BAILII: Recent Decisions

Posted December 6th, 2023 in law reports by michael

Court of Appeal (Civil Division)

Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd & Anor [2023] EWCA Civ 1451 (06 December 2023)

British Telecommunications Plc v Revenue And Customs [2023] EWCA Civ 1412 (04 December 2023)

G (Children), Re (Supervised Contact) [2023] EWCA Civ 1453 (04 December 2023)

C v M (A Child) (Abduction: Representation of Child Party) [2023] EWCA Civ 1449 (01 December 2023)

T (Abduction: Protective Measures: Agreement to Return) [2023] EWCA Civ 1415 (01 December 2023)

Competition And Markets Authority v Apple Inc & Ors [2023] EWCA Civ 1445 (30 November 2023)

Moss v The Royal Borough of Kingston-Upon-Thames & Anor [2023] EWCA Civ 1438 (30 November 2023)

Court of Appeal (Criminal Division)

Drake & Anor v R. [2023] EWCA Crim 1454 (04 December 2023)

High Court (Administrative Court)

Clarke-Holland, R (On the Application Of) v Secretary State for the Home Department & Anor [2023] EWHC 3140 (Admin) (06 December 2023)

Tortoise Media Ltd, R (On the Application Of) v Conservative and Unionist Party [2023] EWHC 3088 (Admin) (05 December 2023)

Yianoma v Bar Standards Board [2023] EWHC 3112 (Admin) (04 December 2023)

McKoy, R (on the application of) v The Secretary of State for Justice [2023] EWHC 3047 (Admin) (01 December 2023)

AM, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 3034 (Admin) (01 December 2023)

TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin) (01 December 2023)

Ali v The General Medical Council [2023] EWHC 2984 (Admin) (30 November 2023)

High Court (Chancery Division)

The Official Receiver & Anor v Haq & Anor [2023] EWHC 3072 (Ch) (05 December 2023)

Tonstate Group Ltd & Ors v Wojakovski [2023] EWHC 3119 (Ch) (05 December 2023)

Rued v Dormer & Anor [2023] EWHC 3118 (Ch) (05 December 2023)

Barnard v Brandon & Ors [2023] EWHC 3043 (Ch) (05 December 2023)

British Film Institute v Hall Media Group Ltd [2023] EWHC 3110 (Ch) (05 December 2023)

Allen & Anor v Sines Parks Holdings Ltd [2023] EWHC 3104 (Ch) (04 December 2023)

Bal v Attri [2023] EWHC 3103 (Ch) (04 December 2023)

Florestco Ltd v The Hillview Group Ltd & Ors [2023] EWHC 2971 (Ch) (01 December 2023)

Getty Images (US) Inc & Ors v Stability AI Ltd [2023] EWHC 3090 (Ch) (01 December 2023)

Finnan v Charles Russell Speechlys LLP [2023] EWHC 3058 (Ch) (01 December 2023)

Chedington Events Ltd v Brake & Anor [2023] EWHC 3094 (Ch) (01 December 2023)

Bahia v Sidhu & Anor [2023] EWHC 3028 (Ch) (30 November 2023)

Jewkes v Watson & Anor [2023] EWHC 2993 (Ch) (30 November 2023)

Barclays Bank UK Plc v Terry & Anor [2023] EWHC 3113 (Ch) (30 November 2023)

Piercev & Anor v Barton & Anor [2023] EWHC 3016 (Ch) (29 November 2023)

Gamenation (UK) Ltd, Re [2023] EWHC 3020 (Ch) (29 November 2023)

High Court (Commercial Court)

Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors [2023] EWHC 3134 (Comm) (06 December 2023)

Wirral Council as Administering Authority of Merseyside Pension Fund v Indivior PLC [2023] EWHC 3114 (Comm) (05 December 2023)

HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Gibbs [2023] EWHC 3111 (Comm) (05 December 2023)

PT Services Malta Limited v Tecnologia En Entretenimiento Caliplay S De Rl De Cv [2023] EWHC 3060 (Comm) (04 December 2023)

The Kingdom Bank Corporation v Moorwand Ltd [2023] EWHC 3069 (Comm) (01 December 2023)

High Court (King’s Bench Division)

Gap Group North East Ltd v Palmer [2023] EWHC 3061 (KB) (01 December 2023)

Dyson v MGN Ltd [2023] EWHC 3092 (KB) (01 December 2023)

Cavallari & Ors v Mercedes-Benz Group AG & Ors [2023] EWHC 3099 (KB) (01 December 2023)

Mincione v Gedi Gruppo Editoriale Spa [2023] EWHC 3029 (KB) (30 November 2023)


Local plan legal challenge shot down by High Court over “hypercritical scrutiny” of planning inspector report – Local Government Lawyer

Posted December 6th, 2023 in covenants, interpretation, local government, news, planning by sally

‘A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’

Full Story

Local Government Lawyer, 5th December 2023


No 10 finally to respond to 2017 report on Hillsborough injustices – The Guardian

‘Relatives of the 97 people killed at Hillsborough in 1989 will discover today how the government intends to respond to recommendations for widespread reform made in an official report six years ago into their experiences.’

Full Story

The Guardian, 6th December 2023


Tenants left ‘vulnerable’ over £10k unlawful fees – BBC News

Posted December 6th, 2023 in fees, housing, landlord & tenant, news by sally

‘A tenant said she and her family were left feeling “really vulnerable” after being charged unlawful fees totalling more than £10,000.’

Full Story

BBC News, 6th December 2023


Court of Appeal finds ‘flaws at all levels’ in ECAA case – EIN Blog

Posted December 6th, 2023 in appeals, immigration, judicial review, news by sally

‘The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to the European Community Association Agreement (or “ECAA”) between the UK and Turkey, the first instance decision-maker, the administrative reviewer and even the judge conducting a judicial review had all fallen into error in rejecting Mr Ozmen’s proposal on the basis of a superficial search resulting in wrong factual information about the viability of one potential customer. That flaw had undermined the decision-making at all levels. It was also quite irrational to reject the entire application on the basis of an analysis of evidence about the viability of one customer where the overall scheme of the evidence about four potential customers showed that there was broad demand for Mr Ozmen’s services. Mr Ozmen appealed against the dismissal of his claim for judicial review of the SSHD’s refusal to grant him leave to remain in the UK as a businessperson under the ECAA. He had arrived in the UK having been granted leave to enter as a short-term student in December 2019 and in May 2020, he applied for leave to remain here as a business person. His plan was to work as a mobile barber in and around the town of Glossop (Derbyshire) and he had submitted a detailed proposal with his application. On 15 March 2021, his application was refused and his administrative review application was unsuccessful on 7 February 2022 and he was advised to leave the country.’

Full Story

EIN Blog, 5th December 2023


Section 21 and Gas Safety – post start of tenancy installations – Nearly Legal

Posted December 6th, 2023 in health & safety, housing, landlord & tenant, news, repairs, repossession by sally

‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’

Full Story

Nearly Legal, 5th December 2023


Most victims of domestic homicide have contacted police or NHS, review shows – The Guardian

‘A review of 302 domestic homicides recorded in a four-year period has found that the majority of those killed had been “hiding in plain sight”, having made contact with the police, health services and other public agencies before their death.’

Full Story

The Guardian, 6th December 2023


‘You were told’: Killed Women report shows deaths could have been prevented – The Guardian

‘Two-thirds of 115 bereaved families surveyed by Ipsos thought the fatal attack on their loved one had been very or fairly preventable.’

Full Story

The Guardian, 5th December 2023