Month: October 2021
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Revenue And Customs v Kishore [2021] EWCA Civ 1565 (28 October 2021)
TRW Ltd v Panasonic Industry Europe GmbH & Anor [2021] EWCA Civ 1558 (28 October 2021)
High Court (Administrative Court)
High Court (Chancery Division)
Phones 4U Ltd v EE Ltd & Ors (Expert Evidence) [2021] EWHC 2879 (Ch) (28 October 2021)
High Court (Technology and Construction Court)
Buckinghamshire Council v FCC Buckinghamshire Ltd [2021] EWHC 2867 (TCC) (26 October 2021)
Source: www.bailii.org
Material Contribution in the Spotlight (Again) following Thorley v Sandwell & West Birmingham Hospitals NHS Trust – Ropewalk Clinical Negligence Blog
‘This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis. In so doing, however, he concluded that as a matter of law the material contribution approach to causation does not apply when there is a single tortfeasor and an indivisible injury.
Soole J is surely right to acknowledge that this is an issue “ripe for authoritative review” (see [151]), but it is suggested that his reasons for reaching the above conclusion are somewhat questionable.’
Ropewalk Clinical Negligence Blog, 26th October 2021
Source: www.ropewalk.co.uk
George Peretz QC: The Subsidy Control Bill: Part II – Application to legislation, questions & concerns – UK Constitutional Law Association
‘In the first part of this post, I set out the structure of the Subsidy Control Bill. This post looks at how it applies to legislation and at some questions and concerns about enforcement and judicial review.’
UK Constitutional Law Association, 29th October 2021
Source: ukconstitutionallaw.org
Lord Hodge, The Scope of Judicial Law-making in Constitutional Law and Public Law – Supreme Court
‘The scope of judicial law-making in constitutional law and public law.’
Supreme Court, 27th October 2021
Source: www.supremecourt.uk
Progressing interim injunctions – Local Government Lawyer
‘A High Court judge recently accused four councils of abusing the court’s processes by failing to progress interim injunctions granted against “persons unknown”. Roderick Morton looks at the challenges faced by local authorities.’
Local Government Lawyer, 29th October 2021
Source: www.localgovernmentlawyer.co.uk
Lawyers the only winners in “nihilistic” divorce dispute, says judge – Legal Futures
‘The lawyers are the only beneficiaries of a “nihilistic” divorce dispute that has cost £2.3m in legal fees, with the couple’s children the main losers, a High Court judge has ruled.’
Legal Futures, 29th October 2021
Source: www.legalfutures.co.uk
Research Briefing: Firearms: licensing and safety – House of Commons Library
‘This Library briefing paper discusses the regulation of firearms in the UK.’
House of Commons Library, 26th October 2021
Source: commonslibrary.parliament.uk
Research Briefing: Bankruptcy – House of Commons Library
‘This Commons briefing paper provides a outline of bankruptcy procedures in England and Wales.’
House of Commons Library , 27th October 2021
Source: commonslibrary.parliament.uk
Transparency to be ‘new norm’ in Family Division – McFarlane – Law Society’s Gazette
‘Openness in the family justice system should be regarded as “the new norm”, the president of the Family Division said yesterday, proposing that the media should be allowed to report court hearings more fully.’
Law Society's Gazette, 29th October 2021
Source: www.lawgazette.co.uk
Emiliano Sala: Businessman who organised fatal flight found guilty of endangering safety of plane – The Independent
‘The businessman who organised the flight that crashed and killed footballer Emiliano Sala has been found guilty of endangering the safety of an aircraft.’
The Independent, 28th October 2021
Source: www.independent.co.uk
Conversion therapy to be restricted but not banned in proposed bill – The Guardian
‘Equalities minister Liz Truss will consult on plans to allow counselling for non-vulnerable adults.’
The Guardian, 29th October 2021
Source: www.theguardian.com
Sidney Cooke: Notorious paedophile denied parole for 10th time – BBC News
‘One of Britain’s most notorious child sex offenders has been refused parole for the 10th time. Sidney Cooke, now 94, was jailed for life with a minimum five-year term in 1999 for the abuse of two brothers.’
BBC News, 28th October 2021
Source: www.bbc.co.uk
Man spared jail for threatening Labour deputy leader Angela Rayner after Sir David Amess murder – The Independent
‘A man has been spared jail after sending a threatening email telling deputy Labour leader Angela Rayner she should “watch her back” after he found her address online.’
The Independent, 28th October 2021
Source: www.independent.co.uk
Regulator paves way for NHS e-cigarette prescriptions in England – The Guardian
‘E-cigarettes may soon be prescribed on the NHS to help smokers quit under radical plans by ministers to slash smoking rates in England. The Medicines and Healthcare products Regulatory Agency (MHRA) has published updated guidance that paves the way for medicinally licensed e-cigarette products to be prescribed for tobacco smokers who want to stop smoking and switch to vaping instead.’
The Guardian, 29th October 2021
Source: www.theguardian.com
Wembley park killings: Danyal Hussein jailed for life for murdering sisters – BBC News
‘A man who murdered two sisters at random in a park has been jailed for life, with a minimum term of 35 years.’
BBC News, 28th October 2021
Source: www.bbc.co.uk
New Judgment: Kostal UK Ltd v Dunkley and others [2021] UKSC 47 – UKSC Blog
‘The Appellant and 56 others are all members of the trade union “Unite” and are employed by the Respondent. They began formal annual pay negotiations and the Respondent made a pay offer. Union members were balloted and rejected the offer. The Respondent then made the same offer to its employees directly, bypassing Unite, also saying that if no agreement was reached “this may lead to the company serving notice on your contract of employment”.’
UKSC Blog, 27th October 2021
Source: ukscblog.com
Art collector’s court case signals potential legal and contractual issues with NFTs – OUT-LAW.com
‘Liverpool-based art collector and computer programmer Amir Soleymani has recently filed a High Court claim against non-fungible token (NFT) marketplace Nifty Gateway, concerning the auction terms relating to his $650,000 third-place bid for digital artist Beeple’s “Abundance” NFT.’
OUT-LAW.com, 26th October 2021
Source: www.pinsentmasons.com
Unreasonable force contributed to death of black man restrained in Leicester, jury finds – The Guardian
‘A jury has found that unreasonable force used during restraint probably contributed to the death of a 29-year-old black man who was held down for 17 minutes after attempting to rob a Leicestershire supermarket.’
The Guardian, 26th October 2021
Source: www.theguardian.com