UK High Court decision paves the way on setting global FRAND royalty rate –

Posted March 17th, 2023 in intellectual property, licensing, news, patents, telecommunications by tracey

‘The High Court in London has issued its first global fair, reasonable and non-discriminatory (FRAND) licensing decision since the UK Supreme Court’s landmark Unwired Planet ruling in 2020, confirming the approach taken by the judge in that case.’

Full Story, 16th March 2023


On account payment wasn’t exercising an adjudicator’s lien – Practical Law: Construction Blog

Posted March 17th, 2023 in construction industry, dispute resolution, enforcement, injunctions, news by tracey

‘Earlier this year I wrote about the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd, where O’Farrell J continued an interim freezing injunction that had been granted a month or so earlier. As I said at the time, while I wouldn’t ordinarily be interested in an injunction application, I wrote about it because one of the contractor’s defences to enforcement of the adjudicator’s decision focused on the adjudicator’s request for on account payments for his fees.

Fast forward six months and the case has been back before the TCC judges (also called Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd). This time it was in front of Recorder Andrew Singer KC (sitting as a High Court judge), who was asked to look at the payment point as part of the enforcement application. He held that the adjudicator had not exercised a lien before issuing his decision.’

Full Story

Practical Law: Construction Blog, 15th March 2023


Recent Statutory Instruments –

Posted March 17th, 2023 in legislation by tracey

SI 2023/321 – The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2023

SI 2023/309 – The Social Security (Contributions) (Amendment No. 3) Regulations 2023

SI 2023/308 – The Social Security (Contributions) (Amendment No. 2) Regulations 2023

SI 2023/307 – The Income Tax (Pay As You Earn) (Amendment) Regulations 2023

SI 2023/303 – The Mandatory Travel Concession (England) (Amendment) Regulations 2023

SI 2023/329 – The Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) Order 2022 (Continuation) Order 2023

SI 2023/327 – The Tribunal Procedure (Amendment) Rules 2023

SI 2023/318 – The Employment Rights (Increase of Limits) Order 2023

SI 2023/315 – The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023

SI 2023/296 – The Copyright and Performances (Application to Other Countries) (Amendment) Order 2023

SI 2023/336 – The Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2023

SI 2023/334 – The Food Additives, Food Flavourings and Novel Foods (Authorisations) (England) Regulations 2023

SI 2023/332 – The Personal Injuries (Civilians) Scheme (Amendment) Order 2023.

SI 2023/331 – The Removal, Storage and Disposal of Motor Vehicles (Amendment) Regulations 2023

SI 2023/330 – The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2023

SI 2023/326 – The Authority to Carry Scheme and Civil Penalties Regulations 2023

SI 2023/325 – The Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2023

SI 2023/323 – The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2023

SI 2023/333 – The International Fund for Agricultural Development (Twelfth Replenishment) Order 2023

SI 2023/316 – The Social Security Benefits Up-rating Order 2023


BAILII: Recent Decisions

Posted March 17th, 2023 in law reports by tracey

Supreme Court

The Law Debenture Trust Corporation plc v Ukraine [2023] UKSC 11 (15 March 2023)

Court of Appeal (Civil Division)

Cannon v Bar Standards Board [2023] EWCA Civ 278 (16 March 2023)

Manolete Partners Plc v Dalal [2023] EWCA Civ 269 (14 March 2023)

AAA (Syria) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 266 (14 March 2023)

Isah, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 268 (14 March 2023)

Court of Appeal (Criminal Division)

Murray & Ors, R. v [2023] EWCA Crim 282 (16 March 2023)

High Court (Administrative Court)

Bailey & Anor, R (On the Application Of) v Secretary of State for Justice [2023] EWHC 555 (Admin) (15 March 2023)

Better Streets for Kensington and Chelsea & Anor, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2023] EWHC 536 (Admin) (14 March 2023)

LLC Synesis v Secretary of State for Foreign, Commonwealth And Development Affairs [2023] EWHC 541 (Admin) (14 March 2023)

High Court (Chancery Division) Decisions

SVS Securities Plc, Re (Re Investment Bank Special Administration Regulations 2022 [SI 2011/245]) [2023] EWHC 585 (Ch) (16 March 2023)

Decision Inc Holdings Proprietary Ltd & Anor v Garbett & Anor [2023] EWHC 588 (Ch) (16 March 2023)

Gupta & Anor v Shah & Ors [2023] EWHC 540 (Ch) (15 March 2023)

Complete Facilities Solutions Ltd v Livingstone Consulting Ltd & Ors [2023] EWHC 571 (Ch) (14 March 2023)

High Court (Patents Court)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd (FRAND Judgment – Public Version) [2023] EWHC 539 (Pat) (16 March 2023)

High Court (King’s Bench Division)

Mortgage Express v Ramsay [2023] EWHC 566 (KB) (15 March 2023)


Multi-million investment to turbocharge growth of technology in legal services – Ministry of Justice

Posted March 17th, 2023 in computer programs, legal services, Ministry of Justice, news by tracey

‘CodeBase and Legal Geek will receive £3 million of government funding to turbocharge the development and use of technology in the legal sector.’

Full Story

Ministry of Justice, 15th March 2023


Negligence claim over law firm’s ground rent advice dismissed – Legal Futures

Posted March 17th, 2023 in conveyancing, law firms, leases, negligence, news by tracey

‘A circuit judge has dismissed a negligence claim over a London law firm’s alleged failure to give a client proper advice on a how much the ground rent would increase under a lease.’

Full Story

Legal Futures, 17th March 2023


Credibility at Bar linked to “masculine heterosexuality” – Legal Futures

‘Macho masculinity and the alignment of what is generally considered professional at the Bar with heterosexuality, is creating problems for sexual minority barristers, according to a paper published recently.’

Full Story

Legal Futures, 17th March 2023


Gang members who made millions illegally selling prescription medication have been sentenced – Crown Prosecution Service

‘Three gang members who made £3.7m from illegally selling controlled drugs and prescription medicines online have been sentenced.’

Full Story

Crown Prosecution Service, 14th March 2023


Speech by the Chief Coroner: Death in Custody Symposium – Courts and Tribunals Judiciary

Posted March 17th, 2023 in coroners, death in custody, prisons, speeches, statutory duty by tracey

‘Speech by the Chief Coroner: Death in Custody Symposium.’

Full speech

Courts and Tribunals Judiciary, 14th March 2023


Split liability offer did not meet Part 36 requirements – Law Society’s Gazette

Posted March 17th, 2023 in civil procedure rules, costs, damages, holidays, news, part 36 offers by tracey

‘A claimant’s 90/10 liability offer went against both the letter and spirit of civil procedure rules on Part 36, a High Court judge has ruled.’

Full Story

Law Society's Gazette, 16th March 2023


How the courts deal with financial remedies in a short marriage – Family Law Week

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

Full Story

Family Law Week, 13th March 2023


Missed contraceptive coil left woman unable to have children – BBC News

Posted March 17th, 2023 in compensation, doctors, medical treatment, negligence, news, pregnancy by tracey

‘A woman was denied the chance to have children with her husband after a contraceptive coil was accidentally left in place for 29 years.’

Full Story

BBC News, 16th March 2023


Grantham paedophile jailed after ‘campaign of rape’ – BBC News

Posted March 17th, 2023 in child abuse, children, imprisonment, news, rape, sentencing, sexual offences, victims by tracey

‘A paedophile who carried out a “campaign of rape” has been jailed for 25 years for abusing children as young as seven over a 23-year period.’

Full Story

BBC News, 16th March 2023


Social workers should not assess asylum seeker ages for Home Office, professional body says – The Guardian

‘The professional body for social workers has urged its members not to work with the Home Office to assess the ages of asylum seekers, saying that political pressures could undermine their professional judgment.
The Home Office is recruiting social workers to join the National Age Assessment Board (NAAB), which was set up under the Nationality and Borders Act to take responsibility for determining the age of asylum seekers away from local authorities.’

Full Story

The Guardian, 15th March 2023


UK passengers owed millions by airlines in unpaid refunds and expenses – The Guardian

‘Airlines including Wizz Air and Ryanair owe millions of pounds to passengers from unpaid refunds and expenses, according to an investigation by the consumer group Which?’

Full Story

The Guardian, 17th March 2023


Plymouth trees: Call for independent inquiry into felling – BBC News

‘Plymouth City Council is facing calls for an independent inquiry into the decisions behind the night-time felling of 110 trees in the city centre.’

Full Story

BBC News, 16th March 2023


Tougher sentences for domestic killers – Ministry of Justice

‘Domestic abusers who kill their partners or ex-partners will receive tougher sentences under government plans published today (17 March 2023).’

Full Story

Ministry of Justice, 17th March 2023


Royal Mail referred to Ofcom over late letter deliveries

Posted March 17th, 2023 in enforcement, news, ombudsmen, postal service by tracey

‘Royal Mail is falling down on its letter delivery obligations, a group of MPs has said.’

Full Story

BBC News, 17th March 2023