Mental Health Matters Report – October 2024 – 39 Essex Chambers
‘In the Mental Health Matters Report: the human rights consequences of outsourcing in the mental health context.’
39 Essex Chambers , 1st October 2024
Source: www.39essex.com
Property and Affairs Report – October 2024 – 39 Essex Chambers
‘In the Property and Affairs Report: gifts, attorneys and deputies.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
Clarity on the Merits Threshold for Freezing Injunctions: the Court of Appeal in Isabel dos Santos v Unitel S.A. – The 36 Group
‘By a Judgment handed down on 30 September 2024 the Court of Appeal dismissed an appeal by Ms Isabel dos Santos against a worldwide freezing order (WFO) and a consequential costs order granted against her by Bright J on 20 December 2023. The Judgment provides welcome clarity in the wake of conflicting authority on the proper approach to the merits threshold for obtaining a freezing injunction, and also confirms the approach to be taken on costs.’
The 36 Group, 9th October 2024
Source: 36group.co.uk
Bankrupt challenging pre-bankruptcy judgment of ordinary civil court – 33 Bedford Row
‘Where a bankrupt wishes to challenge a pre-bankruptcy judgment against him in the ordinary civil court (i.e. appeal the judgment or apply to set the judgment aside, in the ordinary civil court), can the bankrupt just issue an application (N161 Appellant’s Notice or N244 Application Form)? In particular, does the bankrupt have standing (‘locus standi’ as it used to be known) – that is – the right or capacity – to issue the relevant application, or must somehow the trustee in bankruptcy (‘TIB’) be involved, and/or the bankruptcy court involved?’
33 Bedford Row, 1st October 2024
Source: www.33bedfordrow.co.uk
The High Court in “XING ZHI HAI” assesses the undisclosed principal doctrine in the context of letters of indemnity – 33 Bedford Row
‘Yangtze Navigation (Asia) Co Ltd & another v. TPT Shipping Ltd & others (The “Xing Zhi Hai”) [2024] EWHC 2371 (Comm). The judgment of Christopher Hancock KC, handed down on 18 September 2024, concerns three letters of indemnity (“LOIs”) provided in the absence of bills of lading, whose alleged lawful holders subsequently made mis-delivery claims against Owners.’
33 Bedford Row, 10th October 2024
Source: www.33bedfordrow.co.uk
Booking referees: Supreme Court rules on employment status of part-time football officials – Employment & Discrimination Blog, 12 King’s Bench Walk
‘The case concerned the employment status of part-time football referees who officiated professional football matches in the English Football League.’
Employment & Discrimination Blog, 12 King's Bench Walk, 12th October 2024
Source: 12kbwemploymentlaw.wordpress.com
Wormleighton: Product liability litigation against Cape – Asbestos Law Blog, 12 King’s Bench Walk
‘Just before the summer break Mrs Justice Hill handed down judgment in an application where four claimants (two living mesothelioma and two fatal mesothelioma claims) sought an order that their claims be consolidated and tried on liability together. This was sought, and granted pursuant to CPR 3.1(2)(g).’
Asbestos Law Blog, 17th September 2024
Source: asbestoslawblog.uk
Judgment in FT application for non-party access to documents – 5RB
‘On 28 June 2024, ICC Judge Mullen, sitting in the Chancery Division, gave an ex tempore judgment, partially granting the Financial Times’ application for pre-hearing access to an affidavit which the Secretary of State had lodged in support of its directors disqualification claim against the financier Lex Greensill.’
5RB, 10th October 2024
Source: www.5rb.com
Ramya Nagesh examines the new duty of candour in policing and its impact on inquest proceedings – 4-5 Gray’s Inn Square
‘The “duty of candour” might be otherwise described as a duty to be transparent, open and honest. We have had a similar duty in respect of medical professionals since 2014. In the medical sphere, when there is a “notifiable safety incident” (in broad terms – when things go wrong which possibly should not have) medical professionals are under a duty to explain what they know and issue an apology as soon as reasonably practicable to the patient and/or their family, notwithstanding that an investigation might be ongoing.’
4-5 Gray’s Inn Square, 7th October 2024
Source: www.4-5.co.uk
A rose by any other name: ‘a good arguable case’ in Isabel dos Santos v Unitel – 4 New Square
‘In this article, 4 New Square Chambers’ Seohyung Kim analyses a recent Court of Appeal judgment that restates and clarifies the law regarding freezing injunctions.’
4 New Square, 2nd October 2024
Source: www.4newsquare.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for the Home Department v George [2024] EWCA Civ 1192 (14 October 2024)
Court of Appeal (Criminal Division)
ARU & Ors, R. v [2024] EWCA Crim 1101 (11 October 2024)
High Court (Administrative Court)
Birskis v General Prosecutor’s Office, Latvia [2024] EWHC 2540 (Admin) (11 October 2024)
Jones v Isle of Anglesey County Council [2024] EWHC 2582 (Admin) (11 October 2024)
Marshall v Bath And North East Somerset Council [2024] EWHC 2551 (Admin) (11 October 2024)
Farmiloe v Gas And Electricity Markets Authority [2024] EWHC 2584 (Admin) (11 October 2024)
MacCallum v The Secretary of State for Education [2024] EWHC 2454 (Admin) (10 October 2024)
High Court (Chancery Division)
Mohammed & Ors v Patel & Ors [2024] EWHC 2581 (Ch) (11 October 2024)
Hadcliffe Properties Ltd v Rind Foundation & Anor [2024] EWHC 2587 (Ch) (11 October 2024)
Harworth Estates Investments Ltd v Westfield Park Ltd [2024] EWHC 2550 (Ch) (11 October 2024)
Jones v Aston Risk Management Ltd [2024] EWHC 2553 (Ch) (10 October 2024)
Morris v Morris & Ors [2024] EWHC 2554 (Ch) (09 October 2024)
High Court (Commercial Court)
URE Energy Ltd v Notting Hill Genesis [2024] EWHC 2537 (Comm) (14 October 2024)
High Court (Family Division)
GH v GH (Rev1) [2024] EWHC 2547 (Fam) (03 October 2024)
AB v CD (Rev1) [2024] EWHC 2521 (Fam) (03 October 2024)
High Court (Patents Court)
Sandoz AG & Ors v Biogen MA Inc [2024] EWHC 2567 (Pat) (11 October 2024)
High Court (King’s Bench Division)
Heathrow Airport Ltd v Persons Unknown [2024] EWHC 2599 (KB) (14 October 2024)
Elphicke v Times Media Ltd [2024] EWHC 2595 (KB) (14 October 2024)
London City Airport Ltd v Docklands Aviation Group Ltd [2024] EWHC 2557 (KB) (11 October 2024)
Oliver v Duffy [2024] EWHC 2590 (KB) (11 October 2024)
Thurrock Council & Anor v Adams & Ors [2024] EWHC 2576 (KB) (11 October 2024)
ERE v East Suffolk and North Essex NHS Foundation Trust [2024] EWHC 2569 (KB) (11 October 2024)
Titan Wealth Holdings Ltd & Ors v Okunola [2024] EWHC 2586 (KB) (10 October 2024)
Armeniakou v Thomson [2024] EWHC 2568 (KB) (10 October 2024)
Titan Wealth Holdings Ltd & Ors v Okunola [2024] EWHC 2585 (KB) (09 October 2024)
High Court (Technology and Construction Court)
Jones v Persimmon Homes Ltd & Anor [2024] EWHC 2957 (TCC) (14 October 2024)
Source: www.bailii.org
Husband who escorted his wife to Switzerland not denied access to her estate under Forfeiture Rule – UK Human Rights Blog
‘Philip Morris v James Morris, Kate Shmuel and Gregory White [2024] EWHC 2554 (Ch). These proceedings concerned the forfeiture rule under section 2(2) of the Forfeiture Act 1982 as it applies to the estates of people who travel to Switzerland for assisted dying (the 1982 Act). Mrs Myra Morris had ended her own life with the assistance of the staff at the Swiss clinic and the assistance of her husband Philip. She had been suffering from Multiple System Atrophy, a rare and degenerative neurological disorder with no known cure.’
UK Human Rights Blog, 14th October 2024
Source: ukhumanrightsblog.com
Lord Hodge – The Supreme Court fifteen years on: continuity and change – Supreme Court
‘Lecture at the UK Supreme Court’s 15th Anniversary event at the Senedd, Cardiff, 11 October, 2024.’
Supreme Court, 11th October 2024
Source: www.supremecourt.uk
Lord Leggatt The Free Sea – Supreme Court
‘Address at the Opening Ceremony for the Advanced LLM Programme, University of Leiden, September 2024.’
Supreme Court, 11th October 2024
Source: www.supremecourt.uk
Government issues statutory guidance for local authorities on kinship care – Local Government Lawyer
‘The Department for Education has published statutory guidance for local authorities and their staff, setting out how councils should support children in kinship care and kinship carers.’
Local Government Lawyer, 14th October 2024
Source: www.localgovernmentlawyer.co.uk
Mother fleeing domestic abuse placed in unsuitable mixed-sex accommodation by council, Ombudsman finds – Local Government Lawyer
‘The Local Government and Social Care Ombudsman has found that the London Borough of Tower Hamlets failed to consider the impact of placing a vulnerable family with a history of PTSD from domestic abuse in mixed-sex shared accommodation.’
Local Government Lawyer, 14th October 2024
Source: www.localgovernmentlawyer.co.uk
High Court judge gives reasons for granting councils five-year injunction over Just Stop Oil protests – Local Government Lawyer
‘The High Court has granted Thurrock Council and Essex County Council a five-year injunction subject to yearly review against persons unknown in response to protest activity by Just Stop Oil.’
Local Government Lawyer, 15th October 2024
Source: www.localgovernmentlawyer.co.uk
ICO reprimands law firm after client data ends up on dark web – Legal Futures
‘A law firm that was hacked and had sensitive client data published on the dark web has been reprimanded by the Information Commissioner’s Office (ICO).’
Legal Futures, 14th October 2024
Source: www.legalfutures.co.uk
High Court orders City litigators to name source of “forged” report – Legal Futures
‘The High Court has ordered a leading City litigation firm to name the source of a potentially forged report produced as part of an arbitration dispute between Russian oligarchs.’
Legal Futures, 15th October 2024
Source: www.legalfutures.co.uk
