No wasted costs after fundamental dishonesty: Williams-Henry v Associated British Ports [2024] EWHC 2415 (KB) – 12 King’s Bench Walk

Posted December 4th, 2024 in news by tracey

‘In this blog Megan Griffiths reviews the Defendant’s failed application for wasted costs after securing a finding of fundamental dishonesty in Williams-Henry [2024] EWHC 2415.’

Full Story

12 King’s Bench Walk , 26th November 2024

Source: 12kbw.co.uk

Changes to Procedures and Time Limits in Crown Court Asset Forfeiture Appeals – 5SAH

Posted December 4th, 2024 in news by tracey

‘The Crown Court (Amendment No. 2) Rules 2024/1131 came into effect on 2 December 2024. They amend the Crown Court Rules 1982 (“the Rules”) which provide procedures for appeals against magistrates’ court orders for the seizure and forfeiture property under the Proceeds of Crime Act 2002 (“POCA”). These amendments concern appeals against orders for all asset forfeiture proceedings in the magistrates’ court, including those made under the Anti-Terrorism Crime and Security Act 2001 (“ATCSA”), and POCA.’

Full Story

5SAH, 3rd December 2024

Source: www.5sah.co.uk

Sergeant who punched detainee in head keeps his job – BBC News

Posted December 4th, 2024 in news by tracey

‘A former sergeant who used “excessive force” and punched a man in the head multiple times in a cell has been allowed to continue policing.’

Full Story

BBC News, 4th December 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 4th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Shashikanth, R (On the Application Of) v NHS Litigation Authority & Anor [2024] EWCA Civ 1477 (03 December 2024)

ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 (03 December 2024)

High Court (Commercial Court)

Manta Penyez Shipping Inc & Anor v Zuhoor Alsaeed Foodstuff Company [2024] EWHC 3109 (Comm) (03 December 2024)

Source: www.bailii.org

UK Supreme Court to hear another important AI patent case – OUT-LAW.com

Posted December 4th, 2024 in news by tracey

‘Commercially important questions concerning the degree to which software, including artificial intelligence (AI) systems, can be patented, are to be considered by the UK’s highest court in what will be the second important AI patent case to come before it.’

Full Story

OUTLAW.com, 3rd December 2024

Source: www.pinsentmasons.com

Failure to prevent fraud offence to impact on construction sector – OUT-LAW.com

Posted December 4th, 2024 in company law, construction industry, crime prevention, fraud, news by tracey

‘Businesses operating in the UK construction sector must prepare for the new failure to prevent fraud offence by ensuring robust compliance procedures are in place.’

Full Story

OUT-LAW.com, 3rd December 2024

Source: www.pinsentmasons.com

Evidencing Article 3 Systems Duty Breaches – UK HUman Rights Blog

Posted December 4th, 2024 in human rights, immigration, news by tracey

‘In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain.’

Full Story

UK Human Rights Blog, 4th December 2024

Source: ukhumanrightsblog.com

Positive requirements in ASB injunctions – Local Government Lawyer

Posted December 4th, 2024 in anti-social behaviour, appeals, injunctions, local government, news by tracey

‘Daryl Bigwood looks at the lessons from a successful appeal over a judge’s refusal to include a positive requirement in an ASB injunction.’

Full Story

Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Unpublished guidance and housing allocation schemes – Local Government Lawyer

Posted December 4th, 2024 in children, families, housing, judicial review, local government, news by tracey

‘A recent bid for judicial review concerned the inconsistency between a council’s unpublished guidance and its housing allocations scheme. Jeremy Ogilvie-Harris analyses the outcome.’

Full Story

Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

AI “could amplify gender biases in legal profession” – Legal Futures

‘Increased use of artificial intelligence (AI) could “perpetuate or even amplify existing gender biases in the legal profession”, new research has warned.’

Full Story

Legal Futures, 4th December 2024

Source: www.legalfutures.co.uk

Pioneering collective action settles subject to tribunal approval – Legal Futures

Posted December 4th, 2024 in appeals, banking, class actions, compensation, consumer protection, news by tracey

‘The groundbreaking collective action brought against Mastercard has settled, subject to approval by the Competition Appeal Tribunal (CAT), it was announced yesterday.’

Full Story

Legal Futures, 4th November 2024

Source: www.legalfutures.co.uk

Research Briefing: A short introduction to equality law and policy – House of Commons Library

Posted December 4th, 2024 in equality, human rights, news, parliament by tracey

‘This briefing provides an overview of equality law, summarising the main concepts and the role of the Equality and Human Rights Commission.’

Full Story

House of Commons Library, 2nd December 2024

Source: commonslibrary.parliament.uk

Incentivise defence solicitors for early guilty pleas, DPP tells MPs – Law Society’s Gazette

Posted December 4th, 2024 in Crown Court, delay, guilty pleas, news, solicitors by tracey

‘Letting the prosecution proactively approach the defence and incentivising lawyers for early guilty pleas could make a significant dent in the Crown court backlog, the head of the Crown Prosecution Service has told MPs.’

Full Story

Law Society's Gazette, 4th December 2024

Source: www.lawgazette.co.uk

Legal fight against homes between protected commons – BBC News

Posted December 4th, 2024 in commons, environmental protection, housing, local government, news, planning by tracey

‘A group of people have launched a legal challenge against plans to build homes on land between two protected commons.’

Full Story

BBC News, 4th December 2024

Source: www.bbc.co.uk

Bitcoin miner sues over £600m ‘lost in tip’ – BBC News

Posted December 4th, 2024 in compensation, cryptocurrencies, local government, news, waste by tracey

‘A man trying to recover a Bitcoin hard drive in a landfill site which he says is now worth about £600m is “seeking to bribe the council”, it has been claimed in court. Newport council has asked a High Court judge to strike out a claim by James Howells, who is attempting to sue the local authority to gain access to the site or get £495m in compensation.’

Full Story

BBC News, 3rd December 2024

Source: www.bbc.co.uk

Gang jailed over £200m of cocaine in banana boxes – BBC News

‘A gang has been jailed after trying to smuggle cocaine with a street value of about £200m in a cargo of bananas from Colombia.’

Full Story

BBC News, 3rd December 2024

Source: www.bbc.co.uk

All the new driving laws and costs coming to British roads in December – and what they mean for you – The Independent

Posted December 4th, 2024 in fines, news, road traffic, road traffic offences, roads by tracey

‘A raft of road rules and changes are due to come into effect this December.’

Full Story

The Independent, 2nd December 2024

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted December 3rd, 2024 in law reports by tracey

Court of Appeal (Civil Division)

McCalla v Secretary of State for Defence [2024] EWCA Civ 1467 (02 December 2024)

Davda v The Institute and Faculty of Actuaries [2024] EWCA Civ 1460 (02 December 2024)

Secretary of State for Work and Pensions v Versnick & Anor [2024] EWCA Civ 1454 (29 November 2024)

Dairy UK Ltd v Oatly AB [2024] EWCA Civ 1453 (29 November 2024)

High Court (Administrative Court)

Wallis, R (on the application of) v North Northamptonshire Council [2024] EWHC 3076 (Admin) (02 December 2024)

Nicholls v Government of the United States of America [2024] EWHC 3071 (Admin) (29 November 2024)

QA, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 3064 (Admin) (29 November 2024)

ZHB, R (On the Application Of) v The City And County of Cardiff Council [2024] EWHC 3079 (Admin) (29 November 2024)

Kozubal v Regional Court In Rzeszow, Poland [2024] EWHC 3032 (Admin) (29 November 2024)

High Court (Chancery Division)

JMW Solicitors LLP & Ors v Injury Lawyers 4U Ltd & Ors [2024] EWHC 3103 (Ch) (03 December 2024)

Gladwin v RSM UK Restructuring Advisory LLP [2024] EWHC 3054 (Ch) (02 December 2024)

Wilkinson v Maher & Ors (Re Pocket Renting Ltd) [2024] EWHC 2948 (Ch) (29 November 2024)

Norman v N & CJ Horton Property [2024] EWHC 2994 (Ch) (29 November 2024)

High Court (Commercial Court)

Yamada Ltd v Setara Holdings Inc & Ors [2024] EWHC 3095 (Comm) (02 December 2024)

SFL Ace 2 Company Inc v DCW Management Ltd & Ors [2024] EWHC 3074 (Comm) (29 November 2024)

Hotel Portfolio II UK Ltd v Marlborough Developments Ltd & Ors [2024] EWHC 3075 (Comm) (29 November 2024)

Barclays Bank PLC v VEB.RF [2024] EWHC 3088 (Comm) (28 November 2024)

High Court (Family Division)

K v M [2024] EWHC 3081 (Fam) (29 November 2024)

High Court (King’s Bench Division)

Amberside Energy (Development) Ltd & Ors v Ahmed & Anor [2024] EWHC 3077 (KB) (02 December 2024)

Byrne v Motorsport Vision Racing Ltd & Ors [2024] EWHC 2966 (KB) (29 November 2024)

Abayomi v CIFAS [2024] EWHC 3060 (KB) (29 November 2024)

Source: www.bailii.org

Landlord behind 15-room unlicensed HMO sentenced – Local Government Lawyer

‘Runnymede Borough Council has successfully prosecuted a landlord who converted a three-bedroom bungalow into a 15-room unlicensed house of multiple occupation (HMO).’

Full Story

Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Judge refuses permission for judicial review of age assessment, finding it was carried out in accordance with Welsh Government toolkit – Local Government Lawyer

Posted December 3rd, 2024 in asylum, benefits, children, housing, judicial review, local government, news, young persons by tracey

‘The High Court has refused permission to challenge by way of judicial review an age assessment carried out by social workers employed by a Welsh council, which concluded that the claimant was an adult.’

Full Story

Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk