BAILII: Recent Decisions

Posted January 4th, 2024 in law reports by tracey

High Court (Administrative Court)

Gleeson v Social Work England [2024] EWHC 3 (Admin) (02 January 2024)

High Court (Patents Court

Sandoz AG & Ors v Bayer Intellectual Property GmbH [2023] EWHC 3276 (Pat) (08 December 2023)

Source: www.bailii.org

Hitting the high spots: 2023 in construction law – Atkin Chambers

Posted January 4th, 2024 in building law, chambers articles, construction industry, news by sally

‘In an article published today by Building Magazine, Rupert Choat KC looks at the legal highlights of 2023 in construction law, which include a case on a high-up viewing platform and a new regime for high-rise residences.’

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Atkin Chambers, 18th December 2023

Source: www.atkinchambers.com

Jus Spatiandi after Dewhurst v Hodge – New Square Chambers

Posted January 4th, 2024 in chambers articles, news, prescription, rights of way by sally

‘This case involved the registration of a prescriptive right way to a residential property. The right of way sought to be registered was described in box 9 of the ST4 accompanying the AP1 application form dated 22nd May 2020 as:
“A right of way by foot in the field immediately to the south-east of the boundary of WA452860 being part of CYM717554 as marked in green on the attached plan marked as PLAN 3”.’

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New Square Chambers, 8th December 2023

Source: www.newsquarechambers.co.uk

Ombudsman overpayment determination – Pensions Barrister

Posted January 4th, 2024 in news, ombudsmen, pensions by sally

‘The Pensions Ombudsman (TPO) has published his first determination since the Court of Appeal’s decision in The Pensions Ombudsman v CMG Pension Trustees Ltd [2023] EWCA Civ 1258 of a complaint by a scheme member relating to the recovery of overpaid benefits from his future pension payments.’

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Pensions Barrister, 4th January 2024

Source: www.pensionsbarrister.com

Personal Injury: In the face of uncertainty – 3 Hare Court

Posted January 4th, 2024 in chambers articles, compensation, news, personal injuries by sally

‘In Mathieu v Hinds [2022] EWHC 924, [2022] All ER (D) 66 (Apr) the High Court (Hill J) considered the vexed question of the appropriate method of assessing future loss of earnings where the loss is subject to multiple uncertain contingencies. The case reflects a developing trend of moving away from broad-brush lump-sum ‘Blamire awards’ towards assessment on the more conventional multiplier/multiplicand approach (the multiplier approach).’

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3 Hare Court, 10th November 2023

Source: www.3harecourt.com

Junior doctor’s appeal against factual findings of sexual misconduct dismissed and limited weight afforded to good character: Shabir v General Medical Council [2023] EWHC 17 – 2 Hare Court

‘In a judgment handed down on 13 July 2023, Mrs Justice Hill dismissed Dr Shabir’s appeal under s40 of the Medical Act 1983 against the finding of facts of the Medical Practitioners Tribunal (“the Tribunal”) which resulted in his erasure from the medical register.’

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2 Hare Court, 5th December 2024

Source: www.2harecourt.com

Prison Overcrowding: A review of recent court of appeal cases, past and future legislative changes – 2 Hare Court

Posted January 4th, 2024 in chambers articles, news, prisons, sentencing, statistics by sally

‘The number of people currently held in prison in England and Wales is at record levels. On 19 October 2023, according to figures released by the Ministry of Justice, 88,225 people were held in the prison estate.’

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2 Hare Court, 29th November 2023

Source: www.2harecourt.com

FemTech: Top data protection tips for period and fertility-tracking apps – Mills & Reeve

Posted January 4th, 2024 in advertising, data protection, internet, news, pregnancy, women by sally

‘Following the announcement by the Information Commissioner’s Office (ICO) of their review into how period and fertility-tracking apps process user information, my data protection colleagues David Hall and Robert Beveridge, carried out an assessment of the data protection compliance of a small sample of apps and provide their top tips for FemTech app providers.’

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Mills & Reeve, 3rd January 2024

Source: www.mills-reeve.com

Case Comment: London Borough of Merton Council v Nuffield Health [2023] UKSC 18 – UKSC Blog

Posted January 4th, 2024 in charities, fiduciary duty, health, local government, news, rates, Supreme Court by sally

‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, comments on the decision by the Supreme Court in London Borough of Merton Council v Nuffield Health [2023] UKSC 18. The issue before the Supreme Court was whether Nuffield Health is entitled to mandatory relief from non-domestic rates in respect of its occupation of its members-only gym under the Local Government Finance Act 1988.’

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UKSC Blog, 3rd January 2024

Source: ukscblog.com

Courts will continue to shape building safety law in 2024 – OUT-LAW.com

Posted January 4th, 2024 in building law, construction industry, health & safety, news by sally

‘Construction companies should expect the courts in England and Wales to be sympathetic to building safety claims in 2024.’

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OUT-LAW.com, 3rd January 2024

Source: www.pinsentmasons.com

Judicial review launched over planning inspector decision to allow oil drilling operation in Lincolnshire – Local Government Lawyer

Posted January 4th, 2024 in judicial review, local government, news, oil wells, planning by sally

‘A planning inspector’s decision to overturn Lincolnshire County Council’s refusal of permission for further oil drilling in a village has been subject to a judicial review application.’

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Local Government Lawyer, 3rd January 2024

Source: www.localgovernmentlawyer.co.uk

UK watchdog rules Eurostar’s £39 seat sale advert was misleading – The Guardian

Posted January 4th, 2024 in advertising, complaints, news, railways, standards by sally

‘Eurostar has been censured by the advertising watchdog after misleading potential customers over the cost of seats during its sale last summer.’

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The Guardian, 3rd January 2024

Source: www.theguardian.com

Urgent need for terrorism AI laws, warns think tank – BBC News

Posted January 4th, 2024 in artificial intelligence, internet, news, terrorism by sally

‘The UK should “urgently consider” new laws to stop AI recruiting terrorists, a counter-extremism think tank says.’

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BBC News, 3rd January 2024

Source: www.bbc.co.uk

New law requires 22% of cars sold in UK to be zero-emission – The Independent

Posted January 4th, 2024 in electricity, news, pollution, road traffic, transport by sally

‘New rules requiring car manufacturers to sell a minimum proportion of zero-emission vehicles has come into force, according to the government’s Department for Transport (DfT).’

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The Independent, 4th January 2024

Source: www.independent.co.uk

Retained EU law reforms come into force in the UK – OUT-LAW.com

Posted January 4th, 2024 in EC law, news, statute law revision, statutory interpretation by sally

‘The way that thousands of pieces of UK legislation are interpreted could change after a new Act impacting the way EU-derived laws are applied in the UK entered into force.’

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OUT-LAW.com, 3rd January 2024

Source: www.pinsentmasons.com

Campaigners condemn 12-year sentence for man who killed partner in Birmingham – The Guardian

Posted January 4th, 2024 in domestic violence, homicide, news, sentencing by sally

‘The 12-year manslaughter sentence given to a man who had been violent to his partner and admitted killing her in a text message to a friend “shows how the criminal justice system fails to deliver justice for women”, campaigners have argued.’

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The Guardian, 3rd January 2024

Source: www.theguardian.com