BAILII: Recent Decisions

Posted March 1st, 2024 in law reports by michael

Court of Appeal (Civil Division)

Secretary of State for Work and Pensions v Miah [2024] EWCA Civ 186 (01 March 2024)

Parker-Grennan v Camelot UK Lotteries Ltd [2024] EWCA Civ 185 (01 March 2024)

High Court (Administrative Court)

Chilton v Payne [2024] EWHC 451 (Admin) (01 March 2024)

Marks and Spencer PLC v Secretary of State for Levelling Up, Housing and Communities & Ors [2024] EWHC 452 (Admin) (01 March 2024)

High Court (Chancery Division)

EFG Private Bank Ltd v Babaee (Re Insolvency Act 1986) [2024] EWHC 444 (Ch) (01 March 2024)

Reeve v McDonagh & Anor [2024] EWHC 439 (Ch) (01 March 2024)

Financial Conduct Authority v WealthTek LLP & Anor (Re Financial Services and Markets Act 2000) [2024] EWHC 424 (Ch) (01 March 2024)

Chu v Je & Anor (Re Costs) [2024] EWHC 455 (Ch) (01 March 2024)

High Court (Commercial Court)

Tactus Holdings Ltd v Jordan & Ors [2024] EWHC 399 (Comm) (01 March 2024)

High Court (King’s Bench Division)

Anyon & Ors v Secretary of State for Work and Pensions [2024] EWHC 326 (KB) (01 March 2024)

High Court (Technology & Construction Court)

IBM United Kingdom Ltd v LzLabs GmbH & Ors [2024] EWHC 423 (TCC) (28 February 2024)


Recent Statutory Instruments –

Posted March 1st, 2024 in legislation by michael

SI 2024/271 – The National Health Service (Primary Dental Services and Dental Charges) (Amendment) Regulations 2024

SI 2024/270 – The Small Business, Enterprise and Employment Act 2015 (Commencement No. 8) Regulations 2024

SI 2024/269 – The Economic Crime and Corporate Transparency Act 2023 (Commencement No. 2 and Transitional Provision) Regulations 2024

SI 2024/262 – The Human Tissue Act 2004 (Supply of Information about Transplants) Regulations 2024

SI 2024/260 – The Designation of Schools Having a Religious Character (England) Order 2024

SI 2024/252 – The Bank of England Levy (Amount of Levy Payable) Regulations 2024

SI 2024/250 – The Financial Services and Markets Act 2023 (Commencement No. 5) Regulations 2024

SI 2024/249 – The Social Security (Contributions) (Limits and Thresholds, National Insurance Funds Payments and Extension of Veterans Relief) Regulations 2024

SI 2024/248 – The Misuse of Drugs and Misuse of Drugs (Designation) (England and Wales and Scotland) (Amendment and Revocation) Regulations 2024

SI 2024/247 – The Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2024

SI 2024/245 – The Code of Practice (Picketing) Order 2024

SI 2024/239 – The Misuse of Drugs and Misuse of Drugs (Designation) (England and Wales and Scotland) (Amendment) Regulations 2024

SI 2024/218 – The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2024

SI 2024/212 – The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024

SI 2024/210 – The Education (Penalty Notices) (England) (Amendment) Regulations 2024

SI 2024/209 – The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2024

SI 2024/208 – The School Attendance (Pupil Registration) (England) Regulations 2024


High Court authorises deprivation of liberty of seven-year-old child in registered children’s home – Local Government Lawyer

‘The High Court has granted a local authority’s application to deprive a seven-year-old boy of his liberty, with directions to use the “minimum degree of force or restraint required”.’

Full Story

Local Government Lawyer, 1st March 2024


A heckler’s veto on Christian street preaching in the UK – Law & Religion UK

‘In Britain, there have been a number of incidents in which Christians have been prevented from preaching in public spaces by the police. For example, the recent incident of Pastor Dwayne Lopez in Uxbridge garnered much media attention. Pastor Lopez was asked to stop preaching by several Metropolitan Police officers because it had been reported by an individual that they found him to be offensive.’

Full Story

Law & Religion UK, 29th February 2024


Judge says he was misled by “fabricated” £74m arbitration ruling – Legal Futures

Posted March 1st, 2024 in arbitration, fraud, news, setting aside by sally

‘A High Court judge has set aside an order he made to enforce a £74m arbitration award after discovering that both the arbitration agreement and ruling were fabricated.’

Full Story

Legal Futures, 1st March 2024


Devastating report lays bare police failings over Sarah Everard’s killer – The Guardian

‘The full extent of Wayne Couzens’ alleged offending was laid bare in a devastating official report that revealed accusations of serial sexual abuse including rapes, before he used his status as a police officer to kidnap and murder Sarah Everard.’

Full Story

The Guardian, 29th February 2024


When Treaties are Forbidden – EIN Blog

‘Safe Third Country (STC) agreements involve the transfer of protection-seekers from one State to another. They take different forms, including bilateral treaties (the UK-Rwanda Treaty), political agreements (the Italy-Albania MoU) and regional mechanisms (Dublin III). They are usually justified as a means of sharing responsibility for protecting refugees and ‘managing’ access to asylum determination processes, as is the case for the Canada-US Safe Third Country Agreement. In other contexts their explicit purpose is to deter and to punish.

Full Story

EIN Blog, 29th February 2024


‘We need more compassion’: UK families call for assisted dying reform – The Guardian

‘As MPs report on the issue, a son and daughter on how their parents’ deaths led them to campaign for a change in law.’

Full Story

The Guardian, 29th February 2024


Labradoodle thief guilty of Donald Patience murder – BBC News

Posted March 1st, 2024 in animals, burglary, murder, news, theft by sally

‘A man who strangled a dog owner and then stole his pet labradoodle has been found guilty of murder.’

Full Story

BBC News, 29th February 2024


Law body considers which law governs digital asset disputes –

‘The Law Commission of England and Wales has opened a new project to examine how questions on the application of private international law should be answered in the context of disputes over digital assets or electronic trade documents.’

Full Story, 29th February 2024


Assisted dying / assisted suicide – an informer – Mental Capacity Law and Policy

‘In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying / assisted suicide on 29 February 2024 and as a modest contribution to informing debate about these issues, I have recorded an ‘informer,’ in which I give an overview of the current law in England & Wales and worldwide, set out some of the reasons why people might want change, and some reasons why people are concerned about it, and then look at what the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities might say of relevance. It is quite a lot for half an hour, and it goes without saying that it is a video which engages with difficult matters.’

Full Story

Mental Capacity Law and Policy, 29th February 2024


Climate Change and Investment Duties: a Prisoner’s Dilemma? – Pensions Barrister

Posted March 1st, 2024 in chambers articles, climate change, fiduciary duty, news, pensions by sally

‘James McCreath of Wilberforce Chambers comments on the recent FMLC report on pension trustees and fiduciary duties.’

Full Story

Pensions Barrister, 29th February 2024


The TV licence fee scandal: why are 1,000 people a week being casually criminalised? – The Guardian

Posted March 1st, 2024 in BBC, criminal justice, news by sally

‘Each year, tens of thousands of UK citizens are charged with non-payment of their TV licence fee – from the man who missed payments while in hospital, to a woman with a brain injury who forgot to pay.’

Full Story

The Guardian, 29th February 2024


Father of Brianna Ghey killer Eddie Ratcliffe jailed for sex offences – The Guardian

‘The father of one of Brianna Ghey’s killers has been sentenced to 15 months after pleading guilty to indecent exposure and taking an indecent image of a child.’

Full Story

The Guardian, 29th February 2024