Day: 13 February 2023
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Good v Commissioners of HM Revenue and Customs [2023] EWCA Civ 114 (10 February 2023)
Tradition Financial Services Ltd v Bilta (UK) Ltd & Ors [2023] EWCA Civ 112 (10 February 2023)
Patel v Minerva Services Delaware, Inc & Ors [2023] EWCA Civ 118 (10 February 2023)
Vodafone Group Plc & Ors v IPCom GmbH & Co KG [2023] EWCA Civ 113 (10 February 2023)
Court of Appeal (Criminal Division)
Clough, R. v [2023] EWCA Crim 107 (09 February 2023)
High Court (Administrative Court)
Campbell v Court of Thrace (Greece) [2023] EWHC 267 (Admin) (10 February 2023)
Gisca v Prosecutor General of Trieste, Italy [2023] EWHC 241 (Admin) (10 February 2023)
Varga v Regional Court of Budapest, Hungary [2023] EWHC 253 (Admin) (09 February 2023)
Cherif v Government of Norway [2023] EWHC 213 (Admin) (09 February 2023)
BAA, R (On the Application Of) v Liverpool City Council [2023] EWHC 252 (Admin) (08 February 2023)
High Court (Chancery Division)
Tangle Inc v One for Fun Ltd & Ors [2023] EWHC 217 (Ch) (10 February 2023)
Marriott Worldwide Corporation v Delta Air Lines, Inc. [2023] EWHC 283 (Ch) (10 February 2023)
Libyan Investment Authority & Ors v King & Ors [2023] EWHC 265 (Ch) (10 February 2023)
High Court (Commercial Court)
Man & Anor v Hazelend LLP [2023] EWHC 221 (Comm) (10 February 2023)
Olympic Council of Asia v Novans Jets LLP & Ors [2023] EWHC 276 (Comm) (10 February 2023)
DC Bars Ltd & Anor v QIC Europe Ltd [2023] EWHC 245 (Comm) (09 February 2023)
Milsom & Anor v Smith & Anor [2023] EWHC 255 (Comm) (07 February 2023)
High Court (Family Division)
Coventry City Council v MK & Ors [2023] EWHC 249 (Fam) (09 February 2023)
High Court (King’s Bench Division)
Soriano v Forensic News LLC & Ors [2023] EWHC 262 (KB) (10 February 2023)
Aruchanga v Secretary of State for the Home Department [2023] EWHC 282 (KB) (10 February 2023)
Wilson v Mendelsohn & Ors [2023] EWHC 231 (KB) (09 February 2023)
High Court (Technology and Construction Court)
WRB (NI) Ltd v Henry Construction Projects Ltd [2023] EWHC 278 (TCC) (10 February 2023)
Source: www.bailii.org
Asylum support rate increased after Home Secretary’s unlawful failings – EIN Blog
‘On 16 December 2022, following a one-day trial heard in the High Court in Manchester, Fordham J. made an eyebrow-raising order including declarations that the Home Secretary had unlawfully failed to review the rate of asylum support payments under section 95 of the Immigration and Asylum Act 1999 (“IAA 1999”) and had failed to ensure the rate is adequate to meet the essential living needs of asylum seekers. Unbeknown to many, that state of affairs had been so since 14 September 2022. The Home Secretary would continue to be acting unlawfully unless and until she increased the rate, either by a policy decision or by amending the Asylum Support Regulations 2000.’
EIN Blog, 6th February 2023
Source: www.ein.org.uk
Without prejudice privilege – guidance from the Privy Council – Practical Law: Construction Blog
‘I advise many clients involved in construction projects who are on the cusp of a dispute. While they take legal advice on the merits of their position, my clients usually continue to seek to reach an amicable solution with their counterparty through direct negotiation as well as continuing to liaise on a day to day basis to get the job finished. In this context, my clients regularly ask, “Should my email be without prejudice?”. Although the law in this area is relatively settled, the question continues to throw up difficulties. I have been involved with several cases where one party has attempted to put material before a judge or adjudicator that the other side says is inadmissible because it was made without prejudice. The recent Privy Council case of A&A v Petroleum Co of Trinidad & Tobago sheds some light on this perennial problem.’
Practical Law: Construction Blog, 7th February 2023
Why an exceptional view might constitute a nuisance against your neighbours – Local Government Lawyer
‘Anjali Patel looks at the lessons to be learned from the Supreme Court’s ruling in the Tate Modern viewing platform dispute.’
Local Government Lawyer, 10th February 2023
Source: www.localgovernmentlawyer.co.uk
Highways: the ‘rule of thumb’ – Local Government Lawyer
‘In the first in a series of articles Jack Harding delves into some of the lesser-known authorities relating to the Highway Authority’s duty to maintain the highway under the Highways Act 1980.’
Local Government Lawyer, 10th February 2023
Source: www.localgovernmentlawyer.co.uk
Appeal rights exhausted care leavers and human rights assessments – Local Government Lawyer
‘A local authority recently conceded that Children Act 1989 duties take precedence over residual and discretionary Immigration Act 1999 powers. Amanda Weston KC and Maria Moodie explain why.’
Local Government Lawyer, 10th February 2023
Source: www.localgovernmentlawyer.co.uk
Self-employed consultant was employee of firm under Equality Act – Legal Futures
‘A self-employed consultant at a law firm fell within the definition of an employee for the purposes of claims under the Equality Act 2010, an employment tribunal has ruled.’
Legal Futures, 13th February 2023
Source: www.legalfutures.co.uk
Compulsory purchase review to ensure laws are fit for future development projects – Law Commission
‘The Law Commission of England and Wales has announced that it will begin a review of the legislation governing compulsory purchase, in order to make the law simpler, consistent and more accessible.’
Law Commission, 6th February 2022
Source: www.lawcom.gov.uk
People smuggling gang jailed for 26 years – Home Office
‘Members of an organised crime group which smuggled more than a dozen Middle Eastern nationals into the UK have been jailed for a combined 26 years.’
Home Office, 10th February 2023
Source: www.gov.uk
The recognition of polyamorous marriages in England and Wales – Family Law
‘The House of Commons Library has published a briefing paper considering when polygamous marriages might be legally recognised.’
Family Law, 10th February 2023
Source: www.familylaw.co.uk
Beneficiary allowed to challenge firm’s fees after fourfold rise – Law Society’s Gazette
‘The High Court has allowed a will beneficiary to challenge a costs bill which rose significantly from its original estimate.’
Law Society’s Gazette, 10th February 2023
Source: www.lawgazette.co.uk
Domestic abuse victims ‘still being cross-examined by alleged perpetrator’ – Law Society’s Gazette
‘Victims of domestic abuse are still being cross-examined by alleged perpetrators in the family courts despite the “appalling practice” being banned by the Domestic Abuse Act, women’s charities and solicitors have told the lord chancellor.
Law Society's Gazette, 12th February 2023
Source: www.lawgazette.co.uk
International Children Law Update: January 2023 – Family Law Week
‘Jacqueline Renton and Mani Singh Basi, both barristers of 4 Paper Buildings, review the latest key decisions in international children law.’
Family Law Week, 3rd February 2023
Source: www.familylawweek.co.uk
‘They haven’t the foggiest who we are’: the watchdog fighting to protect Britain’s exploited workers – The Guardian
‘Margaret Beels, the UK’s labour market tsar, is frustrated at the pace of legislative change in the face of egregious exploitation.’
The Guardian, 11th February 2023
Source: www.theguardian.com
NHS trust pays woman damages after son’s body left to decompose – The Guardian
‘A woman has been paid damages by an NHS trust after developing post-traumatic stress disorder when a mortuary allowed her son’s body to decompose to such an extent that relatives were advised not to view it, the Guardian can reveal.’
The Guardian, 12th February 2023
Source: www.theguardian.com
College lecturer Zoe Griffith dishonest over grades, hearing told – BBC News
‘A lecturer who gave students grades without fully assessing their work has been banned from the profession.’
BBC News, 12th February 2023
Source: www.bbc.co.uk
