BAILII: Recent Decisions
Court of Appeal (Civil Division)
Dove v HM Assistant Coroner for Teesside and Hartlepool & Anor [2023] EWCA Civ 289 (17 March 2023)
Court of Appeal (Criminal Division)
Dixon, R. v [2023] EWCA Crim 280 (17 March 2023)
Ahmed & Ors, R. v [2023] EWCA Crim 281 (17 March 2023)
High Court (Administrative Court)
High Court (Chancery Division)
High Court (Commercial Court)
SciPharm SarL v Moorfields Eye Hospital NHS Foundation Trust [2023] EWHC 569 (Comm) (16 March 2023)
High Court (Family Division)
Z and X, Re (Children: Article 13(b): Return to Kyiv) [2023] EWHC 602 (Fam) (17 March 2023)
High Court (King’s Bench Division)
Harlow District Council v Powerrapid Limited (Rev1) [2023] EWHC 586 (KB) (17 March 2023)
Source: www.bailii.org
The application of sentencing principles during a period when the prison population is very high – statement from the Chairman of the Sentencing Council – Sentencing Council
‘The Council is aware of concerns in relation to the current prison population in England and Wales. This raises the issue of whether the potential impact on offenders should be considered in sentencing.’
Sentencing Council, 20th March 2023
Source: www.sentencingcouncil.org.uk
Assessing capacity: the principles – Local Government Lawyer
‘Alex Ruck Keene KC (Hon) reports on a capacity masterclass from MacDonald J in the Court of Protection, and highlights an updated capacity guide from 39 Essex Chambers.’
Local Government Lawyer, 17th March 2023
Source: www.localgovernmentlawyer.co.uk
Highways: only a touch of frost – Local Government Lawyer
‘In his fourth and final article in a short series which focuses on case law which may assist in the defence of claims against Highways Authorities under s.41 of the Highways Act 1980, and inspired at least in part by the wintery weather sweeping across the country, Jack Harding focuses on snow and ice on the highway.’
Local Government Lawyer, 17th March 2023
Source: www.localgovernmentlawyer.co.uk
Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures
‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’
Legal Futures, 20th March 2023
Source: www.legalfutures.co.uk
Fraudster convicted decade ago must pay £92,500 – Law Society’s Gazette
‘A property dealer jailed for one of the UK’s biggest mortgage frauds a decade ago has been ordered to pay a further £92,500 – money which was recovered from a settlement over a donation to a private school.’
Law Society’s Gazette, 17th March 2023
Source: www.lawgazette.co.uk
British man deported to Jamaica launches action against Home Office – The Guardian
‘A British man convicted of murder is launching a legal action against the Home Office after he was wrongly deported to Jamaica.’
The Guardian, 19th March 2023
Source: www.theguardian.com
Watchdog to block shareholder payouts if UK water companies miss targets – The Guardian
‘The UK water regulator is to use new powers to block companies from shareholder payouts if they fail to hit performance and environmental targets.’
The Guardian, 20th March 2023
Source: www.theguardian.com
Snapchat murderer Mark Jones jailed for at least 16 years – BBC News
‘A man who stabbed his friend in the heart and posted videos of his dead body on Snapchat to humiliate him has been sentenced to at least 16 years in jail.’
BBC News, 17th March 2023
Source: www.bbc.co.uk
Whole life sentence prisoners face ban from marrying under Government plans – The Independent
‘Prisoners serving whole life sentences would be prevented from marrying under new Government plans.’
The Independent, 18th March 2023
Source: www.independent.co.uk
Met officers investigated for sexual misconduct working as normal – BBC News
‘More than 100 Metropolitan Police officers being investigated for sexual misconduct are currently working without restrictions, figures reveal.
The Liberal Democrats have found that as of 3 February, more than a quarter of 548 officers being investigated for domestic abuse and sexual misconduct were working as normal.’
BBC News, 20th March 2023
Source: www.bbc.co.uk
UK High Court decision paves the way on setting global FRAND royalty rate – OUT-LAW.com
‘The High Court in London has issued its first global fair, reasonable and non-discriminatory (FRAND) licensing decision since the UK Supreme Court’s landmark Unwired Planet ruling in 2020, confirming the approach taken by the judge in that case.’
OUT-LAW.com, 16th March 2023
Source: www.pinsentmasons.com
On account payment wasn’t exercising an adjudicator’s lien – Practical Law: Construction Blog
‘Earlier this year I wrote about the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd, where O’Farrell J continued an interim freezing injunction that had been granted a month or so earlier. As I said at the time, while I wouldn’t ordinarily be interested in an injunction application, I wrote about it because one of the contractor’s defences to enforcement of the adjudicator’s decision focused on the adjudicator’s request for on account payments for his fees.
Fast forward six months and the case has been back before the TCC judges (also called Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd). This time it was in front of Recorder Andrew Singer KC (sitting as a High Court judge), who was asked to look at the payment point as part of the enforcement application. He held that the adjudicator had not exercised a lien before issuing his decision.’
Practical Law: Construction Blog, 15th March 2023
Recent Statutory Instruments – legislation.gov.uk
SI 2023/321 – The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2023
SI 2023/309 – The Social Security (Contributions) (Amendment No. 3) Regulations 2023
SI 2023/308 – The Social Security (Contributions) (Amendment No. 2) Regulations 2023
SI 2023/307 – The Income Tax (Pay As You Earn) (Amendment) Regulations 2023
SI 2023/303 – The Mandatory Travel Concession (England) (Amendment) Regulations 2023
SI 2023/327 – The Tribunal Procedure (Amendment) Rules 2023
SI 2023/318 – The Employment Rights (Increase of Limits) Order 2023
SI 2023/296 – The Copyright and Performances (Application to Other Countries) (Amendment) Order 2023
SI 2023/336 – The Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2023
SI 2023/332 – The Personal Injuries (Civilians) Scheme (Amendment) Order 2023.
SI 2023/331 – The Removal, Storage and Disposal of Motor Vehicles (Amendment) Regulations 2023
SI 2023/326 – The Authority to Carry Scheme and Civil Penalties Regulations 2023
SI 2023/325 – The Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2023
SI 2023/323 – The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2023
SI 2023/333 – The International Fund for Agricultural Development (Twelfth Replenishment) Order 2023
SI 2023/316 – The Social Security Benefits Up-rating Order 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
The Law Debenture Trust Corporation plc v Ukraine [2023] UKSC 11 (15 March 2023)
Court of Appeal (Civil Division)
Cannon v Bar Standards Board [2023] EWCA Civ 278 (16 March 2023)
Manolete Partners Plc v Dalal [2023] EWCA Civ 269 (14 March 2023)
Court of Appeal (Criminal Division)
Murray & Ors, R. v [2023] EWCA Crim 282 (16 March 2023)
High Court (Administrative Court)
High Court (Chancery Division) Decisions
Decision Inc Holdings Proprietary Ltd & Anor v Garbett & Anor [2023] EWHC 588 (Ch) (16 March 2023)
Gupta & Anor v Shah & Ors [2023] EWHC 540 (Ch) (15 March 2023)
High Court (Patents Court)
High Court (King’s Bench Division)
Mortgage Express v Ramsay [2023] EWHC 566 (KB) (15 March 2023)
Source: www.legislation.gov.uk
Multi-million investment to turbocharge growth of technology in legal services – Ministry of Justice
‘CodeBase and Legal Geek will receive £3 million of government funding to turbocharge the development and use of technology in the legal sector.’
Ministry of Justice, 15th March 2023
Source: www.gov.uk
Negligence claim over law firm’s ground rent advice dismissed – Legal Futures
‘A circuit judge has dismissed a negligence claim over a London law firm’s alleged failure to give a client proper advice on a how much the ground rent would increase under a lease.’
Legal Futures, 17th March 2023
Source: www.legalfutures.co.uk
