Month: May 2022

BAILII: Recent Decisions

Posted May 5th, 2022 in law reports by michael

Court of Appeal (Civil Division)

C (A Child) (Fact-Finding) [2022] EWCA Civ 584 (04 May 2022)

Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2022] EWCA Civ 552 (04 May 2022)

Ullah & Ors, R (On the Application Of) v Secretary of State for the Home Department [2022] EWCA Civ 550 (04 May 2022)

ABP Technology Ltd v Voyetra Turtle Beach Inc & Anor [2022] EWCA Civ 594 (04 May 2022)

Park v Hadi & Anor [2022] EWCA Civ 581 (29 April 2022)

Mincione v Gedi Gruppo Editoriale SPA [2022] EWCA Civ 557 (29 April 2022)

Armstead v Royal Sun Alliance Insurance Company Ltd [2022] EWCA Civ 497 (28 April 2022)

The Claimants Listed In Schedule 1 To the Claim Form v Spence & Ors [2022] EWCA Civ 500 (28 April 2022)

High Court (Administrative Court)

Khyam, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 993 (Admin) (04 May 2022)

Ture, R (On the Application Of) v Her Majesty’s Senior Coroner for Manchester North [2022] EWHC 1027 (Admin) (04 May 2022)

Badea v Romanian Judicial Authority [2022] EWHC 1025 (Admin) (04 May 2022)

Nemeth & Ors v Hungarian Judicial Authorities [2022] EWHC 1024 (Admin) (04 May 2022)

Johnson, R (On the Application Of) v Parole Board for England and Wales & Anor [2022] EWHC 1026 (Admin) (04 May 2022)

All the Citizens & Anor, R (On the Application Of) v Secretary of State for Digital, Culture, Media and Sport & Ors [2022] EWHC 960 (Admin) (29 April 2022)

McDonnell v Dass Legal Solutions (MK) Law Ltd (t/a DLS Law) [2022] EWHC 991 (Admin) (29 April 2022)

James, R (On the Application Of) v Dover District Council [2022] EWHC 961 (Admin) (28 April 2022)

High  Court (Chancery Division)

Ince Gordon Dadds LLP v Mellitah Oil & Gas BV [2022] EWHC 997 (Ch) (03 May 2022)

The Secretary of State for Business, Energy And Industrial Strategy v Barnsby [2022] EWHC 971 (Ch) (29 April 2022)

Butler-Sloss & Ors v The Charity Commission for England And Wales & Anor [2022] EWHC 974 (Ch) (29 April 2022)

High Court (Commercial Court)

Richards & Anor v Speechly Bircham LLP & Anor [2022] EWHC 935 (Comm) (29 April 2022)

High Court Family Division)

M (A Child : Private Law Children Proceedings: Case Management: Intimate Images) [2022] EWHC 986 (Fam) (29 April 2022)

High Court (Patents Court)

Otsuka Pharmaceutical Co Ltd v GW Pharma Ltd [2022] EWHC 1012 (Pat) (03 May 2022)

High Court (Queen’s Bench Division)

Longley v PPB Entertainment Ltd & Ors [2022] EWHC 977 (QB) (29 April 2022)

High Court (Technology and Construction Court)

Alame & & Ors v Royal Dutch Shell Plc & Anor [2022] EWHC 989 (TCC) (29 April 2022)

The Rugby Football Union v Clark Smith Partnership Ltd & Anor [2022] EWHC 956 (TCC) (29 April 2022)

Source: www.bailii.org

Judicial Review of Policies – Local Government Law

Posted May 5th, 2022 in civil servants, government departments, judicial review, news, public records, statutory duty by sally

‘R (All the Citizens) v SoS (2022) EWHC 960 (Admin), a Divisional Court is concerned with whether there is a legal duty, enforceable by judicial review, to create and maintain records so that they are available for posterity, and whether policies are enforceable as a matter of public law.’

Full Story

Local Government Law, 4th May 2022

Source: local-government-law.11kbw.com

Case Comment: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49 – UKSC Blog

Posted May 5th, 2022 in company directors, confiscation, Crown Prosecution Service, fiduciary duty, illegality, news, proceeds of crime by sally

‘In this post, Amy Wilkinson, a senior associate in CMS’ financial crime team, comments on the decision of the UK Supreme Court in Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49. On 3 November 2021, the Supreme Court unanimously dismissed the appeal and ruled in favour of Aquila Advisory Ltd. The decision concerns attribution of directors’ criminal actions and who should have priority over assets derived from their criminal schemes.’

Full Story

UKSC Blog, 4th May 2022

Source: ukscblog.com

Government will not challenge court ruling on care home discharge policies – The Independent

Posted May 5th, 2022 in care homes, coronavirus, elderly, hospitals, ministers' powers and duties, news by sally

‘The Government has said it will not be appealing against a High Court ruling which stated its care home discharge policies were unlawful.’

Full Story

The Independent, 4th May 2022

Source: www.independent.co.uk

Judicial College Guidelines updated – Law Society’s Gazette

Posted May 5th, 2022 in damages, news, personal injuries by sally

‘On 11 April, the Judicial College published the 16th edition of its guidelines to the assessment of general damages in personal injury cases. The previous edition was published in November 2019. These guidelines were first published in 1992 and provide a critical tool for practitioners and the courts. They rely heavily on reported decisions, covering categories as diverse as injuries caused by death, chronic pain, dermatitis and other skin conditions. The higher awards are to be found in chapters 2 and 3, tetraplegia and head injury, where the ranges in the top bracket are £324,600 to £403,990 and £282,010 to £403,990 respectively. Total blindness and deafness attracts an award in the region of £403,990, while minor injuries “where there is a complete recovery within seven days” are valued at “a few hundred pounds to £690”.’

Full Story

Law Society's Gazette, 4May 2022

Source: www.lawgazette.co.uk

Five killers including triple murderer who smothered his baby have jail terms reviewed by judges – The Independent

Posted May 5th, 2022 in appeals, child abuse, domestic violence, murder, news, sentencing by sally

‘Five notorious killers including Sarah Everard’s murderer and a father who smothered his own baby daughter are having their sentences reviewed by senior judges.’

Full Story

The Independent, 5th May 2022

Source: www.independent.co.uk

No messing about – Nearly Legal

Posted May 5th, 2022 in homelessness, housing, local government, news, statutory duty by sally

‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’

Full Story

Nearly Legal, 4th May 2022

Source: nearlylegal.co.uk

Sex offenders being freed from UK military jail without any probation supervision, report warns – The Independent

Posted May 5th, 2022 in armed forces, courts martial, domestic violence, news, parole, sexual offences by sally

‘Sex offenders and domestic abusers are being freed from the UK’s military jail “without any safeguards or probation supervision”, inspectors have warned.’

Full Story

The Independent, 5th May 2022

Source: www.independent.co.uk

UK lawyers still able to work for Russian clients despite new services sanctions – The Guardian

Posted May 5th, 2022 in export controls, legal services, news, Russia, sanctions, Ukraine, war crimes by sally

‘The UK has said it will ban the export of services including accountancy, consultancy and PR advice to Russia in the latest attempt to isolate the country’s economy after the invasion of Ukraine – but lawyers will still be able to service Russian clients.’

Full Story

The Guardian, 4th May 2022

Source: www.theguardian.com

Worcestershire pizza shop owner found guilty of murdering and burying his wife – The Guardian

Posted May 4th, 2022 in domestic violence, families, murder, news, perverting the course of justice by sally

‘A pizza shop owner has been convicted of murdering his wife and burying her body in an unmarked grave that police did not discover for more than six months, despite extensive searches.’

Full Story

The Guardian, 3rd May 2022

Source: www.theguardian.com

Man who killed ‘caring’ grandfather because he reminded him to check on his children jailed – The Independent

Posted May 4th, 2022 in assault, families, homicide, imprisonment, news, sentencing by sally

‘A man has been sentenced to more than 12 years in prison for killing a “caring, loving and strong” grandfather because he reminded him to check on his children.’

Full Story

The Independent, 4th May 2022

Source: www.independent.co.uk

Supreme Court to consider rent repayment order regime and superior landlords – Local Government Lawyer

Posted May 4th, 2022 in appeals, housing, landlord & tenant, local government, news, rent, Supreme Court by sally

‘The Supreme Court has granted permission to appeal in a case concerning the Rent Repayment Order regime in the Housing Act 2004 and Housing and Planning Act 2016, it has been reported.’

Full Story

Local Government Lawyer, 4th May 2022

Source: www.localgovernmentlawyer.co.uk

Man found guilty of threatening ‘traitor’ Labour MP with noose – The Guardian

Posted May 4th, 2022 in conditional discharge, coronavirus, harassment, news, parliament, sentencing, threatening behaviour by sally

‘A man has been found guilty of threatening a Labour MP after he held a makeshift gallows with a noose outside parliament and said: “This is what we do to traitors.”’

Full Story

The Guardian, 3rd May 2022

Source: www.theguardian.com

Supreme Court grants permission to appeal over gang injunction secured by council – Local Government Lawyer

Posted May 4th, 2022 in appeals, gangs, human rights, injunctions, local government, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a gang injunction obtained by Birmingham City Council breached human rights law.’

Full Story

Local Government Lawyer, 3rd May 2022

Source: www.localgovernmentlawyer.co.uk

Judge throws cold water on “insignificant” data breach claims – Legal Futures

Posted May 3rd, 2022 in birth, damages, data protection, misuse of private information, news by sally

‘The burgeoning field of data breach claims has taken a blow with a High Court judge saying the disclosure of a person’s name, gender and date of birth is not serious enough.’

Full Story

Legal Futures, 3rd May 2022

Source: www.legalfutures.co.uk

People left out of pocket by traders say UK county court system ‘unfit for purpose’ – The Guardian

Posted May 3rd, 2022 in county courts, debts, enforcement, judgments, news, small claims by sally

‘Customers say judgments against firms lead nowhere and compound their misery.’

Full Story

The Guardian, 2nd May 2022

Source: www.theguardian.com

Law firm says staff can work from home – for 20% less pay – BBC News

Posted May 3rd, 2022 in flexible working, law firms, news, remuneration by sally

‘A London law firm has offered staff the option to work from home permanently, but the convenience comes at a price.’

Full Story

BBC News, 2nd May 2022

Source: www.bbc.co.uk

Trustee investment policy: Butler-Sloss & Ors – Law & Religion UK

Posted May 3rd, 2022 in charities, Charity Commission, environmental protection, news, trusts by sally

‘In Butler-Sloss & Ors v The Charity Commission for England and Wales & Anor [2022] EWHC 974 (Ch), the trustees of two charities – the Ashden Trust and the Mark Leonard Trust, whose principal purposes were environmental protection and improvement and the relief of poverty ­– sought clarification on whether they could adopt an investment policy that excluded many profitable potential investments which they considered would conflict with their charitable purposes.’

Full Story

Law & Religion UK, 2nd May 2022

Source: lawandreligionuk.com

Covid breach court case criticised by Bedford gym owner – BBC News

Posted May 3rd, 2022 in coronavirus, local government, news, penalties, prosecutions, regulations by sally

‘A gym boss who is among 20 people who overturned a prosecution for a gym-related Covid breach said the case against him was a waste of time.’

Full Story

BBC News, 3rd May 2022

Source: www.bbc.co.uk

Wetlands protection law delays building of new homes in England – The Guardian

Posted May 3rd, 2022 in environmental protection, housing, local government, news, planning, pollution, water by sally

‘A legal requirement that new houses do not pollute nearby wetlands, rivers and nature reserves has halted development across a swath of England.’

Full Story

The Guardian, 2nd May 2022

Source: www.theguardian.com