BAILII: Recent Decisions

Posted May 23rd, 2024 in law reports by sally

Court of Appeal (Civil Division)

Carey Street Investments Ltd & Anor v Brown & Anor [2024] EWCA Civ 571 (22 May 2024)

Royal & Sun Alliance Insurance PLC & Ors v Textainer Group Holdings Ltd & Ors [2024] EWCA Civ 547 (22 May 2024)

Isbilen v Turk & Ors [2024] EWCA Civ 568 (22 May 2024)

Dawes, R (On the Application Of) v Secretary of State for Transport & Anor [2024] EWCA Civ 560 (21 May 2024)

Commissioners for His Majesty’s Revenue and Customs v Hotel La Tour Ltd (Rev1) [2024] EWCA Civ 564 (21 May 2024)

Djurberg v Thames Properties (Hampton) Ltd & Ors [2024] EWCA Civ 549 (21 May 2024)

Thakkar & Ors v Mican & Anor [2024] EWCA Civ 552 (20 May 2024)

Options UK Personal Pensions LLP v Financial Ombudsman Service Ltd [2024] EWCA Civ 541 (20 May 2024)

Court of Appeal (Criminal Division)

Dewey v R. [2024] EWCA Crim 409 (22 May 2024)

Leitch & Ors, R. v [2024] EWCA Crim 563 (22 May 2024)

High Court (Administrative Court)

Strongroom Ltd, R (On the Application Of) v London Borough of Hackney [2024] EWHC 1221 (Admin) (22 May 2024)

Oyston v Blackpool Council [2024] EWHC 1224 (Admin) (21 May 2024)

National Council for Civil Liberties, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1181 (Admin) (21 May 2024)

Wellingborough Walks Action Group Ltd, R (On the Application Of) v North Northamptonshire Council [2024] EWHC 1225 (Admin) (21 May 2024)

High Court (Chancery Division)

Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 1245 (Ch) (22 May 2024)

Ackerman v Leeds & Ors (Re Insolvency Act 1986) [2024] EWHC 1215 (Ch) (22 May 2024)

Invenio Business Solutions Ltd & Anor v Goyal & Anor [2024] EWHC 1236 (Ch) (22 May 2024)

Various Claimants v News Group Newspapers Ltd [2024] EWHC 1210 (Ch) (21 May 2024)

Etta Healthcare v Aimson & Ors [2024] EWHC 1209 (Ch) (21 May 2024)

The Duke of Sussex v News Group Newspapers Ltd [2024] EWHC 1208 (Ch) (21 May 2024)

Tonstate Group Ltd & Ors v Wojakowski & Anor [2024] EWHC 1196 (Ch) (20 May 2024)

Crypto Open Patent Alliance v Craig Steven Wright [2024] EWHC 1198 (Ch) (20 May 2024)

High Court (Commercial Court)

Cindat Nephthys Holding Ltd v Hunter Holdings Ltd [2024] EWHC 1202 (Comm) (21 May 2024)

OCM Maritime Nile LLC & Anor v Courage Shipping Co & Ors [2024] EWHC 1226 (Comm) (21 May 2024)

Magomedov & Ors v PJSC Transneft & Ors [2024] EWHC 1176 (Comm) (21 May 2024)

Borrelli v Otaibi & Ors [2024] EWHC 1148 (Comm) (20 May 2024)

Invest Bank PSC v El-Husseini & Ors [2024] EWHC 1235 (Comm) (17 May 2024)

High Court (Family Division)

P v P (Transgender Applicant for Decree of Nullity: Human Rights) [2024] EWHC 1197 (Fam) (21 May 2024)

High Court (King’s Bench Division)

Fertre v Vale of White Horse District Council [2024] EWHC 1234 (KB) (22 May 2024)

The Mayor & Burgesses of the London Borough of Enfield v Snell & Ors [2024] EWHC 1206 (KB) (21 May 2024)

Morgan Fire Protection Ltd v Mogford & Anor [2024] EWHC 1192 (KB) (17 May 2024)

Source: www.bailii.org

Lift-off for the Safety of Rwanda Act? – Law Society’s Gazette

Posted May 22nd, 2024 in asylum, bills, deportation, government departments, human rights, news, Rwanda by sally

‘On 25 April, the Safety of Rwanda (Asylum and Immigration) Act 2024 received royal assent and passed into law. This is the latest development relating to the government’s policy to stop small boat crossings via the implementation of a Rwanda asylum seeker removals scheme. After rounds of parliamentary ping-pong between the Commons and Lords, the government was able to push through the legislation. The final version of the act does not include any of the amendments passed by the Lords, such as a carve-out exemption to prevent removal to Rwanda of people who served with or for the British Armed Forces, such as Afghan translators.’

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Law Society's Gazette, 21st May 2024

Source: www.lawgazette.co.uk

Children detained under little-known orders are speaking out after turning 18 – BBC News

Posted May 22nd, 2024 in children, deprivation of liberty safeguards, families, family courts, local government, news by sally

‘At the age of 14, Katy Baxter was detained alone under a court order, far from her Bournemouth home, supervised by two workers 24 hours a day, going for long periods without any contact with her family.’

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BBC News, 22nd May 2024

Source: www.bbc.co.uk

Police chiefs say prison crisis in England and Wales is ‘unsustainable’ – The Guardian

Posted May 22nd, 2024 in criminal justice, delay, early release, Ministry of Justice, news, police, prisons by sally

‘Police chiefs have told ministers they fear that the crisis gripping the Prison Service in England and Wales is “unsustainable” and risks public safety, the Guardian has learned.’

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The Guardian, 21st May 2024

Source: www.theguardian.com

The Basic Art of the Perfect Bundle – Pump Court Chambers

Posted May 22nd, 2024 in chambers articles, civil procedure rules, documents, news by sally

‘The provision and content of a bundle can make or break a trial. That might sound overly dramatic for something which on its face is a purely administrative task but a well-constructed and tactically considered bundle can make all the difference. A perfect bundle allows the advocate to seamlessly direct a Judge or witness to the relevant evidence. It allows documents to be compared where needed and ensures that all evidence can be read and understood by those involved in the trial or hearing.’

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Pump Court Chambers, 30th April 2024

Source: www.pumpcourtchambers.com

First trader to be jailed for rate rigging will go to the Supreme Court to clear his name – The Independent

Posted May 22nd, 2024 in appeals, banking, conspiracy, fraud, news, rates, Supreme Court by sally

‘The first trader jailed worldwide for Libor interest rate rigging has been left with a possible route clear his name, despite being refused permission to appeal against his conviction at the UK’s Supreme Court.’

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The Independent, 21st May 2024

Source: www.independent.co.uk

Court of Appeal issues ruling on evidential value and reliability of hair strand drug testing – Local Government Lawyer

Posted May 22nd, 2024 in appeals, care orders, children, families, local government, news by sally

‘The Court of Appeal has allowed an appeal against a judge’s decision to authorise the removal of three children from the care of their maternal grandmother and uncle, which was largely based upon three sets of hair strand testing reports.’

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Local Government Lawyer, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Disavowing an Implied Term of Fairness – Industrial Law Journal

Posted May 22nd, 2024 in appeals, contract of employment, disciplinary procedures, employment, news by sally

‘In the Court of Appeal decision in Burn v Alder Hey (Burn), there are obiter suggestions that the employment contract contains an implied term that would require the employer to act fairly during a disciplinary process. In a recent article in this journal, Collins and Golding (the authors) endorse this direction of travel and explore what they see as a number of advantages that would accrue for employees (and other workers) should the courts hold that such a term is indeed part of the law of contract. This article seeks to argue that recognition of the term would be misguided.’

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Industrial Law Journal, 13th May 2024

Source: academic.oup.com

Inquiry to begin into DWP’s treatment of ill and disabled people on benefits – The Guardian

Posted May 22nd, 2024 in benefits, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, government departments, human rights, mental health, news by sally

‘The treatment of chronically ill and disabled people by welfare officials, including benefits decisions subsequently linked to the deaths of vulnerable claimants, is to be formally investigated by Britain’s human rights watchdog.’

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The Guardian, 22nd May 2024

Source: www.theguardian.com

Sophie Phillips’ case comments on Birmingham City Council v Bravington [2023] EWCA Civ 308 – Park Square Barristers

Posted May 22nd, 2024 in appeals, chambers articles, housing, local government, news, repossession by sally

‘The Court of Appeal has recently held that local authorities are able to rely on section 233 of the Local Government Act 1972 (“the 1972 Act”) when serving a notice seeking possession under section 83ZA of the Housing Act 1985 (“the 1985 Act”). Service will be deemed valid even if the tenant does not receive the notice but where it has been found to be served in accordance with the aforementioned provisions.’

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Park Square Barristers, 2nd April 2024

Source: www.parksquarebarristers.co.uk

An unfortunate sequence of events: Re St Bartholomew Bristol – Law & Religion UK

Posted May 22nd, 2024 in Church of England, news, planning by sally

‘Carrying out building work unlawfully and then applying for retrospective permission is always risky, whether in the ecclesiastical courts or under the secular planning laws. If permission is refused it may result in the work having to be demolished at great expense and inconvenience.’

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Law & Religion UK, 21st May 2024

Source: lawandreligionuk.com

Infected blood scandal: who will get compensation, and how much will they get? – The Guardian

Posted May 22nd, 2024 in blood products, compensation, families, government departments, HIV, news, victims by sally

‘Victims of the infected blood scandal – seen as one of the worst treatment disasters in the history of the NHS – have raised concerns about the government’s pledged compensation scheme.’

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The Guardian, 21st May 2024

Source: www.theguardian.com

ASA upbraids unregulated employment firm over marketing – Legal Futures

Posted May 22nd, 2024 in advertising, complaints, employment, news, ombudsmen by sally

‘The Advertising Standards Authority (ASA) has upheld a complaint about marketing material sent by an employment law business that looked like it was from a public body.’

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Legal Futures, 22nd May 2024

Source: www.legalfutures.co.uk

Which 10-year period of reasonable belief? – St Philips Barristers

Posted May 22nd, 2024 in adverse possession, chambers articles, news by sally

‘In Brown v Ridley [2024] UKUT 14 (LC) the Upper Tribunal (Lands Chamber) considered whether the 10-year period of reasonable belief required for adverse possession applications must end on the date of the application (or, alternatively, whether it may be any 10 years within the period of adverse possession ending on the date of the application).’

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St Philips Barristers, 16th April 2024

Source: st-philips.com

Footballer cleared of raping sleeping woman and sending naked photos to teammates – The Guardian

Posted May 22nd, 2024 in consent, news, photography, rape, sexual offences, sport, telecommunications by sally

‘A footballer has been cleared of raping a sleeping woman twice in one night and intending to cause distress by sending naked photos of her to his teammates.’

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The Guardian, 21st May 2024

Source: www.theguardian.com

From Prevention to Empowerment: A New Model for UK Labour Law – Industrial Law Journal

Posted May 21st, 2024 in employment, human rights, news, trade unions by sally

‘For at least the last 40 years, law and policy in relation to work in the UK have been rooted in a paradigm of prevention: preventing employers from abusing the power they enjoy over workers in ways that are harmful to the latter’s interests. This article argues that this paradigm is rooted in a partial and structural, understanding of power, that is incapable of grappling with the true scope of the problems associated with power as it relates to work in the context of capitalism. Exposing the issues that exist with this understanding of power, and advancing an alternative structural conceptualisation, the article explores the implications that such an understanding might have for labour law and policy.’

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Industrial Law Journal, 13th May 2024

Source: academic.oup.com

Prisoners serving sentences with no clear end is a stain on British justice – it also amounts to torture – Alice Edwards – The Guardian

Posted May 21st, 2024 in human rights, imprisonment, news, parole, sentencing, torture, United Nations by sally

‘As a UN expert on psychological torture, I’ve asked peers to reconsider the IPP sentences still affecting thousands in jail.’

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The Guardian, 20th May 2024

Source: www.theguardian.com

OnlyFans complaint over BBC investigation rejected by Ofcom – BBC News

Posted May 21st, 2024 in BBC, child abuse, complaints, internet, news, pornography by sally

‘A complaint by OnlyFans about a BBC investigation which highlighted claims that child abuse images had originated on its site has been rejected by Ofcom.’

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BBC News, 20th May 2024

Source: www.bbc.co.uk

Local authority wins Court of Appeal challenge over interim care order requiring it to arrange direct contact between mother and daughter – Local Government Lawyer

Posted May 21st, 2024 in care orders, children, contact orders, local government, news by sally

‘The Court of Appeal has allowed an appeal brought by a local authority against a judge’s direction that the council should facilitate interim direct contact between a young girl and her mother.’

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The Independent, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Illegal abortion trial collapses as jury discharged for legal reasons – The Independent

Posted May 21st, 2024 in abortion, juries, news, poisoning, trials by sally

‘The jury in the trial of a teenager charged with arranging her own illegal abortion has been discharged for legal reasons.’

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The Independent, 20th May 2024

Source: www.independent.co.uk