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BAILII: Recent Decisions

Posted June 17th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

JTI Acquisition Company (2011) Ltd v Commissioners for His Majesty’s Revenue and Customs [2024] EWCA Civ 652 (13 June 2024)

Thomas, R (On the Application Of) v Judicial Appointments Commission [2024] EWCA Civ 665 (13 June 2024)

Commercial Bank of Dubai PSC & Ors v Al Sari & Ors [2024] EWCA Civ 643 (12 June 2024)

Court of Appeal (Criminal Division)

BJK, R. v [2024] EWCA Crim 667 (14 June 2024)

Seed & Ors, R. v [2024] EWCA Crim 650 (13 June 2024)

Gould, R. v [2024] EWCA Crim 669 (06 June 2024)

High Court (Administrative Court)

Botka v Romanian Judicial Authority (Rev1) [2024] EWHC 1332 (Admin) (14 June 2024)

MCML Ltd & Anor, R (On the Application Of) v Southwark Crown Court (Re Permission to Appeal Application) [2024] EWHC 1470 (Admin) (14 June 2024)

Khan v GMC [2024] EWHC 1330 (Admin) (14 June 2024)

ZR v London Borough of Haringey & Anor [2024] EWHC 1476 (Admin) (14 June 2024)

Moore v Criminal Court No 4 In Malaga, Spain [2024] EWHC 1458 (Admin) (13 June 2024)

Wisniewski v Regional Court of Torun, Poland [2024] EWHC 1461 (Admin) (13 June 2024)

Miernik v Sad Okregowy III Criminal Division in Kielce, Poland [2024] EWHC 1457 (Admin) (13 June 2024)

Linear Investments Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2024] EWHC 1428 (Admin) (13 June 2024)

The Chief Constable of Thames Valley Police, R (On the Application Of) v A Legally Qualified Chair [2024] EWHC 1454 (Admin) (13 June 2024)

Grimm v Government of USA [2024] EWHC 1460 (Admin) (13 June 2024)

Goldstein v The Court of Caltanissetta Italy [2024] EWHC 1459 (Admin) (13 June 2024)

High Court (Chancery Division)

Rutland Lodge (Petersham) Management Company Ltd v Benjamin & Anor [2024] EWHC 1429 (Ch) (14 June 2024)

easyGroup Ltd v Beauty Perfectionists Ltd & Ors [2024] EWHC 1441 (Ch) (13 June 2024)

High Court (Commercial Court)

Patel v Patel [2024] EWHC 1412 (Comm) (14 June 2024)

JP Morgan International Finance Ltd v WEREALIZE.COM Ltd [2024] EWHC 1437 (Comm) (13 June 2024)

Exporien Mining Private Limited Company v Aggreko International Projects Ltd [2024] EWHC 1463 (Comm) (13 June 2024)

High Court (Family Division)

G and H, Re (Children: Return to Ghana) [2024] EWHC 1453 (Fam) (14 June 2024)

High Court (King’s Bench Division)

Invenia Technical Computing Corporation & Anor v Hudson [2024] EWHC 1481 (KB) (14 June 2024)

Tesco Stores Ltd v Mouradi [2024] EWHC 1466 (KB) (14 June 2024)

Jarvis v Metro Taxis Ltd [2024] EWHC 1452 (KB) (14 June 2024)

Taylor v Pathe Productions Ltd & Ors [2024] EWHC 1475 (KB) (14 June 2024)

Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB) (14 June 2024)

A v B [2024] EWHC 1400 (KB) (14 June 2024)

Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) (13 June 2024)

BW Legal Services Ltd v Trustpilot A/S [2024] EWHC 1449 (KB) (12 June 2024)

Source: www.bailii.org

Business backed in withholding data in subject access request response – OUT-LAW.com

Posted June 17th, 2024 in data protection, disclosure, news, telecommunications, third parties by tracey

‘A court has rejected a bid by a prominent UK businessman to force a gardening company he engaged with to disclose the identity of people given access to recordings of conversations he had with the gardening company’s owner.’

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OUT-LAW.com, 14th June 2024

Source: www.pinsentmasons.com

Amazon faces fresh CAT claims over marketplace practices – OUT-LAW.com

Posted June 17th, 2024 in class actions, competition, damages, news by tracey

‘Amazon faces two new class action-style claims in the UK over alleged anti-competitive practices that those bringing the claims say have negatively impacted third-party sellers that use the company’s online marketplace.’

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OUT-LAW.com, 17th June 2024

Source: www.pinsentmasons.com

Upper Tribunal rules on taxpayer liability for fixed penalty – OUT-LAW.com

Posted June 12th, 2024 in HM Revenue & Customs, news, notification, penalties, taxation, tribunals by sally

‘A recent UK Upper Tribunal decision highlights that as soon as there has been a failure to comply with an information notice, a taxpayer is automatically liable for a fixed penalty, even if the failure is short-lived, and HMRC can move straight to applying for a tax-related penalty, an expert has said.’

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OUT-LAW.com, 11th June 2024

Source: www.pinsentmasons.com

IP addresses ruled floating charge under loan security agreement – OUT-LAW.com

Posted June 10th, 2024 in floating charges, insolvency, internet, loans, news by tracey

‘Lenders should be aware that despite their static nature, IP addresses have been classified as floating charge assets under a loan security agreement by a recent decision of the High Court of England and Wales. There are legal and practical considerations for lenders and their advisers when securing digital assets, following the ruling.’

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OUT-LAW.com, 7th June 2024

Source: www.pinsentmasons.com

Courts shine new light on the use of a single claim form involving multiple claimants – OUT-LAW.com

Posted June 6th, 2024 in civil procedure rules, class actions, joinder, negligence, news by sally

‘A recent Court of Appeal decision brings welcome clarity as to when a single claim may be used to name multiple claimants in England and Wales, experts have said.’

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OUT-LAW.com, 5th June 2024

Source: www.pinsentmasons.com

Leasehold and Freehold Reform Act becomes UK law but ‘further detail required’ – OUT-LAW.com

Posted June 6th, 2024 in bills, enfranchisement, leases, news, rent, service charges by sally

‘Leasehold and Freehold Reform Act receives Royal Assent but most of the provisions will not come into force without secondary legislation, which will now be the task of a new government.’

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OUT-LAW.com, 5th June 2024

Source: www.pinsentmasons.com

UK landlord ordered to pay compensation for misrepresentation under LTA 1954 – OUT-LAW.com

Posted June 4th, 2024 in compensation, landlord & tenant, misrepresentation, news by tracey

‘The High Court in England recently handed down a judgment emphasising the importance of landlords not contriving development schemes to regain possession of premises in order to try to circumvent the statutory grounds of opposition to renewal of business tenancies under the 1954 Act, an expert has said.’

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OUT-LAW.com, 3rd June 2024

Source: www.pinsentmasons.com

CMA launches full market investigation into UK veterinary services – OUT-LAW.com

Posted June 4th, 2024 in animals, competition, consultations, markets, news, veterinary surgeons by tracey

‘The UK’s Competition and Markets Authority (CMA) has launched an expedited statutory market investigation into the veterinary services sector in light of concerns it has identified in that industry following an initial review and consultation.’

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OUT-LAW.com, 3rd June 2024

Source: www.pinsentmasons.com

Ethnicity attainment gap evidence should be ‘wake up call’ for the sector – Law Society’s Gazette

Posted June 4th, 2024 in diversity, legal education, minorities, news, racism, reports, solicitors by tracey

‘Students from minority groups have often experienced racism and teachers’ low expectations of their capabilities. They do not see themselves reflected in the staff teaching at law schools and universities. Their learning is affected by microaggressions and bias in the classroom. With their confidence and self-belief knocked, they find it harder than white students to get legal work or paid training – not helped by recruitment processes that focus on exam results without looking at the story behind the grades.’

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Law Society's Gazette, 4th June 2024

Source: www.lawgazette.co.uk

Updated guidance on UK national security regime provides greater clarity for businesses – OUT-LAW.com

Posted May 31st, 2024 in codes of practice, company law, intelligence services, news by michael

‘The updated guidance on the NSI Act comes after calls to “fine tune” the NSI regime following a consultation. It aims to provide more clarity to businesses, institutions, and their advisors while protecting national security. The updates include a new “section 3 statement” that better explains how the UK government plans to exercise powers under the NSI Act to call-in certain acquisitions for scrutiny and updated “Market Guidance”.’

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OUT-LAW.com, 31st May 2024

Source: www.pinsentmasons.com

Witness statements in England and Wales – OUT-LAW.com

Posted May 30th, 2024 in documents, evidence, news, witnesses by tracey

‘A witness statement is a written formal document used in litigation in the courts of England and Wales. A witness statement contains a person’s truthful own account of facts relating to issues arising in a dispute, which are within that person’s personal knowledge.’

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OUT-LAW.com, 29th May 2024

Source: www.pinsentmasons.com

UK’s landmark DMCC Bill becomes law – OUT-LAW.com

Posted May 29th, 2024 in bills, codes of practice, company law, competition, consumer protection, news by tracey

‘The highly anticipated Digital Markets, Competition and Consumers (DMCC) Bill was passed by the UK Parliament on 23 May, marking the most important changes to UK competition law and consumer law in years.’

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OUT-LAW.com, 28th May 2024

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted May 20th, 2024 in law reports by tracey

Supreme Court

Lifestyle Equities CV & Anor v Ahmed & Anor [2024] UKSC 17 (15 May 2024)

RTI Ltd v MUR Shipping BV [2024] UKSC 18 (15 May 2024)

Court of Appeal (Civil Division)

Campbell, R (On the Application Of) v London Borough of Ealing [2024] EWCA Civ 540 (17 May 2024)

SportsDirect.com Retail Ltd v Newcastle United Football Club Ltd & Anor [2024] EWCA Civ 532 (17 May 2024)

Osler v Osler & Ors [2024] EWCA Civ 516 (16 May 2024)

British Standards Institution v RRR Manufacturing Pty Ltd, R (On the Application Of) [2024] EWCA Civ 530 (15 May 2024)

High Court (Administrative Court)

Wilkinson, R (On the Application Of) v London Borough of Enfield [2024] EWHC 1193 (Admin) (17 May 2024)

Bewley Homes PLC v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 1166 (Admin) (16 May 2024)

Deb v Greek Judicial Authority [2024] EWHC 1131 (Admin) (16 May 2024)

ADL & Ors v Secretary of State for the Home Department [2024] EWHC 994 (Admin) (15 May 2024)

High Court (Chancery Division)

Davies v Watts & Anor [2024] EWHC 1177 (Ch) (17 May 2024)

Morris v Elite Motors Bodyshop Ltd & Anor [2024] EWHC 1173 (Ch) (17 May 2024)

C-Retail Ltd, Re [2024] EWHC 1194 (Ch) (16 May 2024)

Scenic International Group Ltd v Adenaike & Ors (Re Costs) [2024] EWHC 1178 (Ch) (16 May 2024)

Instituto De Salud Para El Bienestar v Viva Enterprises Ltd & Anor [2024] EWHC 1152 (Ch) (15 May 2024)

High Court (Commercial Court)

JP Morgan International Finance Ltd v Werealize.Com Ltd [2024] EWHC 1182 (Comm) (14 May 2024)

High Court (Family Division) Decisions

O, Re (Appeal: Costs) [2024] EWHC 1163 (Fam) (17 May 2024)

A Father v A Mother [2024] EWHC 1149 (Fam) (16 May 2024)

RA, Re (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam) (15 May 2024)

J & K v M [2024] EWHC 1156 (Fam) (10 May 2024)

High Court (King’s Bench Division)

McHale v Dunlop & Anor [2024] EWHC 1174 (KB) (17 May 2024)

Solicitors Regulation Authority Ltd v Hon-Ying Amie Tsang [2024] EWHC 1150 (KB) (17 May 2024)

Francois v London Borough of Waltham Forest [2024] EWHC 1162 (KB) (16 May 2024)

De Azavedo Camacho v OCS Group UK Ltd [2024] EWHC 1164 (KB) (16 May 2024)

Nistor & Anor v Union of Shop, Distributive and Allied Workers (USDAW) [2024] EWHC 1165 (KB) (16 May 2024)

High Court (Technology and Construction Court)

Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185 (TCC) (17 May 2024)

Source: www.bailii.org

Council not liable for Japanese knotweed damage – OUT-LAW.com

Posted May 20th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by tracey

‘A recent UK Supreme Court ruling clearly sets out the parameters of the law of private nuisance claims in the context of Japanese knotweed, clarifying the nature and extent of evidence needed to enable a claim to succeed, an expert has said.’

Full Story

OUT-LAW.com, 17th May 2024

Source: www.pinsentmasons.com

Administration extension pitfalls and recent UK court decisions – OUT-LAW.com

Posted May 20th, 2024 in administrators, company law, insolvency, news, time limits by tracey

‘The administration of a company automatically comes to an end on the first anniversary of its commencement. However, the period can be extended beyond the first anniversary with the consent of the creditors or the court.’

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OUT-LAW.com, 17th May 2024

Source: www.pinsentmasons.com

Limits on director liability for trade mark infringement confirmed in the UK – OUT-LAW.com

‘Directors of companies that infringe trade marks can only be held personally liable as an accessory to that infringement in the UK if they know that what their company was doing amounted to trade mark infringement, the UK’s highest court has confirmed.’

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OUT-LAW.com, 15th May 2024

Source: www.pinsentmasons.com

JCT DB 2024 – a bit of ‘give and take’ on contractor design liability – OUT-LAW.com

Posted May 14th, 2024 in building law, construction industry, contracts, duty of care, news by tracey

‘The standard of care to be expected of a contractor in terms of design liability has been toughened up in the updated Design and Build contract by the Joint Contracts Tribunal (JCT), but the latest version has also made clear that contractors will not have fitness for purpose obligations imposed on them.’

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OUT-LAW.com, 14th May 2024

Source: www.pinsentmasons.com

Fraud ‘reasonable procedures’ guidance will emphasise need for procedural assessment – OUT-LAW.com

Posted May 13th, 2024 in company law, crime prevention, fraud, news by tracey

‘Businesses should carry out fraud risk assessments in line with the requirements of the Economic Crime and Corporate Transparency Act ahead of final UK government guidance concerning the “reasonable procedures” fraud prevention defence, an expert has said.’

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OUT-LAW.com, 10th May 2024

Source: www.pinsentmasons.com

New UK AI patent guidance issued ahead of appeal hearing – OUT-LAW.com

Posted May 13th, 2024 in appeals, artificial intelligence, intellectual property, news, patents by tracey

‘The UK’s Intellectual Property Office (IPO) has issued updated guidelines for examining patent applications relating to artificial intelligence (AI) inventions just days before the Court of Appeal in London is due to hear arguments in a case that triggered the release of the revised guidance.’

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OUT-LAW.com, 10th May 2024

Source: www.pinsentmasons.com