BAILII: Recent Decisions

Posted February 6th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Davies v Bridgend County Borough Council [2023] EWCA Civ 80 (03 February 2023)

Tulip Trading Limited (A Seychelles Company) v Bitcoin Association For BSV & Ors [2023] EWCA Civ 83 (03 February 2023)

Whitley Parish Council, R (On the Application Of) v North Yorkshire County Council & Anor [2023] EWCA Civ 92 (03 February 2023)

Dr Reddy’s Laboratories (UK) Ltd & Ors v Warner-Lambert Company LLC [2023] EWCA Civ 73 (01 February 2023)

High Court (Administrative Court)

Ganpot & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 197 (Admin) (03 February 2023)

Mariaddan v Solicitors Regulation Authority Ltd [2023] EWHC 207 (Admin) (03 February 2023)

Pearce, R (On the Application Of) v West Berkshire Council [2023] EWHC 209 (Admin) (03 February 2023)

Drozdowski v Regional Court In Warsaw, Poland & Anor [2023] EWHC 201 (Admin) (03 February 2023)

High Court (Chancery Division)

Griffiths v Griffiths & Ors [2023] EWHC 175 (Ch) (03 February 2023)

Davidson & Ors v Looney (Re Kieran Looney & Co Ltd) [2023] EWHC 197 (Ch) (02 February 2023)

An Unregistered Company, Re [2023] EWHC 114 (Ch) (02 February 2023)

High Court (Commercial Court)

JBR Capital Ltd v JM Investments/Trading Ltd & Anor [2023] EWHC 174 (Comm) (03 February 2023)

Samsung Electronics Co Ltd & Ors v LG Display Co Ltd & Anor [2023] EWHC 203 (Comm) (03 February 2023)

CRO v REC & Anor [2023] EWHC 189 (Comm) (03 February 2023)

High Court (Family Division)

P, Re (Appeal: Forced Marriage Protection Order: Jurisdiction) [2023] EWHC 195 (Fam) (02 February 2023)

High Court (King’s Bench Division)

Home Office v ASY & Ors [2023] EWHC 196 (KB) (30 January 2023)

High Court (Technology and Construction Court)

BDW Trading Ltd v Lantoom Ltd [2023] EWHC 183 (TCC) (03 February 2023)

Source: www.bailii.org

Supreme Court ruling in Tate Modern privacy case could create ‘new front of litigation’ – OUT-LAW.com

Posted February 6th, 2023 in appeals, damages, housing, injunctions, London, news, nuisance, privacy, Supreme Court by tracey

‘The Supreme Court’s ruling in a nuisance dispute involving a viewing platform at the Tate Modern gallery in London could “open a new front of litigation”, according to two legal experts.’

Full Story

OUT-LAW.com, 6th February 2023

Source: www.pinsentmasons.com

Sudlows v Global Switch part deux: a significant judgment or one that turns on its facts? – Practical Law: Construction Blog

Posted February 6th, 2023 in construction industry, dispute resolution, enforcement, news by tracey

‘Some years ago I wrote a number of blogs about the long-running legal battle between Gary Paice and Kim Springall (property developers) and MJ Harding (the building contractor). That really was the case that kept on giving, and I’m not sure we’ve had two parties provide such rich blog pickings since. However, I think there might be a favourite to take this most coveted of crowns in the form of the disputes between Sudlows Ltd (the contractor) and Global Switch Estates 1 Ltd (the employer). Although we are only on the second reported TCC enforcement judgment (some of you may recall I wrote about the last one in January 2021), they have had six adjudications and, given that it is clear from the latest judgment handed-down by Waksman J in December 2022 that the parties are still some £16.5 million apart, I suspect we may see more of them in the future.’

Full Story

Practical Law: Construction Blog, 1st February 2023

Source: constructionblog.practicallaw.com

Synthetic opioids will be banned as government acts to stop drug deaths – Home Office

Posted February 6th, 2023 in drug abuse, drug offences, government departments, news by tracey

‘Eleven more lethal substances to be made Class A drugs, following a recommendation by the Advisory Council on the Misuse of Drugs.’

Full Story

Home Office, 3rd February 2023

Source: www.gov.uk

Relocation applications – tip and tricks for cases involving Australia – Family Law

Posted February 6th, 2023 in children, families, family courts, immigration, news by tracey

‘Leave to remove cases (also known as relocation applications) can be some of the most challenging cases that come before the family court. Whilst any family matter can and often does elicit highly charged emotions and a degree of uncertainty, within relocation cases, the court is required to consider an application focusing on a child’s best interests and ultimately produce a binary answer: should a child relocate or not?’

Full Story

Family Law, 3rd February 2023

Source: www.familylaw.co.uk

Travel agent jailed for defrauding customers to fund lavish lifestyle – Crown Prosecution Service

‘A travel agent who stole money from friends, family and hundreds of members of the public who bought holidays from her, has today been jailed.’

Full Story

Crown Prosecution Service, 3rd February 2023

Source: www.cps.gov.uk

Competition court judges criticise parties in Merricks v Mastercard – Law Society’s Gazette

Posted February 6th, 2023 in banking, class actions, competition, damages, limitations, news, time limits by tracey

‘Commercial court judges found “neither side had covered itself in glory” in the latest judgment in Merricks v Mastercard Incorporated and Ors.’

Full Story

Law Society's Gazette, 5th February 2023

Source: www.lawgazette.co.uk

Care worker whistleblower outed by Home Office over exploitation claims – The Guardian

‘A victim of suspected labour abuse who confidentially disclosed details of exploitation to government investigators says she has been subjected to threats and intimidation after she was outed to her employer.’

Full Story

The Guardian, 5th February 2023

Source: www.theguardian.com

Hundreds of UK officers should never have been appointed, says police watchdog – The Guardian

‘Officers with prior convictions and close links with criminals are among hundreds who have joined the police in the last three years who should not have been allowed in, according to the head of the police watchdog.’

Full Story

The Guardian, 5th February 2023

Source: www.theguardian.com

David Carrick criminal inquiry to continue after his imprisonment – The Guardian

‘The criminal investigation into the serial rapist David Carrick will stay active even after his sentencing and imprisonment this week, as detectives sift through information about alleged further offending.’

Full Story

The Guardian, 6th February 2023

Source: www.theguardian.com

Bridgend land owner wins knotweed appeal court pay-out – BBC News

Posted February 6th, 2023 in appeals, damages, housing, local government, news, nuisance by tracey

‘A land owner has won a legal fight after complaining about Japanese knotweed encroaching from council land.’

Full Story

BBC News, 5th February 2023

Source: www.bbc.co.uk

Shoreham air crash: Pilot seeks judicial review of inquest verdict – BBC news

Posted February 6th, 2023 in accidents, aircraft, inquests, judicial review, negligence, news, unlawful killing by tracey

‘The pilot whose plane crashed at the Shoreham Airshow in 2015, killing 11 men, has asked for permission to judicially review the inquest into their deaths.’

Full Story

BBC News, 6th February 2023

Source: www.bbc.co.uk