26/06/2023 – Current Awareness

BAILII: Recent Decisions

Posted June 26th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Braintree District Council v (Secretary of State for the Home Department & Anor [2023] EWCA Civ 727 (23 June 2023)

Countess of Wemyss and March & Anor v Simon C. Dickinson Ltd [2023] EWCA Civ 724 (23 June 2023)

CR, R (On the Application Of) v Director of Legal Aid Casework & Ors [2023] EWCA Civ 717 (23 June 2023)

Agbaje v Robert Frew Medical Company Ltd [2023] EWCA Civ 702 (23 June 2023)

Kessie-Adjei v Secretary of State for Justice [2023] EWCA Civ 720 (23 June 2023)

Save Britain’s Heritage, R (On the Application Of) v Herefordshire Council [2023] EWCA Civ 723 (23 June 2023)

LLC EuroChem North-West-2 v Tecnimont SPA & Anor [2023] EWCA Civ 688 (21 June 2023)

High Court (Administrative Court)

PM, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 1551 (Admin) (23 June 2023)

High Court (Chancery Division)

Bonvilston Vale Ltd v Amser Building Ltd & Ors [2023] EWHC 1519 (Ch) (23 June 2023)

Lattimer v Karamanoli [2023] EWHC 1524 (Ch) (23 June 2023)

Rushmer & Ors v Central Bedfordshire Council [2023] EWHC 1341 (Ch) (23 June 2023)

High Court (Commercial Court)

Huawei Technologies (UK) Ltd & Anor v DSV Solutions Ltd [2023] EWHC 1505 (Comm) (23 June 2023)

Source: www.bailii.org

What happens after a banning order? The further adventures of Mr Rasool – Nearly Legal

Posted June 26th, 2023 in fines, fire, health & safety, houses in multiple occupation, housing, landlord & tenant, news by tracey

‘Mohammed Rasool has featured here quite often, for getting an ASBi against him for illegal eviction, for his role in quite the bizarrest set of cases, in which he sought re-entry after alleged illegal eviction to properties he had no interest in and didn’t occupy, and for receiving a five year banning order, amongst other things. But the fall out of his track record of truly terrible landlording, and assorted criminal offences continues. Here is a new press release from Camden Council, on the outcome of their latest prosecution of Mohammed Ali Abbas Rasool and associated entities.’

Nearly Legal, 23rd June 2023

Source: nearlylegal.co.uk

Wales: The Good, the Bad and the Converted – part 1 – Nearly Legal

Posted June 26th, 2023 in housing, landlord & tenant, news, notification, Wales by tracey

‘Followers of the updates under Renting Homes (Wales) Act 2016 (“the Act”) will be well aware of many of the changes implemented in the Welsh housing law “big bang” on the 1st December 2022 (“the appointed day”), most recently written about on Nearly Legal here. My primary focus in this post focuses particularly on those developments affecting “converted contracts” – those contracts which had moved over from one of the previous tenancy regimes on the appointed day.’

Nearly Legal, 23rd June 2023

Source: nearlylegal.co.uk

Bilal: The Court of Appeal Considers the Application of Bolam in Montgomery Consent Case – Ropewalk Clinical Negligence Blog

Posted June 26th, 2023 in appeals, chambers articles, doctors, duty of care, news, personal injuries by tracey

‘In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.’

Ropewalk Clinical Negligence Blog, 14th June 2023

Source: ropewalk.co.uk

Mark Hill KC & Simon Lee: State, Churches and Chancel Repairs – Twenty Years On – UK Constitutional Law Association

Posted June 26th, 2023 in appeals, Church of England, constitutional law, Law Commission, news, repairs by tracey

‘Twenty years ago today, on 26 June 2003, each of the five Law Lords in Aston Cantlow v Wallbank [2004] 1 AC 546 gave separate, detailed opinions on a matter at the cusp of public law and private law. Was the Parochial Church Council (PCC) of a beautiful parish church in Warwickshire responsible for the cost of necessary repairs to its fabric, or were the owners of a neighbouring farm subject to chancel repair liability? The church of St John the Baptist, Aston Cantlow, some three miles outside Stratford-upon-Avon, dated from Saxon times. In the first Elizabethan era, it is where William Shakespeare’s parents were married. In the second Elizabethan era, it attracted a judicial inquiry into the very nature of the Church of England.’

UK Constitutional Law Association , 26th June 2023

Source: ukconstitutionallaw.org

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

Posted June 26th, 2023 in appeals, construction industry, contracts, dispute resolution, hospitals, local government, news by tracey

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear appeal of ruling that council must pay Japanese knotweed damages – Local Government Lawyer

Posted June 26th, 2023 in appeals, damages, housing, local government, news, nuisance, Supreme Court by tracey

‘The Supreme Court has granted permission to appeal the decision in Davies v Bridgend County Borough Council [2023] EWCA Civ 80, which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Junior doctor jailed for running a dark web site which shared indecent images of children – Crown Prosecution Service

Posted June 26th, 2023 in child abuse, children, doctors, imprisonment, internet, news, sentencing, sexual offences by tracey

‘A NHS junior doctor who worked with elderly patients has today been jailed for his role in a dark web chat site dedicated to sharing indecent images of children.’

Crown Prosecution Service, 23rd June 2023

Source: www.cps.gov.uk

Misconduct: ‘No simple explanation’ for race bias in complaints – Law Society’s Gazette

Posted June 26th, 2023 in bias, complaints, disciplinary procedures, equality, news, professional conduct, race discrimination, racism, solicitors, Solicitors Regulation Authority, statistics by tracey

‘”Socio-cognitive biases” could account for the over-representation of Black, Asian and minority ethnic solicitors in complaints about potential misconduct raised with the Solicitors Regulation Authority.’

Law Society's Gazette, 23rd June 2023

Source: www.lawgazette.co.uk

Costs of case manager meetings cannot be claimed, master rules – Law Society’s Gazette

Posted June 26th, 2023 in budgets, case management, costs, dispute resolution, news, personal injuries by tracey

‘A High Court judge has ruled that charges for meetings with case managers are not claimable because they do not progress the court case.’

Law Society's Gazette, 23rd June 2023

Source: www.lawgazette.co.uk

North Lincolnshire lorry driver jailed for £23m cocaine smuggling plot – BBC News

Posted June 26th, 2023 in drug offences, drug trafficking, imprisonment, news, sentencing by tracey

‘A lorry driver who searched online for the best way to avoid sniffer dogs has been jailed after admitting smuggling £23m of cocaine into the UK.’

BBC News, 24th June 2023

Source: www.bbc.co.uk

Father in UK charged with rape made party to child’s care proceedings – The Guardian

Posted June 26th, 2023 in appeals, care orders, child neglect, children, families, news, parental responsibility, rape, sexual offences by tracey

‘A father without parental responsibility who has been charged with two counts of rape – and amid an allegation his son was conceived of rape – has won an appeal to be made party to care proceedings concerning the boy.’

The Guardian, 25th June 2023

Source: www.theguardian.com

Caerphilly: Drink-driver jailed for fatal hit-and-run – BBC News

Posted June 26th, 2023 in dangerous driving, drunk in charge, homicide, imprisonment, news, sentencing by tracey

‘A drink-driver who killed a married couple in a hit-and-run has been jailed for more than 11 years.’

BBC news, 24th June 2023

Source: www.bbc.co.uk

Nicola Bulley live: Inquest to tackle mystery around dogwalker’s death after body found in River Wyre – The Independent

Posted June 26th, 2023 in inquests, news by tracey

‘The inquest into the death of Nicola Bulley will begin today, six months after the mother-of-two had first been reported missing.’

The Independent, 26th June 2023

Source: www.independent.co.uk

New guidance aims to restrict use of unregulated psychologists as expert witnesses in court – The Guardian

Posted June 26th, 2023 in codes of practice, expert witnesses, judges, mental health, news, psychiatrists by tracey

‘Family judges who appoint unregulated psychologists as expert witnesses in the courts should issue a judgment to explain their decision, according to updated guidance designed to protect the public from inadequately trained professionals.’

The Guardian, 25th June 2023

Source: www.theguardian.com

Campaigners alarmed by rejection of refugees using ‘safe and legal routes’ – The Guardian

Posted June 26th, 2023 in asylum, charities, families, government departments, immigration, news, refugees, statistics by tracey

‘Campaigners have raised concerns about the high proportion of refugees seeking to join family members in the UK who have their applications rejected by the government, despite using the “safe and legal routes” touted by the home secretary.’

The Guardian, 26th June 2023

Source: www.theguardian.com

Stephen Lawrence: BBC names new suspect in UK’s most notorious racist murder – BBC News

Posted June 26th, 2023 in BBC, inquiries, London, murder, negligence, news, police, professional conduct, racism by tracey

‘A major suspect in the Stephen Lawrence murder is publicly named today for the first time, after a BBC investigation.’

26th June 2023

Source: www.bbc.co.uk

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