religion UK, 2nd December 2024

Source: lawandreligionuk.com

Fees before the Tenant Fees Act, after the Tenant Fees Act. – Nearly Legal

Posted December 2nd, 2024 in news by tracey

‘Martyna Switaj v Adrian McClenaghan (2024) EWCA Civ 1457. The Court of Appeal on the status of a fee related to a tenancy taken before the Tenant Fees Act 2019 came into force on 1 June 2019 and the impact on the validity of a section 21 notice.’

Full Story

Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

Posthumous Right to Buy – Nearly Legal

Posted December 2nd, 2024 in news by tracey

‘Howe v Brent London Borough Council (2024) EWCA Civ 1444. Just a quick note on this Court of Appeal judgment on whether “a family member (B) of a secure tenant with a right to buy their home (A) is able to exercise a shared right to buy if A, whose right is established, dies after B’s entitlement to share A’s right to buy has been claimed by A, but before the landlord has accepted B’s right or it has been established by the County Court.” ‘

Full Story

Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

Changes to payment practices and performance reporting for large businesses – OUT-LAW.com

Posted December 2nd, 2024 in news by tracey

‘Large businesses in the UK preparing for the 2024-25 reporting season will need to be aware of the latest changes to the payment practices and performance reporting requirements.’

Full Story

OUT-LAW.com, 29th November 2024

Source: www.pinsentmasons.com

Francesca Jackson: Should the Monarch Pay Inheritance Tax? – UK Constitutional Law Association

Posted December 2nd, 2024 in news by tracey

‘The recent protests by farmers over changes to the rules on inheritance tax have raised questions over who, if anyone, should be exempt from paying it – including King Charles, as an episode of Newsnight has recently highlighted.’

Full Story

UK Constitutional Law Association, 2nd December 2024

Source: ukconstitutionallaw.org

Perception of harm as a material planning consideration – Local Government Lawyer

Posted December 2nd, 2024 in news by tracey

‘The perception of harm has an important role to play as part of the consideration of a planning application, writes Anne Gerzon.’

Full Story

Local Government Lawyer, 29th November 2024

Source: www.localgovernmentlawyer.co.uk

Defending cycling pothole claims – Local Government Lawyer

Posted December 2nd, 2024 in news by tracey

‘A recent High Court ruling could help with the defence of cycling pothole claims, writes John Goodman.’

Full Story

Local Government Lawyer, 29th November 2024

Source: www.localgovernmentlawyer.co.uk

New measures to protect victims of domestic abuse – Ministry of Justice

Posted December 2nd, 2024 in news by tracey

‘Domestic abusers will be ordered to stay away from their victims and face tougher restrictions with the launch of new protective orders today.’

Full Story

Ministry of Justice, 28th November 2024

Source: www.gov.uk

High public confidence in barristers falters among ethnic minorities – Legal Futures

Posted December 2nd, 2024 in barristers, equality, legal profession, news, race discrimination, statistics by tracey

‘Public confidence in barristers is high, but lower among those from minority backgrounds, especially when it comes to perceptions of whether they treat everyone fairly, new research has found.’

Full Story

Legal Futures, 2nd December 2024

Source: www.legalfutures.co.uk