BAILII: Recent Decisions

Posted October 21st, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Kieran Corrigan & Co Ltd v Timol [2024] EWCA Civ 1233 (18 October 2024)

(1) Titan Wealth Holdings Limited (2) Titan Settlement & Custody Limited (Formerly Known As Global Prime Partners Limited) (3) Gretchen Roberts (4) Tiffany Roberts v Marian Atinuke Okunola [2024] EWHC 2641 (KB) (18 October 2024)

Court of Appeal (Criminal Division)

Banner & Anor, R. v [2024] EWCA Crim 1201 (18 October 2024)

High Court (Administrative Court)

Batmanghelidjh, R (On the Application Of) v Charity Commission for England And Wales [2024] EWHC 2637 (Admin) (18 October 2024)

Klos v Regional Court In Warsaw, Poland [2024] EWHC 2622 (Admin) (18 October 2024)

Cora Homes Ltd v Secretary of State for Levelling Up, Housing And Communities & Anor [2024] EWHC 2617 (Admin) (17 October 2024)

High Court (Chancery Division)

Burns v Bridge & Anor [2024] EWHC 2620 (Ch) (18 October 2024)

High Court (Family Division)

A Mother v A Father & Anor [2024] EWHC 2643 (Fam) (18 October 2024)

High Court (King’s Bench Division)

Titan Wealth Holdings Limited & Ors v Okunola [2024] EWHC 2641 (KB) (18 October 2024)

Source: www.bailii.org

Unsuitable temporary accommodation and discrimination – Nearly Legal

Posted October 21st, 2024 in children, equality, families, homelessness, housing, judicial review, landlord & tenant, local government, London, news, sex discrimination, women by tracey

‘Begum, R (On the Application Of) v London Borough of Tower Hamlets (2024) EWHC 2279 (Admin) – Ms Begum had applied as homeless to Tower Hamlets in 2001. She was given temporary accommodation in a studio flat. 5 months later her first child was born. In June 2022, she complained about the suitability of the studio, which at that time was still s.188 accommodation. In October 2022, Tower Hamlets accepted the full duty. An internal memo recorded that Ms B had requested a transfer due to overcrowding. By March 2023, Ms B was pregnant with her second child, with a due date in September 2023. Between May and July 2023 there was correspondence between Ms B’s solicitors and Tower Hamlets on the suitability of the accommodation. The present claim was issued and interim relief ordered in August 2023. Three days later, Tower Hamlets made an offer of accommodation which Ms B accepted.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Equality Act assessors and open advice – Nearly Legal

Posted October 21st, 2024 in anti-social behaviour, appeals, disabled persons, equality, evidence, housing, landlord & tenant, litigation friends, news, repossession by tracey

‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Thomas Horsley, Coree Brown Swan, Nicola McEwen and Lisa Claire Whitten: Westminster Rules: The United Kingdom Internal Market Act and Devolution – UK Constitutional Law Association

Posted October 21st, 2024 in brexit, constitutional law, devolution, devolution issues, news by tracey

‘The UK Labour Government is committed to resetting relations with the devolved institutions. Yet, in its manifesto, Labour made no mention of any plans to reform the United Kingdom Internal Market Act 2020 (UKIMA) – regulating intra-UK trade post-Brexit – to deliver that commitment. In government, Labour now appears reluctant to engage directly with the Act, preferring to work around, rather than with it (Horsley, 2024). In a new report on the operational impact of the UKIMA on devolution, we call on the UK Government to change tack and address the Act directly in collaboration with the devolved institutions. We conclude that reform is essential to restore intergovernmental trust – the desired ‘relations reset’ – and rebalance the authority of the UK and devolved institutions with respect to regulating intra-UK trade.’

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UK Constitutional Law Association, 17th October 2024

Source: ukconstitutionallaw.org

Court “lacks jurisdiction” to protect party’s lawyers from abuse – Legal Futures

Posted October 21st, 2024 in appeals, confidentiality, employment, harassment, injunctions, jurisdiction, law firms, news by tracey

‘The High Court does not have jurisdiction to grant claimants a protective injunction stopping a defendant from harassing their lawyers, a judge has ruled.’

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Legal Futures, 21st October 2024

Source: www.legalfutures.co.uk

Victims Commissioner responds to stalking super-complaint findings – Family Law

Posted October 21st, 2024 in complaints, criminal justice, news, police, stalking, victims by tracey

‘The Independent Office for Police Conduct (IOPC), College of Policing and HMICFRS have published their findings in response to a police super-complaint submitted by the Suzy Lamplugh Trust on behalf of the National Stalking Consortium in 2022.’

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Family Law, 15th October 2024

Source: www.familylaw.co.uk

Speech by Mr Justice Fordham: Future perspectives from past experience – Courts and Tribuanls Judiciary

Posted October 21st, 2024 in judges, legal history, news, speeches by tracey

‘The Public Law Project, 21st Annual Conference, Wednesday 16 October 2024 – “Future perspectives from past experience.” ‘

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Courts and Tribunals Judiciary , 16th October 2024

Source: www.judiciary.uk

Speech by the Master of the Rolls: The Digital Trading Revolution – Underpinned by Law – Courts and Tribunals Judiciary

Posted October 21st, 2024 in artificial intelligence, computer programs, judges, legal profession, news, speeches by tracey

‘Legal Geek Conference 2024, 16 October 2024 – “The Digital Trading Revolution: Underpinned by Law”

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Courts and Tribunals Judiciary, 16th October 2024

Source: www.judiciary.uk

Attorney General’s 2024 Bingham Lecture on the rule of law – Attorney General’s Office

Posted October 21st, 2024 in attorney general, news, rule of law, speeches by tracey

‘On 14 October 2024, the Attorney General Lord Hermer KC delivered the 2024 Bingham Lecture titled “The Rule of Law in an Age of Populism.”‘

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Attorney General's Office, 15th October 2024

Source: www.gov.uk

Court rules that claims survive despite personal injury dishonesty – Law Society’s Gazette

Posted October 21st, 2024 in accidents, damages, deceit, false imprisonment, news, personal injuries by tracey

‘The courts have served up further signs that lying on a personal injury claim is not to be treated as the death knell for other heads of loss.’

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Law Society's Gazette, 21st October 2024

Source: www.lawgazette.co.uk

AI and Family Law – Financial Remedies Journal

Posted October 21st, 2024 in artificial intelligence, families, family courts, legal profession, news by tracey

‘AI has the real likelihood of transforming the practice of family law solicitors more than the major conceptual changes from the Children Act, the seismic shift from White or the speed of response needed from lis pendens of EU law – a transformation which will happen fast even in the slow-moving, conservative legal profession.’

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Financial Remedies Journal, 14th October 2024

Source: financialremediesjournal.com

A 40-Year Revolution in Financial Remedies – Financial Remedies Journal

Posted October 21st, 2024 in child support, children, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘My subject today is revolution. Don’t worry. I am not advocating a take-over of the country by Tommy Robinson or Piers Corbyn. I am talking about the fundamental transformation of financial remedy work since I undertook my first ever case on 19 July 1983 in the Edmonton County Court, just over 41 years ago.’

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Financial Remedies Journal, 16th October 2024

Source: financialremediesjournal.com

Bailiff who took emotional support dog on jobs loses discrimination case – The Guardian

Posted October 21st, 2024 in bailiffs, cancer, disability discrimination, disabled persons, dogs, employment, equality, mental health, Ministry of Justice, news by tracey

‘A bailiff who took her miniature Yorkshire terrier on debt collection jobs has lost her case for discrimination after being told she was not entitled to have an emotional support dog at work.’

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The Guardian, 18th October 2024

Source: www.theguardian.com

Christian schools’ legal challenge against VAT on fees – BBC News

Posted October 21st, 2024 in Christianity, fees, news, school children, taxation, teachers, VAT by tracey

‘A independent faith school in Hampshire has launched a legal challenge against the government’s plans to introduce VAT on private school fees.’

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BBC News, 21st October 2024

Source: www.bbc.co.uk

Fewer women may go to jail in England and Wales in sentencing review – The Guardian

Posted October 21st, 2024 in criminal justice, government departments, imprisonment, Ministry of Justice, news, prisons, sentencing, statistics, women by tracey

‘Fewer women could be sent to jail under a review to be announced by ministers this week that is expected to cut sentences for thousands of criminals.’

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The Guardian, 20th October 2024

Source: www.theguardian.com

‘Obsessive’ schoolboy who attacked teacher and sleeping students with hammer jailed – The Independent

Posted October 21st, 2024 in assault, attempted murder, children, imprisonment, news, school children, sentencing, teachers, young offenders, young persons by tracey

‘A public schoolboy who attacked two students and a teacher with claw hammers while they slept at a boarding school in Devon has been jailed for life with a minimum of 12 years.’

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The Independent, 19th October 2024

Source: www.independent.co.uk

UN rapporteur challenges LSE over action against pro-Palestine protesters – The Guardian

Posted October 21st, 2024 in demonstrations, freedom of expression, Islam, Israel, news, terrorism, United Nations, universities by tracey

‘The London School of Economics has been criticised by a UN rapporteur and accused of Islamophobia after reportedly raising an allegation that students behind a pro-Palestine demonstration in July had prompted fears of a repeat of the 7/7 terrorist attacks.’

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The Guardian, 20th October 2024

Source: www.theguardian.com

Former top judge demands help for prisoners ‘left to rot’ under ‘morally wrong’ indefinite jail terms – The Independent

Posted October 21st, 2024 in criminal justice, imprisonment, judges, mental health, news, recidivists, rehabilitation, sentencing by tracey

‘Britain’s former top judge has backed The Independent’s campaign for prisoners serving indefinite jail terms to have their sentences reviewed, and called for the government to take responsibility for the “morally wrong” punishment.’

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The Independent, 20th October 2024

Source: www.independent.co.uk

Form FM5 and MIAM’s – Becket Chambers

Posted October 18th, 2024 in chambers articles, children, costs, dispute resolution, families, financial dispute resolution, financial provision, news by sally

‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’

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Becket Chambers, 24th September 2024

Source: becket-chambers.co.uk

Testamentary capacity: warning signs and professional best practice – Wilberforce Chambers

Posted October 18th, 2024 in chambers articles, expert witnesses, news, probate, wills by sally

‘The recent decision of Joanna Smith J in Leonard v Leonard [2024] EWHC 321 (Ch) is instructive for private client practitioners, non-contentious and contentious alike. The validity of a will was disputed on the grounds of lack of testamentary capacity and want of knowledge and approval. The case stands out for its unusual facts, of how warning signs were missed, of how a professional will drafter failed to comply with repeated client instructions for a simple will, and of how the court will be aided (or not) by ex post facto expert evidence.’

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Wilberforce Chambers, 30th September 2024

Source: www.wilberforce.co.uk