BAILII: Recent Decisions

Posted May 26th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Farrer & Co LLP v Meyer [2022] EWCA Civ 706 (26 May 2022)

Court of Appeal (Criminal Division)

R v Camara [2022] EWCA Crim 542 (25 May 2022)

R v Wilkes [2022] EWCA Crim 525 (25 May 2022)

High Court (Administrative Court)

Price v Crown Prosecution Service [2022] EWHC 1278 (Admin) (26 May 2022)

JD v Secretary of State for Justice [2022] EWHC 1238 (Admin) (25 May 2022)

United States of America v Al-Sarbel [2022] EWHC 1294 (Admin) (25 May 2022)

High Court (Chancery Division)

Ortho Clinical Diagnostics Holdings Plc, Re [2022] EWHC 1283 (Ch) (26 May 2022)

Tohidi v Estridge [2022] EWHC 1237 (Ch) (26 May 2022)

Turner & Ors v Thomas & Anor [2022] EWHC 1239 (Ch) (26 May 2022)

Bourlakova v Bourlakov [2022] EWHC 1269 (Ch) (26 May 2022)

Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 1240 (Ch) (25 May 2022)

High Court (Queen’s Bench Division)

ST v The Chief Constable of Nottinghamshire Police [2022] EWHC 1280 (QB) (26 May 2022)

High Court (Technology & Construction Court)

Northumbria Healthcare NHS Foundation Trust & Anor v Lendlease Construction (Europe) Ltd & Anor [2022] EWHC 1266 (TCC) (25 May 2022)

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Recent Statutory Instruments –

Posted May 26th, 2022 in legislation by michael

SI 2022/584 – The Sentencing Act 2020 (Surcharge) (Amendment) Regulations 2022

SI 2022/581 – The Immigration and Nationality (Fees) (Amendment) Regulations 2022

SI 2022/578 – The Leasehold Reform (Ground Rent) (Business Lease Notices) Regulations 2022


Nurse fined £10k over NHS pay protest in lockdown wins compensation – The Guardian

Posted May 26th, 2022 in compensation, coronavirus, demonstrations, fines, news, penalties, police, regulations by sally

‘Two NHS nurses have won compensation from Greater Manchester police (GMP) after being fined over a socially distant protest about NHS pay during lockdown.’

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The Guardian, 25th May 2022


What does UK law say about sexual harassment in the workplace? – OUP Blog

Posted May 26th, 2022 in employment, equality, harassment, news, vicarious liability by sally

‘An MP watching porn in the House of Commons and inappropriate comments made about the deputy leader of the Labour party’s legs: not even the place where our legislation is made appears to be immune from the issue of sexual harassment in the workplace.’

Full Story

OUP Blog, 25th May 2022


Case Preview: DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland) – UKSC Blog

Posted May 26th, 2022 in news, Scotland, Supreme Court, time limits, VAT by sally

‘DCM is an optician that sells spectacles and provides refractive eye surgery services. Under the value added tax regime, it makes both taxable supplies of goods and exempt supplies of medical services. The dual nature of its supplies creates difficulties in calculating the amount of VAT chargeable on its supplies and input tax recoverable on its acquisitions. In fact, from at least 2000, DCM had been in dispute with HMRC over a different input tax and output tax related issue.’

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UKSC Blog, 25th May 2022


How Deportation Flights Affect Our Human Rights – Each Other

Posted May 26th, 2022 in deportation, human rights, immigration, news by sally

‘Last Wednesday, the UK government deported seven Jamaican nationals living in the UK. Under the UK Borders Act (2007), any foreign national who has served a prison sentence of 12 months or longer may face deportation. One father left behind his partner and his five-year-old daughter. For him, and for others in his position, it will be a struggle to see his family again, despite the right to a family life which is protected under the Human Rights Act (HRA).’

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Each Other, 25th May 2022


‘Guilty as charged’: top UK officer urges police chiefs to admit institutional racism – The Guardian

Posted May 26th, 2022 in minorities, news, police, racism by sally

‘One of Britain’s most senior officers has called on chiefs to admit that institutional racism blights policing, declaring “we are guilty as charged”, and blaming failures on the leadership of law enforcement.’

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The Guardian, 25th May 2022


Plans to put victims back at the centre of justice system published – Ministry of Justice

Posted May 26th, 2022 in bills, criminal justice, news, prosecutions, victims by sally

‘Draft legislation published today by the Deputy Prime Minister Dominic Raab will pave the way for the first ever Victims’ Law – putting their needs and voices firmly at the heart of the justice system.’

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Ministry of Justice, 25th May 2022


Patient funding request for life-saving treatment – Law Society’s Gazette

Posted May 26th, 2022 in cancer, judicial review, medical treatment, news, Wales by sally

‘The case of R (on the application of Wallpott) v Welsh Health Specialised Services Committee and Aneurin Bevan University Health Board [2021] EWHC 3291 (Admin) [2022] ACD 27 involved a challenge to a refusal to fund potentially life-saving medical treatment. It concerned Maria Wallpott, a 50-year-old woman with a rare form of appendix cancer. Ms Wallpott’s clinicians had recommended that she undergo cytoreductive surgery with hyperthermic intraperitoneal chemotherapy (CRS with HIPEC). This treatment, involving the surgical removal of visible tumour and flushing with a heated chemotherapy agent, was not routinely available in Wales, in contrast to England, Scotland and Northern Ireland. An individual patient funding request (IPFR) was therefore made by Ms Wallpott’s doctor to the Welsh Health Specialised Services Committee (WHSSC), which acted on behalf of the local health board. A WHSSC panel refused the request and maintained its decision on review.’

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Law Society's Gazette, 20th May 2022


Court of Protection judge calls for further evidence in Covid-19 vaccination case – Local Government Lawyer

‘A Court of Protection judge has taken what he called the “rare step” of seeking more evidence before making a ruling over whether a man with severe disabilities should be given the Covid-19 vaccination.’

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Local Government Lawyer, 26th May 2022


What Is Modern Slavery And Are Victims Being Failed? – Each Other

‘Despite protections under the Modern Slavery Act (2015), victims of modern slavery in the UK are still struggling to access support, or to be recognised as victims at all. In the first three months of 2021, almost 3,000 potential victims were referred to the Home Office. According to a recent Freedom of Information (FOI) request filed by EachOther to the Home Office, between January and September 2021, immigration authorities detained 229 people who were identified as possible victims of modern slavery. Now, charities have raised concerns over the government’s approach to children exploited by drug trafficking gangs and migrant victims of modern slavery, who may be detained and deported if identified.’

Full Story

Each Other, 23rd May 2022


Review calls for child protection overhaul in England after two deaths – The Guardian

Posted May 26th, 2022 in child abuse, children, homicide, news, police, reports, social services by sally

‘Child protection services in England face a shake-up after an independent review of safeguarding failures that led to the killings of six-year-old Arthur Labinjo-Hughes and the toddler Star Hobson.’

Full Story

The Guardian, 26th May 2022


Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022