BAILII: Recent Decisions

Posted February 22nd, 2024 in law reports by michael

Supreme Court

RM, Re Application for Judicial Review (Northern Ireland) (Rev1) [2024] UKSC 7 (21 February 2024)

High Court (Administrative Court)

Project Genesis Ltd v Secretary of State for Levelling Up, Housing And Communities & Ors [2024] EWHC 368 (Admin) (21 February 2024)

Galloway, R (On the Application Of) v Durham County Council [2024] EWHC 367 (Admin) (21 February 2024)

Rights Community Action Ltd, R, (On the Application Of) v Secretary of State for Levelling Up, Housing And Communities [2024] EWHC 359 (Admin) (20 February 2024)

Kobierowski v Poland [2024] EWHC 366 (Admin) (20 February 2024)

Khan v The Secretary of State For Foreign, Commonwealth and Development Affairs [2024] EWHC 361 (Admin) (20 February 2024)

McKilligan v Parole Board for England and Wales [2024] EWHC 336 (Admin) (20 February 2024)

High Court (Chancery Division)

The Tintometer Ltd & Anor v Pitmans (a firm) & Anor [2024] EWHC 370 (Ch) (21 February 2024)

Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd & Ors [2024] EWHC 357 (Ch) (21 February 2024)

Thiel-Czerwinke & Anor v Crabb (Courtside Recycling Ltd, Re) [2024] EWHC 337 (Ch) (21 February 2024)

Lim & Ors v Ong [2024] EWHC 373 (Ch) (20 February 2024)

High Court (Family Division)

ZS v The Estate of NJ [2024] EWHC 306 (Fam) (21 February 2024)

X v X & Anor (Time Barred Adoption) [2024] EWHC 364 (Fam) (20 February 2024)

High Court (King’s Bench Division)

Santander PLC v Harris [2024] EWHC 351 (KB) (22 February 2024)

Nazir & Anor v Begum [2024] EWHC 378 (KB) (21 February 2024)

Bell v Commissioner of Police of the Metropolis [2024] EWHC 379 (KB) (21 February 2024)

High Court (Technology & Construction Court)

Scotbeef Ltd v D&S Storage Ltd & Anor [2024] EWHC 341 (TCC) (20 February 2024)

Source: www.bailii.org

UK regulator to apologise to gay doctors struck off because of sexuality – The Guardian

Posted February 22nd, 2024 in disciplinary procedures, doctors, homosexuality, news by sally

‘The UK medical regulator is to apologise to gay doctors struck off because of their sexuality, the Guardian can reveal.’

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The Guardian, 22nd February 2024

Source: www.theguardian.com

Lewis Graham: Paused Policies, Secret Policies and the Rule of Law: XY v Secretary of State for the Home Department – UK Constitutional Law Association

‘It is hard to think of a concept with a more contested definition in legal and political circles than “the rule of law”. The question of what content (if any) might be found within it (and indeed, what “it” even is – a political truth? A normative ideal? A mere slogan?) has been taken up, with varying degrees of enthusiasm, by first-year law students, wizened academics, campaigning groups and politicians. If it sometimes seems that a thicker, rights-laden understanding of the term has taken root, detractors are always quick to emerge, eager to remind us of what the rule of law is and what it is not. There is a real danger in piling too much upon the notion so as to distort the concept, which may cause us to lose sight of why the rule of law is uniquely important. At the very least, framing the rule of law narrowly helps ensure that an appropriate degree of opprobrium can be generated in those instances when it is, in fact, undermined.’

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UK Constitutional Law Association, 22nd February 2024

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted February 22nd, 2024 in legislation by michael

SI 2024/190 – The Misuse of Drugs Act 1971 (Amendment) Order 2024

SI 2024/189 – The Inspectors of Education, Children’s Services and Skills Order 2024

SI 2024/188 – The Visiting Forces (Designation) Order 2024

SI 2024/187 – The Social Security (Contributions) (Amendment) Regulations 2024

SI 2024/186 – The Police and Crime Commissioner Elections (Designation of Local Authorities and Police Area Returning Officers) Order 2024

SI 2024/176 – The Tax Credits (Miscellaneous Amendments) Regulations 2024

SI 2024/175 – The Crime and Courts Act 2013 (Application and Modification of the Extradition Act 2003) (England and Wales) Order 2024

SI 2024/172 – The Extradition Appeals (Scotland) Order 2024

SI 2024/170 – The Firefighters’ Pension Scheme (England) (Amendment) Regulations 2024

SI 2024/169 – The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2024

SI 2024/168 – The Electricity (Criteria for Relevant Electricity Projects) (Transmission) Regulations 2024

SI 2024/167 – The Income Tax (Digital Requirements) (Amendment) Regulations 2024

SI 2024/166 – The Customs (Preferential Trade Arrangements: Error in Evidence of Origin) Regulations 2024

SI 2024/165 – The Nutrition and Health Claims (England) (Amendment) Regulations 2024

SI 2024/162 – The Offshore Installations (Safety Zones) Order 2024

SI 2024/157 – The North Northamptonshire (Electoral Changes) Order 2024

SI 2024/156 – The Dudley (Electoral Changes) Order 2024

SI 2024/149 – The Social Security (Gibraltar) Order 2024

Source: www.legislation.gov.uk

Ex-Met police officer convicted of multiple counts of rape – BBC News

Posted February 22nd, 2024 in child abuse, London, news, non-molestation orders, police, rape by sally

‘A man recruited by the Metropolitan police as an officer despite being accused of raping a child was convicted on Wednesday of 13 counts of raping a woman and a child, as well as kidnap.’

Full Story

The Guardian, 21st February 2024

Source: www.theguardian.com

Appeal judges reject attempts to blame lawyers for convictions – Legal Futures

‘The Court of Appeal has rejected two separate attempts by convicted criminals to blame poor performance by lawyers for their convictions.’

Full Story

Legal Futures, 22nd February 2024

Source: www.legalfutures.co.uk

Widow sues AstraZeneca after husband’s Covid-19 vaccine death – BBC News

Posted February 22nd, 2024 in bereavement, coronavirus, married persons, news, personal injuries, vaccination by sally

‘A woman is suing AstraZeneca after her husband died from a “rare reaction” to the company’s Covid-19 vaccine.’

Full Story

BBC News, 22nd February 2024

Source: www.bbc.co.uk

UK quits treaty that lets fossil fuel firms sue governments over climate policies – The Guardian

Posted February 22nd, 2024 in climate change, energy, news, treaties by sally

‘The UK is pulling out of a treaty that lets fossil fuel firms sue governments over their climate policies.’

Full Story

The Guardian, 22nd February 2024

Source: www.theguardian.com

Stolen treasures – Counsel

Posted February 22nd, 2024 in artistic works, news, theft by sally

‘In August 2023, the British Museum issued a press release that set hares running in the art world. Two thousand assets from its permanent collection had been stolen or damaged. Some, it transpired, had gone missing in plain sight. This prompted a fast-moving review into the Museum’s security apparatus, resulting in the resignation of its director and the dismissal of members of staff implicated in a programme of digital heists. But most notable, perhaps, was the ire of public scrutiny that was raised in the wake of the scandal: how did the Museum drop the ball so critically that the security and integrity of its entire collection came to be compromised? The seriousness of the matter was compounded, no doubt, by the fact that the provenance of scores of the stolen pieces derived from other civilisations. As such, a decades-old debate has now reignited concerning the moral basis for the acquisition and continued custodianship over foreign cultural treasures.’

Full Story

Counsel, 19th February 2024

Source: www.counselmagazine.co.uk

Employers must make ‘reasonable adjustments’ for women going through menopause – The Guardian

Posted February 22nd, 2024 in employment, equality, health, news, women by sally

‘Employers could be sued for disability discrimination if they fail to make “reasonable adjustments” for women going through menopause under new guidance issued by the Equality and Human Rights Commission (EHRC) on Thursday, amid concern over the number of women leaving their jobs due to symptoms.’

Full Story

The Guardian, 22nd February 2024

Source: www.theguardian.com

Avon calling again with the latest word … on compromises! – Pensions Barrister

Posted February 22nd, 2024 in amendments, civil procedure rules, compromise, news, pensions by sally

‘Paul Newman KC has written a casenote on the judge’s second judgment, delivered on 19 February, in the Avon case in relation to the compromise of the Courage issue that arose in that case.’

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Pensions Barrister, February 2024

Source: www.pensionsbarrister.com

Baby loss certificates introduced in England – BBC News

Posted February 22nd, 2024 in bereavement, birth certificates, families, news by sally

‘Bereaved parents who lose a baby before 24 weeks of pregnancy in England can now receive a certificate in recognition of their loss.’

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BBC News, 22nd February 2024

Source: www.bbc.co.uk

Removing UK climate protesters’ defence ‘could erode right to trial by jury’ – The Guardian

‘A UK government attempt to remove one of the last remaining defences for climate protesters would be a slippery slope to the erosion of the constitutional right to trial by jury, the court of appeal was told on Wednesday.’

Full Story

The Guardian, 21st February 2024

Source: www.theguardian.com

Black women at the Bar: challenges faced and a fairer future – Counsel

‘Bibi Badejo reports from a packed Inns of Court Women’s Alliance event examining the experiences of Black women barristers and imparting crucial advice for Black women navigating the legal profession.’

Full Story

Counsel, 19th February 2024

Source: www.counselmagazine.co.uk

New guide to help evidence the role of racism in state-custody deaths – JUSTICE

Posted February 21st, 2024 in bereavement, death in custody, families, inquests, news, racism by sally

‘A new guide released today (21/2/24) provides lawyers representing families bereaved by deaths in police custody, prisons, immigration detention, and mental health settings with the legal expertise to raise the potential role of race and racism at inquests. It also provides foundational knowledge and strategy to coroners to ensure they satisfy their duty in fully investigating the circumstances in state custody deaths.’

Full Story

JUSTICE, 21st February 2024

Source: justice.org.uk

Supreme Court to hear appeal by Welsh council next week in Japanese knotweed case – Local Government Lawyer

Posted February 21st, 2024 in appeals, damages, housing, local government, news, nuisance, Supreme Court, Wales by sally

‘The Supreme Court will next week hear a council’s appeal of a Court of Appeal judgment which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

Full Story

Local Government Lawyer, 20th February 2024

Source: www.localgovernmentlawyer.co.uk

£1.2bn Is Spent Convicting People By Association, Including Innocent Bystanders – Each Other

Posted February 21st, 2024 in bills, budgets, criminal justice, homicide, joint enterprise, news, prosecutions, statistics by sally

‘A recent report by Manchester Metropolitan University, ‘The Mounting Cost of Injustice: Calculating the Economic Cost of Joint Enterprise’, reveals that £1.2bn of taxpayer money is spent annually to convict an average of 1,088 individuals under joint enterprise.’

Full Story

Each Other, 19th February 2024

Source: eachother.org.uk

Negligence case by schizophrenic man who killed three OAPs gets go-ahead – The Independent

‘A paranoid schizophrenic who killed three pensioners will be allowed to continue his legal challenge over his treatment from authorities before the deaths, the Court of Appeal has ruled.’

Full Story

The Independent, 20th February 2024

Source: www.independent.co.uk

Teachers in England could face ban for failing to report evidence of sexual abuse of children – The Guardian

‘Teachers in England face being banned if they fail to report evidence of children being subjected to sexual abuse under plans for new legislation announced by the home secretary, James Cleverly.’

Full Story

The Guardian, 21st February 2024

Source: www.theguardian.com

SDT rules that solicitor posted antisemitic tweets – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) yesterday upheld allegations that a solicitor published antisemitic and offensive posts on social media and also abused Solicitors Regulation Authority (SRA) staff.’

Full Story

Legal Futures, 21st February 2024

Source: www.legalfutures.co.uk