Christmas Break

Posted December 21st, 2023 in Uncategorized by sally

We will return on 2nd January 2024. Have a lovely break and see you in the new year!

The Assessment of Damages for Negligent Cosmetic Surgery Abroad: Roger Mann (as Executor of the Estate of Denise Mann) v Towarzystwo Ubezpieczen Inter Polska S.A and Ors – International & Travel Law Blog

‘Mann v Towarzystwo Ubezpieczen Inter Polska S.A and Ors is a useful first instance judgment on the assessment of damages arising from negligent cosmetic surgery abroad. The rising trend for such surgery suggests that travel law practitioners are likely to become well versed in claims of this nature. Aliyah Akram acted for the Claimant in Mann and this post is written by Jessica Muurman.’

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International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

Sizewell C nuclear plant project upheld by Court of Appeal – BBC News

‘Government approval of the planned Sizewell C nuclear plant was lawful, the Court of Appeal has ruled.’

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BBC News, 20th December 2023

Source: www.bbc.co.uk

Woman jailed after posing as man and duping partner into sex – The Guardian

Posted December 21st, 2023 in deceit, gender, imprisonment, news, rape, sentencing, sexual offences by sally

‘A woman has been sentenced to 10 and a half years in jail for sexual assault after pretending to be a man to dupe a woman into sex using a blindfold, a sex toy and a “wholly fake persona”.’

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The Guardian, 20th December 2023

Source: www.theguardian.com

Troubles legacy act: Ireland takes human rights case against UK – BBC News

‘The Irish government is to begin a legal challenge against the UK government over its decision to offer immunity for Troubles-era crimes.’

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BBC News, 20th December 2023

Source: www.bbc.co.uk

AI cannot be an inventor under UK patent law, rules Supreme Court – OUT-LAW.com

‘Artificial intelligence (AI) systems cannot be the owner of, nor be transferred, patent rights in the UK, the Supreme Court has ruled.’

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OUT-LAW.com, 20th December 2023

Source: www.pinsentmasons.com

Schools in England ‘face legal risks if they follow new transgender guidance’ – The Guardian

‘Schools in England could face legal action if they follow new guidance on how to treat transgender children, ministers’ own lawyers have reportedly warned.’

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The Guardian, 20th December 2023

Source: www.theguardian.com

Teenagers jailed for Peterborough play park knife attacks – BBC News

‘Five teenagers from Peterborough have been jailed for at least seven years each after a knife attack at a play area which left two people seriously wounded.’

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BBC News, 20th December 2023

Source: www.bbc.co.uk

Deterrence and sanctions in licensing – 11KBW

Posted December 21st, 2023 in chambers articles, licensed premises, licensing, news by sally

‘A licensing sub-committee considering an application for review of a premises licence under the Licensing Act 2003 is given a wide discretion, from taking no action to revoking the licence. As is well known, in exercising its discretion, it must take the steps which it considers appropriate for the promotion of the licensing objectives. The question for consideration in this article is whether and, if so the extent to which, it may use its powers to impose a sanction or take into consideration a need for deterrence.’

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11KBW, November 2023

Source: www.11kbw.com

Triple killer receives whole-life order for Nottinghamshire murder – The Guardian

Posted December 21st, 2023 in imprisonment, murder, news, recidivists, sentencing by sally

‘A triple killer has been given a whole-life order for murdering his neighbour after being wrongly housed next to her while on licence.’

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The Guardian, 20th December 2023

Source: www.theguardian.com

High Court allows judicial review against council over failure to support child trafficking victim – Local Government Lawyer

‘The High Court has ruled that the London Borough of Barnet failed to meet its duties towards a victim of child trafficking after he received no specialist support from either the council or the Home Office for several years.’

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Local Government Lawyer, 21st December 2023

Source: www.localgovernmentlawyer.co.uk

Ex-soldier William Howitt jailed over far-right bookshop terror plot – BBC News

Posted December 21st, 2023 in arson, imprisonment, news, perverting the course of justice, sentencing, terrorism by sally

‘An ex-soldier who admired Adolf Hitler and planned to burn down a left-wing bookshop has been jailed for nearly five years.’

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BBC News, 20th December 2023

Source: www.bbc.co.uk

Remote Evidence from Overseas – International & Travel Law Blog

Posted December 21st, 2023 in civil procedure rules, evidence, news, remote hearings, witnesses by sally

‘[T]his blog post by James Pickering is a reminder of the key principles for overseas witnesses giving remote evidence voluntarily. Other situations are governed by the Letters of Request procedure (which is helpfully outlined in the King’s Bench Division Guide 2023 at Section 20).’

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International & Travel Law Blog, 10th November 2023

Source: internationalandtravellawblog.com

Teenagers guilty of ‘senseless’ murder of transgender girl Brianna Ghey – The Guardian

Posted December 21st, 2023 in murder, news, transgender persons, young offenders, young persons by sally

‘Two 16-year-olds have been found guilty of the “senseless” murder of Brianna Ghey, a “witty, funny and fearless” transgender girl who was stabbed 28 times in a Warrington park this year.’

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The Guardian, 20th December 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 21st, 2023 in legislation by tracey

SI 2023/1419 – The Hydrogen Production Revenue Support (Directions, Eligibility and Counterparty) Regulations 2023

SI 2023/1418 – The Public Order Act 2023 (Commencement No. 3) (England and Wales) Regulations 2023

SI 2023/1416 – The Register of Overseas Entities (Verification and Exceptions) (Amendment) Regulations 2023

SI 2023/1415 – The Exotic Disease (Amendment) (England) Order 2023

SI 2023/1411 – The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) (No. 2) Order 2023

SI 2023/1410 – The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023

SI 2023/1409 – The Financial Services and Markets Act 2023 (Benchmarks and Capital Requirements) (Amendment) Regulations 2023

SI 2023/1407 – The Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023

SI 2023/1404 – The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (No. 2) Regulations 2023

SI 2023/1396 – The Local Audit and Accountability Act 2014 (Commencement No. 7, Transitional Provisions and Savings) (Amendment) Order 2023

SI 2023/1422 – The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023

SI 2023/1406 – The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

SI 2023/1405 – The Elections Act 2022 (Commencement No. 11, Transitional Provisions and Specified Day) and Levelling-up and Regeneration Act 2023 (Commencement No. 1) Regulations 2023

SI 2023/1417 – The Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023

SI 2023/1414 – The Pensions Dashboards (Prohibition of Indemnification) Act 2023 (Commencement) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 21st, 2023 in law reports by tracey

Supreme Court

Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49 (20 December 2023)

Byers & Ors v Saudi National Bank (Rev1) [2023] UKSC 51 (20 December 2023)

Zubaydah v Foreign, Commonwealth and Development Office and others [2023] UKSC 50 (20 December 2023)

HXA v Surrey County Council [2023] UKSC 52 (20 December 2023)

Court of Appeal (Civil Division)

Leadbetter, R (On the Application Of) v Secretary of State for Transport [2023] EWCA Civ 1496 (20 December 2023)

UK P&I Club NV & Anor v Republica Bolivariana De Venezuela [2023] EWCA Civ 1497 (20 December 2023)

Together Against Sizewell C Ltd, R (On the Application Of) v Secretary of State for Energy Security and Net Zero & Anor [2023] EWCA Civ 1517 (20 December 2023)

easyGroup Ltd v Easy Live (Services) Ltd & Ors (Rev1) [2023] EWCA Civ 1508 (20 December 2023)

Yours Naturally Naturally Yours Ltd v Kate McVier Skin Ltd & Anor [2023] EWCA Civ 1493 (19 December 2023)

The NOCO Company v Shenzhen Carku Technology Co Ltd [2023] EWCA Civ 1502 (19 December 2023)

His Majesty’s Revenue and Customs v BlueCrest Capital Management LP & Ors [2023] EWCA Civ 1481 (15 December 2023)

Court (Administrative Court)

Niziol v Regional Court In Warsaw (A Polish Judicial Authority) [2023] EWHC 3252 (Admin) (19 December 2023)

High Court (Chancery Division)

Crypto Open Patent Alliance v Wright (Re Pre-Trial Review) [2023] EWHC 3287 (Ch) (20 December 2023)

Taylor & Anor v Bank of Scotland PLC [2023] EWHC 3185 (Ch) (19 December 2023)

Price v Nunn [2023] EWHC 3200 (Ch) (19 December 2023)

Morina & Ors v Scherbakova & Ors [2023] EWHC 3253 (Ch) (19 December 2023)

Shokrollah-Babaee v EFG Private Bank Ltd [2023] EWHC 3270 (Ch) (19 December 2023)

Merck Serono SA v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 3240 (Ch) (19 December 2023)

IMG Data Ltd v Perform Content Services Ltd [2023] EWHC 3244 (Ch) (19 December 2023)

High Court (Commercial Court)

Aston Martin MENA Ltd v Aston Martin Lagonda Ltd [2023] EWHC 3285 (Comm) (20 December 2023)

Premier Oil UK Ltd v Shell International Trading and Shipping Company Ltd [2023] EWHC 3269 (Comm) (20 December 2023)

Unitel SA v Unitel International Holdings BV & Anor [2023] EWHC 3231 (Comm) (20 December 2023)

Morgan v Sydney Charles Financial Services Ltd [2023] EWHC 3236 (Comm) (19 December 2023)

Williams v Federal Government of Nigeria & Anor [2023] EWHC 3282 (Comm) (19 December 2023)

High Court (Patents Court)

Safestand Ltd v Weston Homes PLC & Ors [2023] EWHC 3250 (Pat) (19 December 2023)

High Court (King’s Bench Division)

Gap Group North East Ltd v Palmer (Re Supplementary Judgment) [2023] EWHC 3251 (KB) (20 December 2023)

Source: www.bailii.org

Griffiths v TUI: Supreme Court Unanimously Allows Appeal – International & Travel Law Blog

‘The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert evidence. In this post, Peter Hale considers the Supreme Court’s decision to overturn the decision of the majority of the Court of Appeal.’

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International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

Litigants-in-person in the Family Court – Devon Chambers

Posted December 20th, 2023 in chambers articles, families, family courts, litigants in person, news by sally

‘Legal aid can be difficult to obtain in private family law proceedings. Many parties now therefore choose to represent themselves.’

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Devon Chambers, 4th November 2023

Source: devonchambers.co.uk

A case commentary from Jonathan Holsgrove: Marriage and beneficial interests in POCA – R v Thompson – Park Square Barristers

‘R v Thompson [2023] EWCA Crim 1244, saw the Court of Appeal deal with the issue of how to approach beneficial interests in property where the property is in the sole name of a defendant’s spouse.’

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Park Square Barristers, 14th November 2023

Source: www.parksquarebarristers.co.uk

Envrionmental Law News Update – Six Pump Court

‘COP 28 is due to begin on Thursday and already it is not without controversy. First leaked documents have, according to the BBC, revealed plans that the United Arab Emirates had as host of the UN climate talks to discuss fossil fuel deals with 15 nations, including commercial opportunities for its state renewable energy company with the UK.’

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Six Pump Court, 30th November 2023

Source: 6pumpcourt.co.uk