BAILII: Recent Decisions

Posted March 15th, 2024 in law reports by michael

Court of Appeal (Civil Division)

Hadley v Przybylo [2024] EWCA Civ 250 (15 March 2024)

Kumar & Ors v LSC Finance Ltd [2024] EWCA Civ 254 (15 March 2024)

Ahmet v Tatum & Anor [2024] EWCA Civ 255 (15 March 2024)

White & Ors v Secretary of State for Health and Social Care [2024] EWCA Civ 244 (14 March 2024)

Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024)

Heathcote & Anor v Asertis Ltd [2024] EWCA Civ 242 (14 March 2024)

Deutsche Bank AG v Sebastian Holdings Inc & Anor [2024] EWCA Civ 245 (14 March 2024)

Quantum Advisory Ltd v Quantum Actuarial LLP [2024] EWCA Civ 247 (14 March 2024)

Court of Appeal (Criminal Division)

Young, R. v [2024] EWCA Crim 251 (15 March 2024)

High Court (Administrative Court)

DXK, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (15 March 2024)

Hamasalih v Italian Judicial Authority [2024] EWHC 595 (Admin) (15 March 2024)

McMahon, R (On the Application Of) v Independent Office for Police Conduct [2024] EWHC 556 (Admin) (14 March 2024)

McLeish & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2024] EWHC 532 (Admin) (14 March 2024)

Professional Standards Authority for Health and Social Care v General Pharmaceutical Council & Anor [2024] EWHC 577 (Admin) (14 March 2024)

LS, R (On the Application Of) v London Borough of Merton [2024] EWHC 584 (Admin) (14 March 2024)

High Court (King’s Bench Division)

Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB) (15 March 2024)

High Court (Technology & Construction Court)

Battersea Project Phase 2 Development Company Ltd v QFS Scaffolding Ltd [2024] EWHC 591 (TCC) (15 March 2024)

Jalla & Ors v Royal Dutch Shell PLC & Ors [2024] EWHC 578 (TCC) (14 March 2024)

Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies PLC [2024] EWHC 580 (TCC) (14 March 2024)


Recent Statutory Instruments –

Posted March 15th, 2024 in legislation by michael

SI 2024/379 – The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2024

SI 2024/377 – The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024

SI 2024/376 – The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2024

SI 2024/375 – The Parliamentary Constituencies (Amendment) Order 2024

SI 2024/374 – The Anaesthesia Associates and Physician Associates Order 2024

SI 2024/373 – The Down Syndrome Act 2022 (Commencement) Regulations 2024

SI 2024/371 – The Homelessness (Suitability of Accommodation) (England) (Amendment) Order 2024

SI 2024/370 – The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2024

SI 2024/365 – The Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2024

SI 2024/364 – The Tribunal Procedure (Amendment) Rules 2024

SI 2024/363 – The Flood and Water Management Act 2010 (Commencement No. 11) Order 2024

SI 2024/362 – The Animals (Scientific Procedures) Act 1986 (Fees) Order 2024

SI 2024/357 – The Finance Act 2004 (Registered Pension Schemes and Annual Allowance Charge) Order 2024

SI 2024/356 – The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024

SI 2024/347 – The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2024

SI 2024/345 – The Personal Injuries (Civilians) Scheme (Amendment) Order 2024

Courting controversy: the use of trigger warnings in teaching human rights law – The Law Teacher

Posted March 15th, 2024 in education, human rights, legal education, mental health, news, universities by sally

‘This article explores how legal academics approach sensitive topics in human rights law, specifically how content is chosen, curated and discussed with students. It draws on data collected as part of a small pilot study which looked at how human rights academics approach “controversial” topics and how their views on controversy and sensitivity may be reflected in their curriculum. It focuses on the wider debate around trigger warnings in higher education and explores how academics use them. It concludes that, despite their negative reputation, “trigger warnings” can play a necessary and welcome role in navigating sensitive material.’

Full Story

The Law Teacher, 1st March 2024


How has UK extremism definition changed and why is it attracting criticism? – The Guardian

‘The communities secretary, Michael Gove, has laid out a new definition of extremism. Here the Guardian examines what has changed and why, and the reason it is attracting criticism.’

Full Story

The Guardian, 14th March 2024


High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application – Local Government Lawyer

Posted March 15th, 2024 in adoption, care orders, children, families, local government, mental health, news by sally

‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’

Full Story

Local Government Lawyer, 14th March 2024


Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers

Posted March 15th, 2024 in appeals, assignment, chambers articles, contracts, insurance, interpretation, news by sally

‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’

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Gatehouse Chambers, 14th February 2024


The UK and the ECHR After Brexit: The Challenge of Immigration Control – EIN Blog

Posted March 15th, 2024 in asylum, brexit, EC law, human rights, immigration, news by sally

‘This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK’s moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.’

Full Story

EIN Blog, 14th March 2024


Kaylea Titford had no care plan in place when she died, review finds – The Guardian

‘A 16-year-old girl with “significant and chronic disabilities” who died in squalor at her family home in rural mid-Wales did not have a care plan in place, a child practice review into her death has found.’

Full Story

The Guardian, 14th March 2024


Madeline Gleeson & Theodore Konstadinides: The UK’s Rwanda policy and Lessons from Australia- UK Constitutional Law Association

‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’

Full Story

UK Constitutional Law Association, 14th March 2024


Former Lord Chief cautions against regulation of litigation funding – Legal Futures

Posted March 15th, 2024 in bills, civil justice, Civil Justice Council, news, third parties by sally

‘Regulation may not be answer for the future of the third-party litigation funding market, a former Lord Chief Justice has cautioned ahead of the Civil Justice Council (CJC) review of the sector.’

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Legal Futures, 15th March 2023


Jailed bankers appeal against interest rate ‘rigging’ convictions – BBC News

‘Two former bankers jailed for rigging interest rates are appealing against their convictions after an eight-year battle to clear their names.’

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BBC News, 14th March 2024


Trial judge appointed special examiner to hear the evidence of a sanctioned Russian litigant and his witness in Dubai (Gorbachev v Guriev) – Gatehouse Chambers

Posted March 15th, 2024 in chambers articles, dispute resolution, news, Russia, sanctions, witnesses by sally

‘Dispute Resolution analysis: HHJ Pelling, the trial judge in a piece of commercial litigation in England has approved an order by which he was appointed a special examiner to hear the evidence of sanctioned Russian Defendant and a witness on his behalf, his son in Dubai. The witnesses could not give evidence in England and Wales due to a travel ban imposed by the sanctions Regulations. This decision contrasts with a recent decision in the SKAT Litigation.’

Full Story

Gatehouse Chambers, 20th February 2024


Court of Protection declares lawfulness of care plan setting out arrangements for termination of woman’s pregnancy – Local Government Lawyer

‘A judge sitting in the Court of Protection has declared that a care plan setting out the arrangements for the termination of a woman’s pregnancy was lawful.’

Full Story

Local Government Lawyer, 14th March 2024