BAILII: Recent Decisions

Posted December 12th, 2024 in law reports by tracey

Supreme Court

Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] UKSC 41 (11 December 2024)

Frenkel v LA Micro Group (UK) Ltd & Ors [2024] UKSC 42 (11 December 2024)

Court of Appeal (Civil Division)

HSBC Bank PLC v Chevalier-Firescu [2024] EWCA Civ 1550 (11 December 2024)

Prismall v Google UK Ltd & Anor [2024] EWCA Civ 1516 (11 December 2024)

Secretary of State for Levelling Up, Housing and Communities v Rogers (Rev1) [2024] EWCA Civ 1554 (11 December 2024)

Test Valley Borough Council v Fiske [2024] EWCA Civ 1541 (10 December 2024)

Court of Appeal (Criminal Division)

Bah v Rex [2024] EWCA Crim 1499 (11 December 2024)

High Court (Administrative Court)

Daulby, R (On the Application Of) v Parole Board for England and Wales [2024] EWHC 3200 (Admin) (11 December 2024)

HS & Anor, R (On the Application Of) v Secretary of State for Foreign, Commonwealth & Development Affairs [2024] EWHC 3197 (Admin) (11 December 2024)

Nosek v District Court of Lublin, Poland [2024] EWHC 3119 (Admin) (10 December 2024)

High Court (Chancery Division)

Dennis & Ors v Queenwood Golf Club Ltd [2024] EWHC 3191 (Ch) (11 December 2024)

Saint Benedict’s Land Trust Ltd v Borough Council of King’s Lynn And West Norfolk [2024] EWHC 3118 (Ch) (09 December 2024)

Kigen (UK) Ltd v NOR Capital Ltd [2024] EWHC 3164 (Ch) (09 December 2024)

Waite v Skilton & Ors [2024] EWHC 3153 (Ch) (09 December 2024)

JTC Employer Solutions Trustee Ltd & Ors v Garnett & Anor (Rev1) [2024] EWHC 3128 (Ch) (09 December 2024)

Bionome Technology Ltd v Clearwater [2024] EWHC 3155 (Ch) (09 December 2024)

Crypto Open Patent Alliance v Wright [2024] EWHC 3135 (Ch) (06 December 2024)

Hipgnosis Music Ltd v Mercuriadis & Ors [2024] EWHC 3127 (Ch) (05 December 2024)

Commissioners for His Majesty’s Revenue and Customs v Ducas Ltd & Ors [2024] EWHC 3132 (Ch) (05 December 2024)

Mittal & Anor v Berthier & Ors (Re ACL Astute 2022 Ltd & ACL Astute 2006 Ltd) [2024] EWHC 3122 (Ch) (04 December 2024)

High Court (Commercial Court)

Republic of Mozambique v Credit Suisse International & Ors (No. 13: Application by Privinvest Companies for Permission to Appeal) [2024] EWHC 3188 (Comm) (10 December 2024)

Smith, In the Matter Of (Re Criminal Justice Act 1988 – Contempt of Court) [2024] EWHC 3161 (Comm) (06 December 2024)

Dynamo Recoveries Ltd & Anor v Nix [2024] EWHC 3116 (Comm) (06 December 2024)

TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2024] EWHC 3146 (Comm) (06 December 2024)

Smith, In the Matter Of (Re Criminal Justice Act 1988 – Contempt of Court) [2024] EWHC 3154 (Comm) (06 December 2024)

Banco de Sabadell SA v Cerberus Global NPL Associates LLC & Ors [2024] EWHC 3022 (Comm) (04 December 2024)

High Court (Family Division)

F v M & Anor (Rev1) [2024] EWHC 3190 (Fam) (10 December 2024)

X, Re (Intercountry Adoption: Kafala: Noncompliance s.83 ACA 2002) [2024] EWHC 3198 (Fam) (10 December 2024)

High Court (King’s Bench Division)

Various Claimants v Mercedes-Benz Group AG & Ors [2024] EWHC 3186 (KB) (11 December 2024)

Chirkunov v Person(S) Unknown & Ors [2024] EWHC 3177 (KB) (11 December 2024)

Samrai & Ors v Kalia [2024] EWHC 3143 (KB) (09 December 2024)

Amadu-Abdullah v The Commissioner of Police of the Metropolis [2024] EWHC 3162 (KB) (06 December 2024)

Armeniakou v Thomson [2024] EWHC 3150 (KB) (06 December 2024)

London Borough of Enfield v Persons Unknown [2024] EWHC 3142 (KB) (06 December 2024)

Smith v Poulton & Ors [2024] EWHC 3115 (KB) (05 December 2024)

CXC v Clarke & Anor [2024] EWHC 3138 (KB) (05 December 2024)

Carr v Chief Constable of Kent Constabulary [2024] EWHC 3120 (KB) (05 December 2024)

Shell UK Ltd v Persons Unknown [2024] EWHC 3130 (KB) (05 December 2024)

High Court (Technology and Construction Court)

Mornington 2000 LLP (t/a Sterilab Services) & Anor v Secretary of State for Health and Social Care [2024] EWHC 3180 (TCC) (11 December 2024)

381 Southwark Park Road RTM Company Ltd & Ors v Click St Andrews Ltd & Anor [2024] EWHC 3179 (TCC) (11 December 2024)

Source: www.bailii.org

Pilot of Channel inflatable loses bid to appeal against manslaughter verdict – The Guardian

Posted December 12th, 2024 in news by sally

‘A man convicted of manslaughter after four people died as he steered a boat across the Channel has lost his attempt to challenge his convictions and sentence.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

“It all happened so long ago…” – Pensions Barrister

Posted December 12th, 2024 in news by sally

‘In the first part of a major two-part article on the use of evidence law in pensions cases, Paul Newman KC considers the extent to which evidence law can overcome missing pension scheme documents.’

Full Story

Pensions Barrister, 11th December 2024

Source: www.pensionsbarrister.com

Puberty blockers to be banned indefinitely for under-18s across UK – The Guardian

Posted December 12th, 2024 in children, emergency powers, gender, medical treatment, news, transgender persons by sally

‘Puberty blockers for under-18s with gender dysphoria will be banned indefinitely across the UK except for use in clinical trials, Labour has announced.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

Right to jury trial under threat as Leveson asked to carry out ‘once in generation’ review of courts – The Independent

Posted December 12th, 2024 in criminal justice, Crown Court, delay, magistrates, news, sentencing by sally

‘Sir Brian Leveson is to lead a “once in a generation” review of the courts system in England and Wales to deal with the spiralling backlog of cases.’

Full Story

The Independent, 12th December 2024

Source: www.independent.co.uk

Ombudsman demands social housing providers address “complacency” towards dealing with hazards – Local Government Lawyer

Posted December 12th, 2024 in health, health & safety, housing, news, ombudsmen by sally

‘The Housing Ombudsman has urged housing providers to improve their response to hazards ahead of the introduction of Awaab’s Law.’

Full Story

Local Government Lawyer, 11th December 2024

Source: www.localgovernmentlawyer.co.uk

UK veterans fired over sexuality to get £70,000 in compensation – The Guardian

Posted December 12th, 2024 in armed forces, compensation, dismissal, homosexuality, news by sally

‘Thousands of British military personnel who were dismissed from service because of their homosexuality will be able to apply for payments worth up to £70,000 each from today, to recognise the distress caused by a ban that applied between 1967 and 2000.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

Supreme court grants permission for appeal against UK car finance ruling – The Guardian

‘The supreme court has granted permission for two car lenders to appeal against a landmark ruling on motor finance commission payments that has left firms fearing a potential £30bn compensation bill.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

Court examines conditions for granting imaging orders – OUT-LAW.com

Posted December 12th, 2024 in disclosure, evidence, news, search & seizure by sally

‘A ruling in a case involving a former boss of controversial data analytics company, Cambridge Analytica, provides some clarity on when parties to litigation in England and Wales can obtain imaging orders to preserve potentially important electronic evidence.’

Full Story

OUT-LAW.com, 10th December 2024

Source: www.pinsentmasons.com

CA to consider whether Stonewall “induced” chambers’ discrimination – Legal Futures

‘The Court of Appeal is to consider a barrister’s claim that LGBT charity Stonewall “caused or induced” discrimination against her by her chambers.’

Full Story

Legal Futures, 12th December 2024

Source: www.legalfutures.co.uk

Woman who died after ‘butt lift’ surgery did not give informed consent, Bolton coroner rules – The Guardian

Posted December 12th, 2024 in news by sally

‘A 26-year-old woman died after she was subjected to a “frankly barbaric” Brazilian butt lift procedure without giving informed consent, a coroner has ruled.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

Man jailed for murdering friend at his flat – BBC News

Posted December 12th, 2024 in news by sally

‘A man has been jailed after murdering his terminally ill friend and taking photos of his body at his flat.’

Full Story

BBC News, 11th December 2024

Source: www.bbc.co.uk

Court of Appeal hands down ruling on restrictions on use of section 73 TCPA – Local Government Lawyer

Posted December 12th, 2024 in news by sally

‘Test Valley Borough Council has lost a case in the Court of Appeal over the use of section 73 of the Town and County Planning Act 1990.’

Full Story

Local Government Lawyer, 11th December 2024

Source: www.localgovernmentlawyer.co.uk

Father and stepmother of 10-year-old Sara Sharif found guilty of her murder – The Guardian

Posted December 12th, 2024 in news by sally

‘Sara Sharif’s father and stepmother have been found guilty of her murder, as questions are now raised over missed opportunities to save the 10-year-old.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

Specialist courts proposed to break addictions of prolific offenders in England and Wales – The Guardian

Posted December 11th, 2024 in news by sally

‘Specialist courts focused on breaking the addictions of prolific offenders are “efficient” and “a good idea”, the head of the government’s sentencing review has said as he suggested they could be rolled out across England and Wales.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

Allegations of alienating behaviour – important new guidance published – Transparency Project

Posted December 11th, 2024 in news by sally

‘The Family Justice Council (FJC) has published guidance for Family Court judges and those working in the Family Justice System, on responding to allegations of alienating behaviour.’

Full Story

Transparency Project, 11th December 2024

Source: transparencyproject.org.uk

Britain leads the world in cracking down on climate activism, study finds – The Guardian

‘British police arrest environmental protesters at nearly three times the global average rate, research has found, revealing the country as a world leader in the legal crackdown on climate activism.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

Linking skills with visas? Just make sure the Immigration Skills Charge does what it says on the tin – Kingsley Napley Immigration Law Blog

Posted December 11th, 2024 in immigration, migrant workers, news, visas by sally

‘In his speech last week, Sir Keir Starmer, the UK Prime Minister, announced plans to publish a White Paper which will link the ability to sponsor migrant workers to training “people here in our country”.’

Full Story

Kingsley Napley Immigration Law Blog, 9th December 2024

Source: www.kingsleynapley.co.uk

Gender critical belief: A legal debrief – Law Pod UK

Posted December 11th, 2024 in employment, equality, freedom of expression, gender, news, podcasts, transgender persons by sally

‘Jim Duffy is joined by fellow 1COR barristers Alasdair Henderson and Paula Kelly to examine recent judicial attempts to grapple with questions of gender in the workplace. How do the UK courts and tribunals distinguish legitimate and protected expressions of belief from harassment and transphobia?’

Full Story

Law Pod UK, 11th December 2024

Source: audioboom.com

Minister warns prison space may run out despite expansion plans – BBC News

Posted December 11th, 2024 in Ministry of Justice, news, planning, prisons, statistics by sally

‘The justice secretary has said even under the government’s plans to open 14,000 more prison places, they could still run out of space over the next few years.’

Full Story

BBC News, 11th December 2024

Source: www.bbc.co.uk