BAILII – Recent Decisions

Posted December 7th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Taylor & Anor v Raspin [2022] EWCA Civ 1613 (07 December 2022)

HM Revenue and Customs v Wilkes [2022] EWCA Civ 1612 (07 December 2022)

Sayn-Wittgenstein-Sayn v HM Juan Carlos Alfonso Victor Maria de Borbon y Borbon (Rev1) [2022] EWCA Civ 1595 (06 December 2022)

High Court (Chancery Division)

Clements v Frisby [2022] EWHC 3124 (Ch) (06 December 2022)

High Court (King’s Bench Division)

ABC v Palmer [2022] EWHC 3128 (KB) (07 December 2022)

Johnson v Secretary of State for the Home Department [2022] EWHC 3120 (KB) (07 December 2022)


Statutory Instruments –

Posted December 7th, 2022 in legislation by michael

SI 2022/1292 – The Air Quality (Designation of Relevant Public Authorities) (England) Regulations 2022

SI 2022/1288 – The Van Benefit and Car and Van Fuel Benefit Order 2022

SI 2022/1285 – The Pensions Act 2004 (Disclosure of Restricted Information by the Pensions Regulator) (Amendment of Specified Persons) Order 2022

SI 2022/1283 – The Customs (Tariff Quotas) (EU Exit) (Amendment) (No. 2) Regulations 2022

SI 2022/1281 – The Haiti (Sanctions) Regulations 2022


Pilot scheme to allow family court reporting for first time – Local Government Lawyer

‘Journalists will be able to report what happens in family courts from the end of January, under a pilot scheme taking place in Leeds, Cardiff and Carlisle.’

Full Story

Local Government Lawyer, 5th December 2022


Elizabeth A. O’Loughlin, Gabriel Tan and Cassandra Somers-Joce: The Duty of Candour in Judicial Review: The Case of the Lost Policy – UK Constitutional Law Association

Posted December 7th, 2022 in constitutional law, disclosure, government departments, judicial review, news by sally

‘Earlier this year, in a Divisional Court judgment that garnered much attention from public lawyers, the Home Office conceded that its secret and blanket policy of seizing and downloading data from the mobile phones of all those arriving by small boats was unlawful: R (HM, MA and KH) v Secretary of State for the Home Department [2022] EWHC 695 (Admin). Having initially denied the existence of the blanket policy as “based on anecdote and surmise” in pre-action correspondence, a position from which the government did not resile following the commencement of judicial review proceedings, the defendant belatedly accepted in advance of the hearing that such a policy did indeed operate between April and November 2020 (para 32). The defendant ultimately accepted that their position prior to this point was “inadvertently inconsistent with the duty of candour” and offered an “unreserved apology” (para 32).’

Full Story

UK Constitutional Law Association, 7th December 2022


Parents of man left to die in prison say care failures will haunt them for ever – The Guardian

Posted December 7th, 2022 in bereavement, death in custody, families, inquests, negligence, news, nurses, prisons by sally

‘The parents of a 25-year-old man left to die in a cell by a negligent prison nurse given responsibility for 800 inmates have told how the conditions in which their son died will haunt them for ever.’

Full Story

The Guardian, 6th December 2022


Children and Families Act 2014 has failed to improve lives of children and young people, peers find – Local Government Lawyer

Posted December 7th, 2022 in children, families, inquiries, news, reports, special educational needs by sally

‘A lack of focus on implementing and monitoring the impact of the Children and Families Act 2014, despite it being envisaged as a “landmark piece of legislation”, has led to the Act being “a largely missed opportunity”, a House of Lords committee has concluded in a report.’

Full Story

Local Government Lawyer, 6th December 2022


UK families call for easier access to deceased children’s social media history – The Guardian

Posted December 7th, 2022 in bereavement, bills, coroners, families, inquests, internet, mental health, news, suicide by sally

‘Bereaved families are calling for easier access to the social media histories of deceased children, supporting amendments to the online safety bill.’

Full Story

The Guardian, 5th December 2022


Bar regulator faces formal LSB action over performance crisis – Legal Futures

‘The Legal Services Board (LSB) has begun talking about taking formal action against the Bar Standards Board (BSB) over shortcomings in its performance, which it has emerged include how it has dealt with the Post Office scandal.’

Full Story

Legal Futures, 7th December 2022