BAILII: Recent Decisions

Posted January 17th, 2023 in law reports by michael

Court of Appeal (Civil Division)

Blacker, R (On the Application Of) v Chelmsford City Council (Rev1) [2023] EWCA Civ 25 (17 January 2023)

Anan Kasei Co. Ltd & Anor v Neo Chemicals & Oxides (Europe) Ltd & Ors [2023] EWCA Civ 11 (17 January 2023)

Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 (17 January 2023)

T & Ors v Secretary of State for Work & Pensions [2023] EWCA Civ 24 (17 January 2023)

C, Re (Surrogacy: Consent) (Rev1) [2023] EWCA Civ 16 (16 January 2023)

Wilson & Anor v McNamara [2023] EWCA Civ 20 (16 January 2023)

Court of Appeal (Criminal Division)

City of York Council, R (On the Application Of) v AUH & Ors [2023] EWCA Crim 6 (16 January 2023)

Gold, R. v [2023] EWCA Crim 22 (16 January 2023)

Jefferies, R. v [2023] EWCA Crim 21 (16 January 2023)

Holder, R. v [2023] EWCA Crim 5 (13 January 2023)

High Court (Administrative Court)

AA & Ors, R (On the Application Of) v National Health Service Commissioning Board (Operating Under the Name of NHS England) [2023] EWHC 43 (Admin) (16 January 2023)

High Court (Patents Court)

Nokia Technologies OY & Anor v Oneplus Limited Technology (Shenzhen) Co., Ltd & Ors [2023] EWHC 23 (Pat) (16 January 2023)

High Court (King’s Bench Division)

Piepenbrock v London School of Economics and Political Science & Ors [2023] EWHC 52 (KB) (17 January 2023)

Bitar v Banque Libano-Francaise SAL [2023] EWHC 17 (KB) (16 January 2023)

Hetherington v Blythe [2023] EWHC 41 (KB) (16 January 2023)


Statutory Instruments –

Posted January 17th, 2023 in legislation by michael

SI 2023/38 – The International Tax Enforcement (Disclosable Arrangements) Regulations 2023

SI 2023/36 – The Income Tax (Indexation of Blind Person’s Allowance and Married Couple’s Allowance) Order 2023

SI 2023/30 – The Carriers’ Liability (Clandestine Entrants) (Level of Penalty: Code of Practice) Order 2023

SI 2023/29 – The Carriers’ Liability (Amendment) Regulations 2023

SI 2023/26 – The Wychavon (Electoral Changes) Order 2023

SI 2023/23 – The Malvern Hills (Electoral Changes) Order 2023

SI 2023/22 – The Brighton & Hove (Electoral Changes) Order 2023

SI 2023/21 – The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2023

SI 2023/17 – The Official Controls (Northern Ireland) Regulations 2023

SI 2023/12 – The Immigration (Restrictions on Employment etc.) (Amendment) (EU Exit) Regulations 2023


Tech bosses face jail if children not kept safe online after UK parliament deal – The Guardian

Posted January 17th, 2023 in amendments, bills, children, internet, news, prosecutions by sally

‘Tech executives whose platforms persistently fail to protect children from online harm will face criminal charges after ministers reached a deal with Conservative backbenchers.’

Full Story

The Guardian, 16th January 2023


Ministry of Justice to launch call for evidence on open justice – Legal Futures

Posted January 17th, 2023 in courts, electronic filing, media, Ministry of Justice, news, remote hearings, tribunals by sally

‘The Ministry of Justice (MoJ) is to launch a “wide-ranging” call for evidence on open justice, access to information and transparency across the courts and tribunals.’

Full Story

Legal Futures, 17th January 2023


Rishi Sunak blocks Scotland’s gender recognition legislation – The Guardian

Posted January 17th, 2023 in bills, birth certificates, devolution, news, Scotland, transgender persons by sally

‘Rishi Sunak’s government has blocked legislation passed by the Scottish parliament that would make Scotland the first part of the UK to introduce a self-identification system for people who want to change gender.’

Full Story

The Guardian, 16th January 2023


Will disputes – Mills & Reeve

Posted January 17th, 2023 in executors, news, powers of attorney, probate, wills by sally

‘It’s becoming more and more common to see disputes over inheritance. In 2019, 188 cases of challenging Wills reached the High Court, a dramatic increase of 47% from cases in 2018. In fact, it is now estimated that 3 in 4 people are likely to encounter such a dispute within their lifetimes. It is more important than ever therefore to be aware of the grounds upon which a Will may be challenged.’

Full Story

Mills & Reeve, 16th January 2023


London borough successfully defends judicial review claim as judge considers interaction between local authority obligations under Care Act 2014 and Housing Act 1996 – Local Government Lawyer

Posted January 17th, 2023 in community care, disabled persons, housing, judicial review, local government, news by sally

‘A High Court judge has dismissed a judicial review claim over the London Borough of Ealing’s decision to withdraw its funding of the claimant’s temporary bed and breakfast accommodation. The application concerned the interaction between the local authority’s obligations under the Care Act 2014 and its obligations under the Housing Act 1996.’

Full Story

Local Government Lawyer, 16th January 2023


Human Rights in the UK Are in Crisis According to New Report – Each Other

Posted January 17th, 2023 in human rights, news, reports, United Nations by sally

‘Over 70 organisations from across civil society in England and Wales have provided evidence for a new report to the UN on the UK’s human rights record. The report concludes that rights in the UK – including everyday rights such as to food, housing, social security, work, trade unions, health and education – are in crisis.’

Full Story

Each Other, 17th January 2023


Man who shared explosives recipe guilty of terror offences – BBC News

Posted January 17th, 2023 in explosives, news, terrorism, video recordings by sally

‘A man who shared bomb-making instructions in a far-right group chat has been convicted of terror offences.’

Full Story

BBC News, 16th January 2023


Judges allow partial appeal against Rwanda asylum seeker ruling – The Guardian

Posted January 17th, 2023 in appeals, asylum, deportation, news by sally

‘Two judges who ruled that the Home Office’s plan to send asylum seekers to Rwanda to have their cases processed was lawful have granted permission for parts of their decision to be challenged at the court of appeal.’

Full Story

The Guardian, 16th January 2023


What Is Sentencing And How Does It Work? – Each Other

Posted January 17th, 2023 in appeals, joint enterprise, news, select committees, sentencing by sally

‘The House of Commons Justice Committee has launched an inquiry into the public’s opinion and understanding of sentencing. The Justice Committee will examine their understanding of the current approach to sentencing in England and Wales. It has made us ask the question: what does sentencing mean for our rights?’

Full Story

Each Other, 13th January 2023


Met chief ‘can’t promise women reporting sexual offence will not meet officer accused of wrongdoing’ – The Independent

‘The head of the Metropolitan Police said he can’t promise that women reporting sexual offences will not encounter an officer under investigation.’

Full Story

The Independent, 17th January 2023


Government to review damp and mould guidance following death of Awaab Ishak – Local Government Lawyer

Posted January 17th, 2023 in children, coroners, health & safety, housing, inquests, news, reports by sally

‘The Government has announced plans to review guidance to landlords on damp and mould, after a coroner asked the government to take action to prevent future deaths.’

Full Story

Local Government Lawyer, 16th January 2023


Killamarsh murders: Probation failings over killer Damien Bendall – BBC News

Posted January 17th, 2023 in domestic violence, murder, news, probation, reports, sentencing by sally

‘A review into how a quadruple murderer was dealt with by probation officers has found failings “at every stage”.’

Full Story

BBC News, 17th January 2023