BAILII: Recent Decisions

Posted September 20th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

The Quentin Skinner 2015 Settlement L & Ors v Revenue And Customs [2022] EWCA Civ 1222 (16 September 2022)

Barrow & Ors v Merrett & Anor [2022] EWCA Civ 1241 (16 September 2022)

High Court (Administrative Court)

Al-Jaban v Court of First Instance In Antwerp (Belgium) [2022] EWHC 2354 (Admin) (16 September 2022)

High Court (Chancery Division)

Dusoruth v Orca Finance UK Ltd [2022] EWHC 2346 (Ch) (16 September 2022)

Absolute Living Developments Ltd v DS7 Ltd & Ors [2022] EWHC 2351 (Ch) (16 September 2022)

High Court (Technology and Construction Court)

Braceurself Ltd v NHS England [2022] EWHC 2348 (TCC) (16 September 2022)

Source: www.bailli.org

Mere delicacy or fastidiousness? – Nearly Legal

Posted September 20th, 2022 in damages, news, nuisance, planning by tracey

‘Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC). An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Residential care, succession and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Online platforms face likely Digital Services Act disclosure deadline of February 2023 OUT-LAW.com

Posted September 20th, 2022 in disclosure, EC law, electronic commerce, internet, news, regulations, time limits by tracey

‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’

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OUT-LAW.com, 15th September 2022

Source: www.pinsentmasons.com

Property Rights, Crypto Tokens and Digital Assets: 8 Predictions – UK Human Rights Blog

Posted September 20th, 2022 in contracts, cryptocurrencies, Law Commission, news by tracey

‘In recent years, digital assets including cryptocurrencies and non-fungible tokens (NFTs) have commanded considerable media attention. Speaking extra-judicially in the foreward to the UKJT Statement on Crypto-assets and Smart Contracts in November 2019, the Master of the Rolls, Sir Geoffrey Vos, has stated that: “In legal terms, cryptoassets and smart contracts undoubtedly represent the future”. To what extent should the law of the future grant property rights in respect of crypto assets? Will the inalienable right to peaceful enjoyment of possessions apply to tokens existing only on the blockchain? Or to NFTs residing only in the “metaverse”?’

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UK Human Rights Blog, 16th September 2022

Source: ukhumanrightsblog.com

High Court gives go-ahead for judicial review of Home Office decision not to implement recommendation on emergency evacuation plans for disabled residents – Local Government Lawyer

Posted September 20th, 2022 in disabled persons, fire, government departments, health & safety, news by tracey

‘The High Court has agreed to hear a judicial review over the Home Office’s decision not to implement a recommendation from the Chair of the Grenfell Tower Inquiry for personal emergency evacuation plans for disabled people living in tower blocks.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Judge rules Tribunal erred by putting responsibility for part of EHCP on individual who was not lawful delegate or proxy for local authority – Local Government Lawyer

Posted September 20th, 2022 in local government, news, special educational needs, tribunals by tracey

‘The First-Tier Tribunal erred in law by giving responsibility for compiling an “all your need to know about” document concerning a child to a doctor who was not a lawful delegate or proxy for the council, the Upper Tribunal Administrative Appeals Chamber has said.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Financial Remedy Update, September 2022 – Family Law Week

Posted September 20th, 2022 in bankruptcy, divorce, financial provision, news, pensions by tracey

‘Sue Brookes, Principal Associate at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during August 2022.’

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Family Law Week, 15th September 2022

Source: www.familylawweek.co.uk

News focus: Big Brother watch – time for intercept evidence to be admissible in court? – Law Society’s Gazette

Posted September 20th, 2022 in admissibility, encryption, evidence, investigatory powers, news, telecommunications by tracey

‘Intercepts remain inadmissible as evidence, which makes our jurisdiction an outlier. Is it time to allow their use, when this could boost transparency and build public confidence?’

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Law society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

Few couples applying for joint divorce, HMCTS figures reveal – Law Society’s Gazette

Posted September 20th, 2022 in divorce, news, statistics by tracey

‘Take-up of a landmark provision designed to remove “unnecessary finger-pointing” from the divorce process remains comparatively low, according to government figures.’

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Law Society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

Molly Russell’s inquest to put focus on big tech – BBC News

Posted September 20th, 2022 in inquests, internet, mental health, news, suicide, young persons by tracey

‘Almost five years after she took her own life, the inquest into the death of teenager Molly Russell is due to begin.’

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BBC News, 20th September 2022

Source: www.bbc.co.uk