BAILII: Recent Decisions

Posted October 24th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Doran & Anor v County Rentals Ltd (t/a Hunters) [2022] EWCA Civ 1376 (24 October 2022)

Stampfer v Avon Ground Rents Ltd [2022] EWCA Civ 1375 (24 October 2022)

Rowe v London Borough of Haringey [2022] EWCA Civ 1370 (21 October 2022)

L3 v Secretary of State for the Home Department [2022] EWCA Civ 1357 (21 October 2022)

Al-Subaihi & Anor v Al-Sanea [2022] EWCA Civ 1349 (20 October 2022)

Court of Appeal (Criminal Division)

Surrey, R. V [2022] EWCA Crim 1379 (21 October 2022)

High Court (Administrative Court)

Rhieni Dros Addysg Gymraeg (Parents for Welsh-Medium Education), R (On the Application Of) v Neath Port Talbot County Borough Council [2022] EWHC 2674 (Admin) (24 October 2022)

TBG v A Chief Constable of Police [2022] EWHC 2665 (Admin) (21 October 2022)

Bickford-Smith, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs [2022] EWHC 2622 (Admin) (20 October 2022)

Bernacki v The Regional Court In Slupsk, Poland [2022] EWHC 2630 (Admin) (19 October 2022)

Standard Life Assurance Ltd v Secretary of State for Levelling-Up, Housing And Communities & Ors[2022] EWHC 2632 (Admin) (19 October 2022)


Recent Statutory Instruments –

Posted October 24th, 2022 in legislation by michael

SI 2022/1075 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 3) Regulations 2022

SI 2022/1073 – The Warm Home Discount (Scotland) Regulations 2022

SI 2022/1072 – The Air Navigation (Restriction of Flying) (Queen Elizabeth II Bridge, West Thurrock) (Emergency) (Revocation) Regulations 2022

SI 2022/1070 – The A47/A11 Thickthorn Junction Development Consent Order 2022

SI 2022/1068 – The Air Navigation (Restriction of Flying) (Queen Elizabeth II Bridge, West Thurrock) (Emergency) Regulations 2022

SI 2022/1067 – The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022

SI 2022/1065 – The Air Navigation (Restriction of Flying) (Royal Air Force Coningsby) Regulations 2022

SI 2022/1060 – The Ministry of Defence Police (Committee) (Amendment) Regulations 2022

SI 2022/1059 – The Environment Agency (Upper Black Moss and Lower Black Moss Reservoirs) Drought Order 2022

SI 2022/1055 – The Double Taxation Relief and International Tax Enforcement (Luxembourg) Order 2022

SI 2022/1053  – The Hampshire and Isle of Wight Police Area (Consequential Amendments) Regulations 2022


High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

Full Story

Local Government Lawyer, 21st October 2022


Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

Full Story

Guildhall Chambers, 13th October 2022


Law Society has ‘duty’ to tell solicitors to shun underpaid work, says president – The Guardian

‘The new president of the Law Society has said the association has a duty to tell solicitors in England and Wales to refuse criminal work if they are not paid properly for it, as they demand a 15% increase in legal aid fees to give them parity with barristers.’

Full Story

The Guardian, 23rd October 2022


Jail for pair who exploited 13-year-old drug mule – The Independent

Posted October 24th, 2022 in children, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by sally

‘A “callous” couple who exploited a 13-year-old boy to run heroin and crack cocaine from London to Kent as part of a county lines drugs operation have been jailed for a total of 12 years.’

Full Story

The Independent, 24th October 2022


Family lawyers and judges “need menopause training” – Legal Futures

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

Full Story

Legal Futures, 21st October 2022


Is Enough Being Done To Support ‘Adults At Risk’ In Immigration Detention? – Each Other

Posted October 24th, 2022 in detention, government departments, immigration, mental health, news by sally

‘The UK government can detain people considered not to have the legal right to be in the UK or whose claim to stay in the UK is being decided under immigration powers. These people can be detained by the Home Office in immigration removal centres (IRCs) in the UK, or prisons if they are serving a custodial sentence. But what happens when someone in detention is considered ‘particularly vulnerable to harm in immigration detention’?’

Full Story

Each Other, 24th October 2022


Travel and childcare costs ‘stopping domestic abuse victims getting to court’ – The Independent

‘The cost-of-living crisis is increasingly being used as justification for domestic abuse while some victims are unable to afford to get to court to obtain protection, a charity has warned.’

Full Story

The Independent, 24th October 2022


Requirements for private sector offers in discharge of duty – Nearly Legal

Posted October 24th, 2022 in appeals, homelessness, housing, local government, news, statutory duty by sally

‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’

Full Story

Nearly Legal, 23rd October 2022


Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

Full Story

Becket Chambers, 19th October 2022


Police apologise to woman for not pursuing sex assault report – BBC News

Posted October 24th, 2022 in evidence, media, news, police, sexual offences, victims by sally

‘A woman who was sexually assaulted at a bus station said police failed to act despite her sending them photos of her attacker.’

Full Story

BBC News, 24th October 2022


Rees-Mogg move to axe 2,400 laws is ‘anti-democratic’, say legal experts – The Guardian

Posted October 24th, 2022 in bills, brexit, EC law, government departments, news, statute law revision by sally

‘Leading lawyers have sounded the alarm over Jacob Rees-Mogg’s proposals for post-Brexit legislation that could result in 2,400 laws disappearing overnight – including a ban on animal testing for cosmetics, workers’ rights and environmental protections.’

Full Story

The Guardian, 24th October 2022