Recent Statutory Instruments –

Posted January 2nd, 2024 in legislation by tracey

SI 2023/1431 – The Health and Care Act 2022 (Commencement No. 8 and Transitional and Saving Provision) Regulations 2023

SI 2023/1436 – The Customs Tariff (Preferential Trade Arrangements) (Amendment) Regulations 2023

SI 2023/1426 – The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023

SI 2023/1425 – The Equality Act 2010 (Amendment) Regulations 2023

SI 2023/1424 – The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023

SI 2023/1430 – The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023


BAILII: Recent Decisions

Posted January 2nd, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Kihembo v Disclosure and Barring Service [2023] EWCA Civ 1547 (21 December 2023)

Global Feedback Ltd, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs & Anor [2023] EWCA Civ 1549 (21 December 2023)

Peiris, R (On the Application Of) v First-Tier Tribunal & Ors [2023] EWCA Civ 1527 (21 December 2023)

Juj v John Lewis Partnership PLC [2023] EWCA Civ 1507 (21 December 2023)

Czech Republic v Diag Human SE & Anor [2023] EWCA Civ 1518 (21 December 2023)

Ahmed v Rehman [2023] EWCA Civ 1504 (21 December 2023)

Court of Appeal (Criminal Division)

Jacobs, R. v [2023] EWCA Crim 1503 (21 December 2023)

High Court (Administrative Court)

West Coast Railway Company Ltd, R (On the Application Of) v Office of Rail and Road [2023] EWHC 3338 (Admin) (22 December 2023)

DF, R (On the Application Of) v Essex County Council [2023] EWHC 3330 (Admin) (22 December 2023)

Kingdom Corporate Ltd & Anor, R (On the Application Of) v Commissioners for His Majesty’s Revenue and Customs & Anor [2023] EWHC 3315 (Admin) (21 December 2023)

Davies v Greene [2023] EWHC 3304 (Admin) (21 December 2023)

Hawkins v Health and Care Professions Council [2023] EWHC 3256 (Admin) (21 December 2023)

Sneddon, R (On the Application Of) v Secretary of State for Justice [2023] EWHC 3303 (Admin) (21 December 2023)

Lehram Capital Investments Ltd, R (On the Application Of) v Southwark Crown Court [2023] EWHC 3190 (Admin) (21 December 2023)

Moss, R (On the Application Of) v Service Complaints Ombudsman of the Armed Forces (No.3) [2023] EWHC 3311 (Admin) (21 December 2023)

Davies v Greene [2023] EWHC 3329 (Admin) (21 December 2023)

Stanuszek v Bunyan (Listing Officer) [2023] EWHC 3275 (Admin) (20 December 2023)

Dunne & Anor, R (on the application of) v The Independent Office for Police Conduct [2023] EWHC 3300 (Admin) (20 December 2023)

High Court (Chancery Division)

Clapham & Ors v Narga [2023] EWHC 3337 (Ch) (22 December 2023)

The Joint Administrators of Lehman Brothers Holdings PLC v LB GP No.1 Ltd & Ors (Re Consequential Matters) [2023] EWHC 3317 (Ch) (21 December 2023)

BC Penthouse Ltd v Sheikha Hind Salim Homoud Al-Jaber Al-Sabah [2023] EWHC 3307 (Ch) (21 December 2023)

Asturion Foundation v Alibrahim [2023] EWHC 3305 (Ch) (21 December 2023)

Holden v Holden & Anor [2023] EWHC 3292 (Ch) (20 December 2023)

High Court (Commercial Court)

Eurasian Natural Resources Corporation Ltd v Dechert LLP & Anor [2023] EWHC 3280 (Comm) (21 December 2023)

Galliani & Anor v Sartori & Ors [2023] EWHC 3306 (Comm) (21 December 2023)

Federal Republic of Nigeria v Process & Industrial Development Ltd (Re Ruling on Leave to Appeal) [2023] EWHC 3320 (Comm) (21 December 2023)

High Court (Family Division)

MB v KB & Ors (Costs) [2023] EWHC 3299 (Fam) (21 December 2023)

High Court (King’s Bench Division)

GWS & Ors v St Thomas Becket Catholic Primary School [2023] EWHC 3321 (KB) (22 December 2023)

Bennion v Adventure Parc Snowdonia Ltd [2023] EWHC 3334 (KB) (21 December 2023)

Ullah v Ullah & Anor [2023] EWHC 3313 (KB) (21 December 2023)

Manning v DNATA Catering UK Ltd [2023] EWHC 3302 (KB) (21 December 2023)

Stokoe Partnership Solicitors v Grayson & Ors [2023] EWHC 3273 (KB) (21 December 2023)

Probyn v Noordin [2023] EWHC 3314 (KB) (21 December 2023)

High Court (Technology and Construction Court)

Municipio de Mariana & Ors v BHP Group (UK) Ltd & Anor [2023] EWHC 3281 (TCC) (21 December 2023)


Failed succession, residential care and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246. We first saw this very sad case on first instance in the High Court. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since 1965. Ms Mailley had lived at the property since she was 11 years old and was now 68.’

Full Story

Nearly Legal, 30th December 2023


Upper Tribunal on ‘person managing’ and ‘person in control’ of HMO for an RRO – Nearly Legal

‘Cottam & Ors v Lowe Management Ltd (HOUSING – RENT REPAYMENT ORDER – statutory definitions of “person managing” and “person in control of” an HMO) (2023) UKUT 306 (LC). This is a quite significant Upper Tribunal decision on a rent repayment order application appeal on the statutory meaning of “person managing” and “person in control” of an HMO, with an interesting other issue on the effect of the owner of the property being a “health service body” for the purposes of Schedule 14 Housing Act 2004.’

Full Story

Nearly Legal, 30th December 2023


Lord Sales, The Interface Between Contract and Equity – Supreme Court

Posted January 2nd, 2024 in contracts, equity, fiduciary duty, lectures, news by tracey

‘Lord Sales, The Interface Between Contract and Equity – Equity Conference 2023’

Full speech

Full Story

Supreme Court, 19th December 2023


Brand new guide to help public easily access court hearings – Ministry of Justice

Posted January 2nd, 2024 in civil justice, courts, criminal justice, Ministry of Justice, news, tribunals by tracey

‘People are being encouraged to see how justice is done in courtrooms with the publication of a new and simple “how to” guide for attending court hearings today.’

Full Story

Ministry of Justice, 30th December 2023


Man fined for sending abusive email to Angela Rayner MP – Crown Prosecution Service

Posted January 2nd, 2024 in electronic mail, fines, guilty pleas, malicious communications, news, sentencing by tracey

‘A man who sent a vile and abusive email to MP Angela Rayner following the publication of a national newspaper article about the politician has been fined.’

Full Story

Crown Prosecution Service, 28th December 2023


Judge dismisses disclosure application to protect media source – Law Society’s Gazette

Posted January 2nd, 2024 in disclosure, law firms, media, news by tracey

‘A High Court judge has dismissed a disclosure application in the ongoing litigation involving international firm Dechert and its former head of white-collar crime after finding that even a redacted document might risk revealing a journalist’s source.’

Full Story

Law Society's Gazette, 29th December 2023


Thousands of women at risk as police reject over 10,000 background checks on potential abusers – The Independent

Posted January 2nd, 2024 in criminal records, delay, domestic violence, news, police, statistics, vetting by tracey

‘Thousands of vulnerable women are being left at serious risk of harm because police forces are failing to hand over potentially lifesaving information on violent criminals, The Independent can reveal.’

Full Story

The Independent, 1st January 2024


Black man shot with stun gun by London police allowed to appeal in damages case – The Guardian

Posted January 2nd, 2024 in appeals, London, news, police, road traffic, stop and search, weapons by tracey

‘A black youth worker who was standing with his arms folded when he was shot with a stun gun by officers during a traffic stop has been given permission to appeal over a lost claim for damages against City of London police.’

Full Story

The Guardian, 1st January 2024


Ofsted school inspections halted after Ruth Perry suicide – The Independent

Posted January 2nd, 2024 in coroners, inquests, news, suicide, teachers by tracey

‘Ofsted will be halting school inspections indefinitely to protect the wellbeing of vulnerable staff subjected to examinations after a head teacher committed suicide, the new watch dog chief has announced.’

Full Story

The Independent, 2nd January 2024


Fitter working for Sharps takes legal action over employment rights – The Guardian

Posted January 2nd, 2024 in holiday pay, minimum wage, news, penalties, remuneration, self-employment, sick leave by tracey

‘A fitter working for the furniture chain Sharps Bedrooms is taking legal action for better employment rights in a case that could open the door to improving conditions and pay for thousands of gig economy workers fitting kitchens, bathrooms and cupboards for big chains.’

Full Story

The Guardian, 2nd January 2024