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Substantial injustice – where are we now? – 39 Essex Chambers

‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’

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39 Essex Chambers, 16th April 2024

Source: www.39essex.com

BAILII: Recent Decisions

Posted April 23rd, 2024 in law reports by michael

Court of Appeal (Civil Division)

Supponor Ltd & Anor v AIM Sport Development AG [2024] EWCA Civ 396 (23 April 2024)

High Court (Administrative Court)

CX1 & Ors, R (On the Application Of) v Secretary of State for Defence & Anor [2024] EWHC 891 (Admin) (23 April 2024)

Worcestershire County Council v Pain & Ors [2024] EWHC 913 (Admin) (23 April 2024)

The Competition And Markets Authority, R (On the Application Of) v The Competition Appeal Tribunal [2024] EWHC 904 (Admin) (22 April 2024)

iDealing.com Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd (Rev1) [2024] EWHC 847 (Admin) (19 April 2024)

High Court (Chancery Division)

Bourlakova & Ors v Bourlakov & Ors [2024] EWHC 929 (Ch) (23 April 2024)

Lorimer-Wing v Hashmi [2024] EWHC 931 (Ch) (23 April 2024)

Dilworth & Anor v Wosskow Brown Solicitors LLP & Ors [2024] EWHC 903 (Ch) (22 April 2024)

Hayel v Hayel & Ors [2024] EWHC 885 (Ch) (19 April 2024)

Sriram v Revenue & Customs & Anor [2024] EWHC 853 (Ch) (19 April 2024)

Various Claimants v News Group Newspapers Ltd [2024] EWHC 902 (Ch) (19 April 2024)

High Court (Commercial Court)

London Steam-Ship Owners’ Mutual Insurance Association Ltd v Trico Maritime (Pvt) Ltd & Ors [2024] EWHC 884 (Comm) (23 April 2024)

Nederlandse Financierings-Maatschappij Voor Ontwikkelingslanden NV v Societe Bengaz SA & Anor [2024] EWHC 901 (Comm) (22 April 2024)

Onecom Group Ltd v Palmer [2024] EWHC 867 (Comm) (17 April 2024)

High Court (Family Division)

Hersman v De Verchere [2024] EWHC 905 (Fam) (19 April 2024)

High Court (King’s Bench Division)

Afan Valley Ltd & Ors v Lupton Fawcett (A Firm) & Ors [2024] EWHC 909 (KB) (23 April 2024)

Ludlow v Berkshire Healthcare NHS Foundation Trust [2024] EWHC 872 (KB) (22 April 2024)

HM Solicitor General v Warner [2024] EWHC 918 (KB) (22 April 2024)

Kuznetsov v Edwards Duthie Shamash (A Firm) & Ors [2024] EWHC 870 (KB) (19 April 2024)

Parsons v Atkinson [2024] EWHC 888 (KB) (19 April 2024)

High Court (Technology & Construction Court)

Peachside Ltd v Lee & Anor [2024] EWHC 921 (TCC) (23 April 2024)

ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) (18 April 2024)

Martell v Roszkowski & Ors [2024] EWHC 840 (TCC) (16 April 2024)

Source: www.bailii.org

Human rights protections inhibit employer sanctions over lawful strike action, rules Supreme Court – OUT-LAW.com

‘UK legislation allowing employers to take disciplinary action against employees for their participation in lawful strike action is in breach of those employees’ human rights, according to a new Supreme Court ruling.’

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OUT-LAW.com, 17th April 2024

Source: www.pinsentmasons.com

Tribunal ruling is a step forward in understanding code disputes – OUT-LAW.com

Posted April 16th, 2024 in codes of practice, landlord & tenant, news, telecommunications, tribunals by tracey

‘A recent decision by the Upper Tribunal (Lands Chamber) on a reference under the Electronic Communications Code (the code) helpfully clarifies some of the outstanding issues in this area, property disputes experts have said.’

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OUT-LAW.com, 15th April 2024

Source: www.pinsentmasons.com

Court considers redevelopment ground for opposing business lease renewals – OUT-LAW.com

Posted April 15th, 2024 in landlord & tenant, leases, news by tracey

‘A recent court decision in England provides valuable lessons to landlords seeking to oppose the grant of a new lease highlighting the importance of proper preparation and planning in terms of lease renewal and property works, experts have said.’

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OUT-LAW.com, 12th April 2024

Source: www.pinsentmasons.com

Tribunal’s Ruling: A Step Forward in Understanding Code Disputes – OUT-LAW.com

Posted April 15th, 2024 in codes of practice, contracts, news, telecommunications by tracey

‘A recent decision by the Upper Tribunal (Lands Chamber) on a reference under the Electronic Communications Code (the code) helpfully clarifies some of the outstanding issues in this area, property disputes experts have said.’

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OUT-LAW.com, 15th April 2024

Source: www.pinsentmasons.com

Woman loses 600k in compensation after being branded ‘dishonest’ by judge – The Independent

Posted April 15th, 2024 in accidents, compensation, damages, deceit, news, personal injuries by tracey

‘A woman seeking damages after suffering multiple injuries due to a bad fall in Wales is about to lose out on almost £600,000 for being “thoroughly dishonest” in her process of asking for compensation.’

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The Independent, 13th April 2024

Source: www.independent.co.uk

Uber case a reminder of dangers of potentially discriminatory AI – OUT-LAW.com

‘The UK’s Equality and Human Rights Commission (EHRC) has issued a reminder to employers to be mindful of the way in which they use artificial intelligence (AI), to prevent inadvertent bias or discrimination.’

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OUT-LAW.com, 10th April 2024

Source: www.pinsentmasons.com

‘Second staircases’ to be mandatory for new buildings above 18m in England – OUT-LAW.com

Posted April 8th, 2024 in building law, construction industry, health & safety, housing, news by tracey

‘Property developers in England have been given much-needed clarity on the “second staircase” rule, after the government confirmed the requirement of two staircases for new residential buildings over 18 metres in height.’

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OUT-LAW.com, 5th April 2024

Source: www.pinsentmasons.com

New guidance clarifies when UK universities must refuse donations – OUT-LAW.com

Posted April 4th, 2024 in charities, Charity Commission, gifts, news, trusts, universities by tracey

‘Recently published guidance from the Charity Commission tries to provide clarity on when donations to English and Welsh charities, including universities, should – or must – be refused or returned, but the question of when to say no remains complex and nuanced.’

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OUT-LAW.com, 3rd April 2024

Source: www.pinsentmasons.com

Ruling sheds light on energy supplier and broker liability for ‘secret’ commissions – OUT-LAW.com

Posted April 4th, 2024 in contracts, energy, fiduciary duty, limitations, news by tracey

‘A new ruling has confirmed that there are only limited circumstances in which British energy suppliers could be held liable for any failings by a broker to meet duties it owes customers pertaining to commission arrangements, experts have said.’

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OUT-LAW.com. 3rd April 2024

Source: www.pinsentmasons.com

Former supreme court judges say UK arming Israel breaches international law – The Guardian

Posted April 4th, 2024 in genocide, international law, international trade, Israel, judges, news, war, weapons by tracey

‘Three former supreme court justices, including the court’s former president Lady Hale, are among more than 600 lawyers, academics and retired senior judges warning that the UK government is breaching international law by continuing to arm Israel.’

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The Guardian, 3rd April 2024

Source: www.theguardian.com

NHS parking charges should be free of VAT, Court of Appeal rules – OUT-Law.com

Posted March 27th, 2024 in appeals, HM Revenue & Customs, hospitals, news, parking, taxation, VAT by sally

‘A new ruling by the Court of Appeal could help NHS trusts across England recover VAT paid on parking charges imposed at their hospital sites, though there is the prospect of an appeal, tax experts have said.’

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OUT-LAW.com, 26th March 2024

Source: www.pinsentmasons.com

Court of Appeal dismisses Tesco appeal in Lidl logo dispute – OUT-LAW.com

Posted March 27th, 2024 in appeals, intellectual property, news, trade marks by sally

‘A recent Court of Appeal judgment in a branding dispute between two UK supermarkets highlights the real challenge of appeals, an expert has said.’

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OUT-LAW.com, 26th March 2024

Source: www.pinsentmasons.com

ICO unveils new data protection fining guidance – OUT-LAW.com

Posted March 25th, 2024 in data protection, fines, news, ombudsmen, privacy by tracey

‘The Information Commissioner’s Office (ICO) has published new guidance setting out how it will determine penalty notices and calculate fines under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).’

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OUT-LAW.com, 22nd March 2024

Source: www.pinsentmasons.com

UK bitcoin money laundering case underscores key prevention role of professional services – OUT-LAW.com

Posted March 25th, 2024 in cryptocurrencies, legal profession, money laundering, news by tracey

‘A recent case involving the seizure of over £2 billion worth of bitcoin in the UK highlights the crucial role professionals in the financial and legal sectors can play in preventing money laundering, a financial crime expert has said.’

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OUT-LAW.com, 22nd March 2024

Source: www.pinsentmasons.com

Paul Tapsell considers some reasons parties give for refusing to mediate – Becket Chambers

Posted March 22nd, 2024 in chambers articles, dispute resolution, news by sally

‘A search of the internet for “how successful is mediation?” indicates that “mediation has an average success rate of 70-80%” but my daughter tells me that 86.7% of statistics on the internet are made up so further research is required. The authoritative CEDR 10th Annual Mediation Audit, available at Tenth-CEDR-Mediation-Audit-2023.pdf found that 72% of civil mediations settled on the day and a further 20% settled “shortly after”. There is, therefore, a very good chance that mediation will save the parties the cost, stress and emotional turmoil of litigation.’

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Becket Chambers, 29th February 2024

Source: becket-chambers.co.uk

CMA investigation into UK vet market could have big implications for investors – OUT-LAW.com

Posted March 18th, 2024 in animals, competition, news, ombudsmen, veterinary surgeons by tracey

‘The UK’s competition watchdog is to launch an in-depth investigation into the veterinary market due to concerns over poor competition and limited consumer choice, the outcome of which could have direct implications on buy-and-build investors in the sector, commercial and competition law experts have said.’

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OUT-LAW.com, 15th March 2024

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted March 15th, 2024 in law reports by michael

Court of Appeal (Civil Division)

Hadley v Przybylo [2024] EWCA Civ 250 (15 March 2024)

Kumar & Ors v LSC Finance Ltd [2024] EWCA Civ 254 (15 March 2024)

Ahmet v Tatum & Anor [2024] EWCA Civ 255 (15 March 2024)

White & Ors v Secretary of State for Health and Social Care [2024] EWCA Civ 244 (14 March 2024)

Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024)

Heathcote & Anor v Asertis Ltd [2024] EWCA Civ 242 (14 March 2024)

Deutsche Bank AG v Sebastian Holdings Inc & Anor [2024] EWCA Civ 245 (14 March 2024)

Quantum Advisory Ltd v Quantum Actuarial LLP [2024] EWCA Civ 247 (14 March 2024)

Court of Appeal (Criminal Division)

Young, R. v [2024] EWCA Crim 251 (15 March 2024)

High Court (Administrative Court)

DXK, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (15 March 2024)

Hamasalih v Italian Judicial Authority [2024] EWHC 595 (Admin) (15 March 2024)

McMahon, R (On the Application Of) v Independent Office for Police Conduct [2024] EWHC 556 (Admin) (14 March 2024)

McLeish & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2024] EWHC 532 (Admin) (14 March 2024)

Professional Standards Authority for Health and Social Care v General Pharmaceutical Council & Anor [2024] EWHC 577 (Admin) (14 March 2024)

LS, R (On the Application Of) v London Borough of Merton [2024] EWHC 584 (Admin) (14 March 2024)

High Court (King’s Bench Division)

Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB) (15 March 2024)

High Court (Technology & Construction Court)

Battersea Project Phase 2 Development Company Ltd v QFS Scaffolding Ltd [2024] EWHC 591 (TCC) (15 March 2024)

Jalla & Ors v Royal Dutch Shell PLC & Ors [2024] EWHC 578 (TCC) (14 March 2024)

Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies PLC [2024] EWHC 580 (TCC) (14 March 2024)

Source: www.bailii.org

UK Court of Appeal decision gives firms guidance on T&Cs in digital age – OUT-LAW.com

Posted March 14th, 2024 in contracts, electronic commerce, gambling, news by sally

‘The Court of Appeal in England and Wales has considered what businesses need to do to incorporate standard terms and conditions into a digital contract for online services for the first time.’

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OUT-LAW.com, 13th March 2024

Source: www.pinsentmasons.com