Recent Statutory Instruments –

Posted June 17th, 2022 in legislation by tracey

SI 2022/660 – The Passport (Fees) Regulations 2022

SI 2022/649 – The Traffic Management Act 2004 (Commencement No. 11) (England) Order 2022

SI 2022/674 – The Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2022

SI 2022/669 – The Freedom of Information (Additional Public Authorities) Order 2022

SI 2022/662 – The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2022

SI 2022/659 – The Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022

SI 2022/680 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 1 and Transitional Provision) (Amendment) Regulations 2022


BAILII: Recent Decisions

Posted June 17th, 2022 in law reports by tracey

Supreme Court

H-W (Children) and In the matter of H-W (Children) (No 2) [2022] UKSC 17 (15 June 2022)

AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16 (15 June 2022)

SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15 (15 June 2022)

Court of Appeal (Civil Division)

Antonio v Secretary of State for the Home Department [2022] EWCA Civ 809 (16 June 2022)

Court of Appeal (Criminal Division)

Johnson v Regina [2022] EWCA Crim 790 (14 June 2022)

High Court (Administrative Court)

Merticariu v Judecatoria Arad, Romania [2022] EWHC 1507 (Admin) (17 June 2022)

Liquid Leisure Ltd, R (On the Application Of) v Royal Borough of Windsor and Maidenhead [2022] EWHC 1493 (Admin) (16 June 2022)

High Court (Chancery Division)

Wormleighton v Hammersley & Anor (Re Paragon Offshore PLC) [2022] EWHC 1498 (Ch) (16 June 2022)

Banca Generali SPA v CFE (Suisse) SA & Anor [2022] EWHC 1450 (Ch) (15 June 2022)

Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1416 (Ch) (15 June 2022)

Hannam v RPA Systems Ltd & Anor [2022] EWHC 1354 (Ch) (15 June 2022)

Official Receiver v Obaigbena [2022] EWHC 1399 (Ch) (14 June 2022)

Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2022] EWHC 1467 (Ch) (14 June 2022)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2022] EWHC 1445 (Ch) (14 June 2022)

High Court (Commercial Court)

Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) (16 June 2022)

Umbrella Legal Solicitors Ltd v Affirm Legal Ltd [2022] EWHC 1510 (Comm) (16 June 2022)

Henry Williams Ltd v Cotton & Ors [2022] EWHC 1509 (Comm) (16 June 2022)

High Court (Family Division)

B (Children: Care Proceedings: Jurisdiction: Transfer of Proceedings) [2022] EWHC 1494 (Fam) (15 June 2022)

High Court (Queen’s Bench Division)

Samrai & Ors v Kalia [2022] EWHC 1424 (QB) (16 June 2022)

Banks v Blount [2022] EWHC 1491 (QB) (15 June 2022)

Brem v Murray & Anor [2022] EWHC 1479 (QB) (15 June 2022)

High Court (Technology and Construction Court)

Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC) (16 June 2022)

FTH Ltd v Varis Developments Ltd [2022] EWHC 1385 (TCC) (08 June 2022)

Essential Living (Greenwich) Ltd v Elements (Europe) Ltd [2022] EWHC 1400 (TCC) (08 June 2022)


The obligation to pay a notified sum where the contractor is insolvent – Practical Law: Construction Blog

Posted June 17th, 2022 in construction industry, enforcement, insolvency, news by tracey

‘The general rule created by section 111 of the Construction Act 1996 is well known: in the absence of a pay less notice, the notified sum is to be paid without set-off or deduction. Although this is capable of causing problems for an employer in the short term, any overpayments can usually be corrected in future payment cycles (whether interim or final) or by a true value adjudication (following S&T (UK) Ltd v Grove Developments Ltd).’

Full Story

Practical Law: Construction Blog, 15th June 2022


Tort claims for economic loss on construction projects – Avantage v WSP – Practical Law: Construction Blog

Posted June 17th, 2022 in construction industry, duty of care, negligence, news by tracey

‘Construction claims usually arise out of a breach of contract, because it is easier to establish liability than under a tortious claim. However, where there is no contract or the contractual limitation period has expired, or a contracting party is insolvent or is uninsured, parties may have no choice but to bring a claim in tort.’

Full Story

Practical Law: Construction Blog , 14th June 2022


New pilots to boost support for rape victims in court – Ministry of Justice

‘Rape victims will receive enhanced support at 3 Crown Courts under a new pilot scheme launched by the government today (16 June 2022) as part of efforts to drive up prosecutions and convictions.’

Full Story

Ministry of Justice, 16th June 2022


Speech by the Lord Chief Justice: Slynn Lecture – Courts and Tribunals Judiciary

Posted June 17th, 2022 in coronavirus, criminal justice, Crown Court, judges, solicitors, speeches by tracey

‘Speech by the Lord Chief Justice: Slynn Lecture.’

Full speech

Courts and Tribunals Judiciary , 16th June 2022


Apple faces £768m collective action for ‘throttling’ iPhones – Law Society’s Gazette

Posted June 17th, 2022 in class actions, competition, consumer protection, news, telecommunications by tracey

‘Technology giant Apple is facing a £768m collective action over claims it secretly “throttled” iPhones with software updates to disguise overloaded batteries.
Consumer champion Justin Gutmann, formerly of Citizens Advice, is bringing the case on behalf of around 25 million people against Apple for allegedly abusing its market dominance by concealing a ‘power management tool’ in updates which reduced iPhones’ performance by up to 58%.’

Full Story

Law Society's Gazette, 16th June 2022


Financial Remedy Update, June 2022 – Family Law Week

Posted June 17th, 2022 in children, divorce, domestic violence, families, family courts, fees, news by tracey

‘Rose-Marie Drury, Principle Associate at Mills & Reeve LLP considers the most important news and case law relating to financial remedies and divorce during May 2022.’

Full Story

Family Law Week, 13th June 2022


Liverpool gangland enforcer charged £10k to blind victim – BBC News

‘A gangland enforcer who threw acid in a man’s face and plotted to blind others under the orders of an underworld crime boss has been jailed for life.’

Full Story

BBC News, 16th June 2022


Burying of Victorian bridge in Cumbria must be reversed, says council – The Guardian

Posted June 17th, 2022 in complaints, local government, news, planning, railways, repairs, roads by tracey

‘The government’s road agency will be forced to remove hundreds of tonnes of concrete it used to bury a Victorian bridge arch despite offering a £450,000 sweetener to allow the controversial scheme to stay. Eden district council’s planning committee resisted the offer by unanimously deciding to refuse National Highways (NH) retrospective planning permission for a crude infilling project at Great Musgrave, Cumbria, that was widely condemned as “cultural vandalism”.’

Full Story

The Guardian, 16th June 2022


Co-owners jailed and firm fined £2m over deaths of workers in animal feed tanker – The Independent

‘A food waste recycling company has been fined £2 million and one of its co-owners jailed for 13 years after two workers died in a road haulage tanker containing pig feed.’

Full Story

The Independent, 16th June 2022


Covid: Anti-vaxxer jailed for north Wales jab centres vandalism – BBC News

Posted June 17th, 2022 in coronavirus, criminal damage, imprisonment, news, sentencing by tracey

‘An anti-vaxxer has been jailed for smashing windows with rocks at two north Wales Covid vaccination centres’

Full Story

BBC News, 16th June 2022


Woman jailed for using 15-year-old as ‘sexual plaything’ – The Independent

‘A woman has been jailed after she made a schoolboy her “sexual plaything” and plied him with drugs.’

Full Story

The Independent, 16th June 2022


Rape courts pilot in England dismissed as ‘gimmick’ amid low conviction rates – The Guardian

‘The announcement of three specialist courtrooms to prosecute rape cases has been dismissed as a “gimmick” that does not address the chronic underfunding of the justice system that led to a fall in convictions.’

Full Story

The Guardian, 16th June 2022


Black people in Merseyside twice as likely to be arrested – report – BBC News

Posted June 17th, 2022 in equality, news, police, race discrimination, racism, statistics by tracey

‘Black people in Merseyside are twice as likely to face arrest than white people, a police report has revealed.’

Full Story

BBC News, 17th June 2022