BAILII: Recent Decisions

Posted October 27th, 2023 in law reports by michael

Supreme Court

Revenue and Customs v Vermilion Holdings Ltd (Scotland) [2023] UKSC 37 (25 October 2023)

Court of Appeal (Civil Division)

Global 100 Ltd v Jimenez & Ors [2023] EWCA Civ 1243 (27 October 2023)

Dudley Metropolitan Council v Mailley [2023] EWCA Civ 1246 (27 October 2023)

easyGroup Ltd v Nuclei Ltd & Ors [2023] EWCA Civ 1247 (27 October 2023)

EY (Fact-Finding Hearing) [2023] EWCA Civ 1241 (27 October 2023)

H (Children: Placement Orders) [2023] EWCA Civ 1245 (25 October 2023

Court of Appeal (Criminal Division)

BNE, R. v [2023] EWCA Crim 1242 (27 October 2023)

Layden, R. v [2023] EWCA Crim 1207 (25 October 2023)

High Court (Administrative Court)

Fridman, R (On the Application Of) v HM Treasury [2023] EWHC 2657 (Admin) (26 October 2023)

NS, R (On the Application Of) v Secretary of State for the Home Office [2023] EWHC 2675 (Admin) (26 October 2023)

Roy v General Medical Council [2023] EWHC 2659 (Admin) (25 October 2023)

High Court (Chancery Division)

Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors [2023] EWHC 2670 (Ch) (26 October 2023)

Decisive Capital Management SA v Les Geonnais Ltd & Ors [2023] EWHC 2658 (Ch) (25 October 2023)

Lawrence & Anor v Cowell & Ors [2023] EWHC 2644 (Ch) (25 October 2023)

Mortgage Five Zero Ltd v Secretary of State for Business and Trade [2023] EWHC 2654 (Ch) (25 October 2023)

Crypto Open Patent Alliance v Wright (Re POC Amendment) [2023] EWHC 2642 (Ch) (24 October 2023)

High Court (Commercial Court)

Klaturov & Anor v Revetas Capital Advisors LLP & Anor [2023] EWHC 2671 (Comm) (27 October 2023)

Clifford Chance LLP v Societe Generale SA [2023] EWHC 2682 (Comm) (27 October 2023)

High Court (Family Division)

His Majesty’s Solicitor General v Wong (Re Contempt of Court Act 1981 – Administration of Justice Act 1960 – Part 37 Family Procedure Rules 2010) [2023] EWHC 2684 (Fam) (27 October 2023)

High Court (King’s Bench Division)

Chief Constable of Kent Police & Anor v Taylor [2023] EWHC 2687 (KB) (27 October 2023)

Chief Constable of Thames Valley Police v Police Misconduct Panel [2023] EWHC 2693 (KB) (27 October 2023)

Karpichkov v National Crime Agency [2023] EWHC 2653 (KB) (27 October 2023)

Wambura & Ors v Barrick TZ Ltd & Anor [2023] EWHC 2582 (KB) (23 October 2023)

Karpasitis v Hertfordshire County Council [2023] EWHC 2614 (KB) (20 October 2023)

High Court (Patents Court)

Philip Morris Products SA & Anor v Nicoventures Trading Ltd & Anor [2023] EWHC 2616 (Pat) (25 October 2023)

Abbott Diabetes Care Incorporated & Ors v Dexcom Incorporated & Ors [2023] EWHC 2591 (Ch) (18 October 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 27th, 2023 in legislation by michael

SI 2023/1153 – The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023

SI 2023/1150 – The Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023

SI 2023/1144 – The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023

SI 2023/1142 – The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) (No. 2) Regulations 2023

SI 2023/1141 – The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023

SI 2023/1140 – The Criminal Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2023

SI 2023/1139 – The Child Benefit and Tax Credits (Miscellaneous Amendments) Regulations 2023

SI 2023/1138 – The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023

SI 2023/1135 – The Civil Legal Aid (Financial Resources and Payment for Services and Remuneration) (Amendment) Regulations 2023

SI 2023/1133 – The Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2023

SI 2023/1132 – The West Midlands Rail Freight Interchange (Amendment) Order 2023

SI 2023/1131 – The Official Controls (Plant Health) (Prior Notification) and Phytosanitary Conditions (Amendment) Regulations 2023

SI 2023/1130 – The Nationality and Borders Act 2022 (Commencement No. 7 and Transitional Provisions) Regulations 2023

SI 2023/1129 – The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2023

SI 2023/1128 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 8) Regulations 2023

SI 2023/1127 – The Immigration (Removal Notices) Regulations 2023

SI 2023/1126 – The Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023

SI 2023/1124 – The Courts (Prescribed Recordings) Order 2023

SI 2023/1121 – The Countryside and Rights of Way Act 2000 (Commencement No. 16) Order 2023

SI 2023/1118 – The European University Institute Regulations 2023

SI 2023/1117 – The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2023

SI 2023/1116 – The Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023

SI 2023/1114 – The National Security (Prohibited Places) (Civil Nuclear) Regulations 2023

SI 2023/1112 – The Private Crossings (Signs and Barriers) Regulations 2023

SI 2023/1110 – The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2023

Source: www.legislation.gov.uk

Just under half of children returned to live with their families as result of entering Family Drug and Alcohol Court, annual report reveals – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published his second annual report on the Family Drug and Alcohol Courts (FDACs), of which he states he has “long been a supporter”.’

Full Story

Local Government Lawyer, 26th October 2023

Source: www.localgovernmentlawyer.co.uk

Andrew Malkinson: Wrongful conviction inquiry judge pledges ‘fearless’ review – BBC News

‘A judge investigating why Andrew Malkinson spent 17 years in jail for a rape he did not commit says she will be “fearless” in seeking the truth.’

Full Story

BBC News, 26th October 2023

Source: www.bbc.co.uk

Barrister’s fury after legal regulator takes no action over colleagues’ foul-mouthed tweets – The Independent

‘A women’s rights barrister has hit out at the regulatory body for not taking action against colleagues who verbally abused her in foul-mouthed rants on Twitter.’

Full Story

The Independent, 26th October 2023

Source: www.independent.co.uk

Online Safety Bill: divisive internet rules become law – BBC News

Posted October 27th, 2023 in bills, children, internet, news, privacy by sally

‘After years of debate, the government’s controversial Online Safety Bill, which aims to make the internet safer for children, has become law.’

Full Story

BBC News, 26th October 2023

Source: www.bbc.co.uk

Colchester murder: Man convicted of killing wife in kitchen – BBC News

Posted October 27th, 2023 in domestic violence, imprisonment, married persons, murder, news, sentencing by sally

‘A man has been found guilty of murdering his university lecturer wife in what jurors were told was an act of “anger and jealousy”.’

Full Story

BBC News, 26th October 2023

Source: www.bbc.co.uk

Religious objection to vaccination: Re WSP (A Child) – Law & Religion UK

Posted October 27th, 2023 in appeals, children, consent, human rights, Islam, news, parental responsibility, vaccination by sally

‘In WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam), UPP, the mother of a 9-month-old boy, WSP, who had been in local authority care since March 2023, asked the Court to exercise its inherent jurisdiction to injunct the local authority from exercising its parental responsibility under s.33(3) Children Act 1989 to arrange for the child to receive several routine childhood vaccinations. She maintained that it was not in WSP’s best interests to be vaccinated and that to vaccinate him without her consent would violate her rights under Article 9 ECHR, both alone and when taken together with Article 14, as given effect by the Human Rights Act 1998. The local authority and the guardian opposed the application.’

Full Story

Law & Religion UK, 26th October 2023

Source: lawandreligionuk.com

UK’s data regulator issues new guidance on monitoring workers – OUT-LAW.com

Posted October 27th, 2023 in employment, news, privacy by sally

‘Harriet Dwyer tells HRNews about ICO’s latest monitoring guidance which emphasises that expectations of privacy are higher at home than in the workplace.’

Full Story

OUT-LAW.com, 26th October 2023

Source: www.pinsentmasons.com

Indi Gregory: European judges reject appeal over ill baby’s case – BBC News

Posted October 27th, 2023 in appeals, children, doctors, hospitals, human rights, medical treatment, news by sally

‘European judges have rejected a bid by the parents of a critically ill baby to have her life-support treatment continued.’

Full Story

BBC News, 26th October 2023

Source: www.bbc.co.uk

Wiltshire police to review thousands of checks on suspected violent partners – The Guardian

Posted October 27th, 2023 in disclosure, domestic violence, news, ombudsmen, police, statistics by sally

‘A police force is reviewing thousands of applications made under Clare’s law, which gives people the right to ask whether a partner has a violent past, after it came to light that wrong or incomplete information has been given.’

Full Story

The Guardian, 26th October 2023

Source: www.theguardian.com

High Court judge backs council decision on vaccination of child, rejects objections of mother – Local Government Lawyer

‘The High Court has ruled that a mother cannot prevent the local authority caring for her child having him vaccinated.’

Full Story

Local Government Lawyer, 26th October 2023

Source: www.localgovernmentlawyer.co.uk

English court issues reminder of burden of proof in product liability cases – OUT-LAW.com

Posted October 27th, 2023 in appeals, burden of proof, causation, damages, news by sally

‘The English Court of Appeal has reminded claimants that, where there are competing explanations for causation in an action for damages, it is for them to prove their case on the balance of probabilities.’

Full Story

OUT-LAW.com, 26th October 2023

Source: www.pinsentmasons.com

Woman convicted of taking British girl, three, for female genital mutilation in Kenya – The Guardian

Posted October 27th, 2023 in children, female genital mutilation, news, women by sally

‘A woman has been found guilty of handing over a three-year-old British girl for female genital mutilation (FGM) during a trip to Kenya, in the first conviction of its kind.’

Full Story

The Guardian, 26th October 2023

Source: www.theguardian.com

Two jailed for life for Dariusz Michalowski torture and murder in 2011 – BBC News

Posted October 27th, 2023 in imprisonment, murder, news, perverting the course of justice, sentencing, torture by sally

‘Two men have been jailed for life for the torture and murder of a man 12 years ago in West Yorkshire.’

Full Story

BBC News, 26th October 2023

Source: www.bbc.co.uk

Are Stateless Claimants Disadvantaged Within Asylum Procedures? New Evidence from the UK Context – EIN Blog

Posted October 27th, 2023 in asylum, citizenship, immigration, news, refugees by sally

‘This blog post introduces new research, conducted as part of the #StatelessJourneys project, into the challenges faced by stateless claimants within asylum procedures in the UK context. The study focuses on the experiences of stateless Kurds from Syria in the UK, revealing hurdles related to civil documentation, cultural understanding, and language analysis. These findings emphasize the need for more statelessness-sensitive procedures and policy changes, both in the UK and within other countries of asylum across Europe.’

Full Story

EIN Blog, 26th October 2023

Source: www.ein.org.uk

TikTok star Mizzy banned from social media and faces custodial sentence – BBC News

Posted October 27th, 2023 in consent, criminal behaviour orders, internet, news by sally

‘The TikTok star known as Mizzy has been banned from using social media and faces a custodial sentence after he was found guilty of posting videos featuring people without their consent.’

Full Story

BBC News, 26th October 2023

Source: www.bbc.co.uk

Suicide and violence in prisons rise by nearly 25%, as self-harm hits all-time high among women prisoners – The Independent

Posted October 27th, 2023 in mental health, news, prisons, self-harm, statistics, suicide, violence, women by sally

‘Suicide and serious violence have risen by nearly a quarter in men’s prisons in England and Wales, with self-harm skyrocketing to an all-time high in the women’s estate, as the government scrambles to ease the strain on jails overcrowded to breaking point.’

Full Story

The Independent, 26th October 2023

Source: www.independent.co.uk

Economic Crime and Corporate Transparency Act completes its passage through parliament – Law Society’s Gazette

Posted October 27th, 2023 in company law, fraud, news by sally

‘Expert legal commentators appear to be divided over the impact of the Economic Crime and Corporate Transparency Act, which received royal assent today. The House of Lords nodded through the measure, after months of parliamentary back-and-forth, hours after the government rejected amendments which their backers said would close gaping loopholes.’

Full Story

Law Society's Gazette, 26th October 2023

Source: www.lawgazette.co.uk