BAILII Recent Decisions

Posted March 10th, 2023 in law reports by tracey

High Court (Administrative Court)

Thandi, R (On the Application Of) v Sevenoaks Magistrates’ Court [2023] EWHC 507 (Admin) (09 March 2023)

Best Holdings (UK) Ltd (T/A Wyldecrest Parks) v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 492 (Admin) (09 March 2023)

Argeseanu v Petrosani Court of Law, Romania [2023] EWHC 513 (Admin) (09 March 2023)

JXL, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 510 (Admin) (09 March 2023)

High Court (Chancery Division)

Allen v Derev & Anor [2023] EWHC 387 (Ch) (09 March 2023)

Hemmings v Mathias & Anor [2023] EWHC 483 (Ch) (09 March 2023)

High Court (Family Division)

C & A, Re (Children: Acquisition and Discharge of Parental Responsibility by an Unmarried Father) [2023] EWHC 516 (Fam) (09 March 2023)

EF, Re (Abduction: Hague Convention (Slovakia)) [2023] EWHC 505 (Fam) (09 March 2023)

High Court (King’s Bench Division)

Cavallari & Ors v Mercedes-Benz Group AG & Ors [2023] EWHC 512 (KB) (08 March 2023)

Baxter v Doble & Anor [2023] EWHC 486 (KB) (08 March 2023)

Source: www.bailii.org

Council judicial review application over asylum seeker hotels refused – Local Government Lawyer

‘The High Court has refused a judicial review application from Torbay Council that argued the placement of asylum seekers in local hotels would have a significant impact on Children’s Services.’

Full Story

Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

Ex-council tenant given suspended sentence, ordered to pay £10k after failing to inform London borough she had vacated property – Local Government Lawyer

‘A former council tenant who vacated the home to live at a property she had purchased elsewhere but failed to inform the local authority has received a £10,000 fine and suspended prison sentence.’

Full Story

Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

Mother wins appeal over sending of domestic abuse findings made against social worker father to regulator – Local Government Lawyer

‘A High Court judge has allowed an appeal brought by a mother over whether a judgment in long-running private law proceedings that made findings of domestic abuse against the father, who works as a social worker, should be sent to his regulator, Social Work England (SWE).’

Full Story

Local Government Lawyer, 10th March 2023

Source: www.localgovernmentlawyer.co.uk

School chaplaincy, sermons on sexuality – and employment law: Randall – Law & Religion UK

‘Trent College is a co-educational, independent day and boarding school. It is an Anglican foundation and a registered charity [36]. Its articles of association provide that the “Objects for which the company is established are: The advancement of education of boys and girls in England, Wales or elsewhere in accordance with the Protestant and Evangelical principles of the Church of England”. The Revd Dr Bernard Randall, an Anglican priest, was employed as the College’s Chaplain. In May 2019, he delivered two sermons to the pupils about “competing ideologies” which led to his summary dismissal on 30 August 2019. On appeal, he was reinstated, subject to compliance with various management instructions. He was subsequently dismissed by reason of redundancy on 10 November 2020.’

Full Story

Law & Religion UK, 7th March 2023

Source: lawandreligionuk.com

Data protection law reforms set out in the UK – OUT-LAW.com

Posted March 10th, 2023 in bills, data protection, news by tracey

‘Draft legislation published by the UK government would significantly alter existing data protection law in the country if enacted but also closely resembles abandoned proposals that were introduced before the UK parliament last summer, according to experts at Pinsent Masons.’

Full Story

OUT-LAW.com, 9th March 2023

Source: www.pinsentmasons.com

Building safety gateway regime – frequently asked questions – Practical Law: Construction Blog

Posted March 10th, 2023 in building law, construction industry, consultations, news by tracey

‘One of the major changes to the regulation of the design and construction of “higher-risk buildings” is the introduction of the gateway regime.’

Full Story

Practical Law: Construction Blog, 8th March 2023

Source: constructionblog.practicallaw.com

Timing the Medical Examination: Read v Dorset County Hospital NHS Foundation Trust – Ropewalk Clinical Negligence Blog

‘An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners – Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB)’

Full Story

Ropewalk Clinical Negligence Blog, 8th March 2023

Source: www.ropewalk.co.uk

Updated sentencing guidelines for child cruelty offences published – Sentencing Council

‘The Council has published updated sentencing guidelines for offenders convicted of child cruelty offences in England and Wales, following consultation.’

Full Story

Sentencing Council, 7th March 2023

Source: www.sentencingcouncil.org.uk

Hair drug testing vs Nail drug testing – Family Law

Posted March 10th, 2023 in drug abuse, drug offences, forensic science, news by tracey

‘Ashley Hodgkinson, Sample Collections Manager at AlphaBiolabs, discusses hair drug testing and nail drug testing, together with the benefits of each test.’

Full Story

Family Law, 9th March 2023

Source: www.familylaw.co.uk

International Women’s Day 2023: Interview with the Honourable Justice Martha Koome – Courts and Tribunals Judiciary

Posted March 10th, 2023 in diversity, judges, judiciary, Kenya, news, women by tracey

‘International Women’s Day 2023: Interview with the Honourable Justice Martha Koome, EGH (Elder of the Order of the Golden Heart), Chief Justice and President of the Supreme Court of Kenya.’

Full Story

Courts and Tribunals Judiciary, 8th March 2023

Source: www.judiciary.uk

Three new reports from the BSB show the impact of Bar training reforms – Bar Standards Board

Posted March 10th, 2023 in barristers, diversity, legal education, news by tracey

‘The Bar Standards Board (BSB) has today published: an interim report from AlphaPlus evaluating the BSB’s Future Bar Training (FBT) reforms; the BSB’s 2023 Bar Training Report, covering the period from 2011/12 to 2022/23 and the Central Examinations Board (CEB) Chair’s Report, which presents the latest results for candidates sitting the centralised assessments in civil and criminal litigation in December 2022.’

Full Story

Bar Standards Board, 8th March 2023

Source: www.barstandardsboard.org.uk

High Court ruling expected to widen scope of legal aid for parents – Law Society’s Gazette

‘The High Court’s decision in a challenge brought by a domestic abuse complainant against the Ministry of Justice will widen the scope of legal aid for parents who share caring arrangements, a public law campaign group has said.’

Full Story

Law Society's Gazette, 9th March 2023

Source: www.lawgazette.co.uk

UK mother unlawfully denied legal aid in case against abusive ex, court rules – The Guardian

‘A decision to deny a single mother legal aid to enforce a child custody agreement against her abusive ex-partner was unlawful, the high court has ruled.’

Full Story

The Guardian, 9th March 2023

Source: www.theguardian.com

Leeds preacher’s sentence for trans woman’s harassment quashed – BBC News

‘A Christian preacher who was found guilty of harassing a transgender woman by calling her a “man” and “gentleman” has had his conviction quashed.’

Full Story

BBC News, 9th March 2023

Source: www.bbc.co.uk

Tehleigher Bunting: Judge made mistake sentencing killer driver – BBC News

‘The mum and stepdad of a 14-year-old girl who was killed by a speeding driver have been told the judge made a mistake when sentencing him.’

Full Story

BBC News, 10th March 2023

Source: www.bbc.co.uk

Bar courses still unaffordable, students tell regulator – Legal Futures

Posted March 9th, 2023 in barristers, examinations, fees, legal education, news by sally

‘Nearly four in five Bar students still regard their courses as unaffordable despite an average drop of £4,700 in fees, research for the Bar Standards Board (BSB) has found.’

Full Story

Legal Futures, 9th March 2023

Source: www.legalfutures.co.uk

The Public Order Bill Set To Become Law: Know Your Rights – Each Other

Posted March 9th, 2023 in abortion, bills, media, news, public order, stop and search by sally

‘The controversial Public Order Bill is receiving final amendments from Parliament and will receive Royal Assent before becoming an official Act. Here is what those amendments mean for your rights.’

Full Story

Each Other, 8th March 2023

Source: eachother.org.uk

Stop giving daggers to retiring soldiers, says coroner after Somerset murders – The Guardian

Posted March 9th, 2023 in armed forces, coroners, murder, news, offensive weapons, retirement by sally

‘A senior coroner has called on the British military to stop handing out ceremonial daggers to retiring service personnel after hearing how a couple were stabbed to death by a former soldier using one.’

Full Story

The Guardian, 8th March 2023

Source: www.theguardian.com

New Judgment: R (on the application of VIP Communications Ltd (In Liquidation)) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

‘This appeal raised an issue of statutory construction. It arises in the context of a type of equipment known as commercial multi-user GSM (Global Systems for Mobile Communications) gateway apparatus (“COMUGs”). GSM gateways are telecommunications equipment containing one or more SIM cards, as used in mobile phones. They enable phone calls and text messages from landlines to be routed directly on to mobile networks. When a call is routed through a GSM gateway, the only data transmitted over the network is the number and location of the SIM card in the GSM gateway. It does not transmit information such as the identity of the calling party and (in the case of a mobile phone) the user’s location, as would ordinarily be the case without a GSM gateway.’

Full Story

UKSC Blog, 8th March 2023

Source: ukscblog.com