BAILII: Recent Decisions

Posted September 29th, 2022 in law reports by michael

Court of Appeal (Criminal Division)

Attorney General’s Reference on a Point of Law No. 1 of 2022 (Questions of law arising from prosecution in Crown Court for allegations of criminal damage to a statue) [2022] EWCA Crim 1259 (28 September 2022)

High Court (Chancery Division)

Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd (PROFESSIONAL NEGLIGENCE – Solicitors – Loss of opportunity to pursue claim to trial – Damages – Defendant’s application to strike out and for summary judgment) [2022] EWHC 2275 (Ch) (29 September 2022)

High Court (Commercial Court)

Dexia Crediop SPA v Provincia Di Pesaro E Urbino [2022] EWHC 2410 (Comm) (27 September 2022)

Source: www.bailii.org

MoJ rejects call for early review of whiplash tariff – Legal Futures

‘The Ministry of Justice (MoJ) has rejected a call for an early review of the tariff for the Official Injury Claim portal, although personal injury solicitors are continuing to lobby for it.’

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Legal Futures, 29th September 2022

Source: www.legalfutures.co.uk

Colston four: protesters cannot rely on ‘human rights’ defence, top judge rules – The Guardian

Posted September 29th, 2022 in appeals, criminal damage, demonstrations, human rights, monuments, news, violence by sally

‘Protesters accused of “significant” criminal damage cannot rely on human rights protections when on trial, the court of appeal has said.’

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The Guardian, 28th September 2022

Source: www.theguardian.com

Benefit claimant wins High Court challenge over DWP policy approach to “Third Party Deductions” – Local Government Lawyer

Posted September 29th, 2022 in benefits, judicial review, news, third parties, utilities by sally

‘The High Court has declared unlawful the Department for Work & Pensions’ written guidance for officials on ‘third party deductions’.’

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Local Government Lawyer, 29th September 2022

Source: www.localgovernmentlawyer.co.uk

Dying patient should have been seen in person – BBC News

Posted September 29th, 2022 in coronavirus, doctors, news, nurses, telecommunications by sally

‘NHS officials ruled a man who died after his ear infection was not picked up in GP telephone consultations should have been seen face to face, a BBC Newsnight investigation has found.’

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BBC News, 29th September 2022

Source: www.bbc.co.uk

David Torrance: A Tale of Two Accessions: 1952 and 2022 – UK Constitutional Law Association

Posted September 29th, 2022 in burials and cremation, Crown, news, Privy Council, royal family, succession by sally

‘No two Accessions are the same. That of King Edward VII in 1901 was characterised by widespread confusion regarding custom and practice, for Queen Victoria’s succession to the Throne had long ago faded from the public consciousness. This time, the “official mind” was better prepared and the major difference between the Accession of King Charles III in 2022 and that of his mother Queen Elizabeth II in February 1952 was its visibility. By comparing the ceremonial surrounding these Accessions (and some others), this article reveals developments in what Walter Bagehot called the “dignified” constitution over the past seven decades.’

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UK Constitutional Law Association, 28th September 2022

Source: ukconstitutionallaw.org

West Sussex social care failings contributed to teen’s death – BBC News

Posted September 29th, 2022 in inquests, mental health, news, social services, suicide, young persons by sally

‘A teenage boy died following a catalogue of failings by social services, an inquest has heard.’

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BBC News, 28th September 2022

Source: www.bbc.co.uk

Dalian Atkinson’s family condemns justice system for six-year delay – The Guardian

Posted September 29th, 2022 in bereavement, delay, families, homicide, minorities, news, police, prosecutions by sally

‘Dalian Atkinson’s family have criticised police for taking the life of their loved one and condemned the justice system for taking six years to complete criminal trials of officers involved.’

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The Guardian, 28th September 2022

Source: www.theguardian.com