BAILII: Recent Decisions

Posted April 18th, 2024 in law reports by michael

Supreme Court

Secretary of State for Business and Trade v Mercer [2024] UKSC 12 (17 April 2024)

Court of Appeal (Civil Division)

Morris & Ors v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376 (18 April 2024)

ASY & Ors v Home Office [2024] EWCA Civ 373 (18 April 2024)

The British Medical Association, R (On the Application Of) v His Majesty’s Treasury & Anor [2024] EWCA Civ 355 (17 April 2024)

Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 (17 April 2024)

Akhtar v Secretary of State for the Home Department [2024] EWCA Civ 354 (16 April 2024)

Court of Appeal (Criminal Division)

Haden & Ors, R. v [2024] EWCA Crim 344 (16 April 2024)

Luxton, R. v [2024] EWCA Crim 340 (16 April 2024)

High Court (Administrative Court)

Scott, R (On the Application Of) v Secretary of State for Justice & Anor [2024] EWHC 855 (Admin) (18 April 2024)

MCML Ltd & Anor, R (On the Application Of) v Southwark Crown Court [2024] EWHC 861 (Admin) (17 April 2024)

Cuciurean v Crown Prosecution Service [2024] EWHC 848 (Admin) (17 April 2024)

TTT, R (On the Application of) v Michaela Community Schools Trust [2024] EWHC 843 (Admin) (16 April 2024)

Trotman v Environment Agency [2024] EWHC 825 (Admin) (16 April 2024)

Pickford, R (On the Application Of) v Sandwell Metropolitan Borough Council [2024] EWHC 756 (Admin) (12 April 2024)

Social Work England v Edmund [2024] EWHC 826 (Admin) (12 April 2024)

High Court (Chancery Division)

Valbonne Estates Ltd v United Homes Ltd [2024] EWHC 876 (Ch) (18 April 2024)

Lenovo Group Ltd & Ors v Telefonaktiebolaget LM Ericsson (publ) & Anor [2024] EWHC 846 (Ch) (18 April 2024)

Tyshchenko v Hyde & Ors (Re Olena Tyshchenko – Insolvency Act 1986) [2024] EWHC 838 (Ch) (17 April 2024)

Niprose Investments Ltd & Ors v Vincents Solicitors Ltd (Professional negligence) [2024] EWHC 801 (Ch) (17 April 2024)

Weintraub v London Borough of Hackney [2024] EWHC 845 (Ch) (16 April 2024)

Bourne & Anor v Manukyan & Anor (Re MM Apartment Letting Ltd – Insolvency Act 1986) [2024] EWHC 832 (Ch) (16 April 2024)

High Court (Family Division)

O (Appeal; Duty To Consider Fact-Find), Re [2024] EWHC 839 (Fam) (17 April 2024)

N (A Child), Re (Ukraine: Art. 13(b)) [2024] EWHC 871 (Fam) (17 April 2024)

Incorporated Trustees of Great Calling Ministries Worldwide v Irabor & Anor [2024] EWHC 803 (Fam) (11 April 2024)

High Court (Patents Court)

Sandoz AG & Ors v Bayer Intellectual Property GmbH [2024] EWHC 796 (Pat) (12 April 2024)

High Court (King’s Bench Division)

Lukes v Kent & Medway NHS & Social Care Partnership Trust & Anor [2024] EWHC 753 (KB) (15 April 2024)

Wilson v Mendelsohn & Ors [2024] EWHC 821 (KB) (10 April 2024)

High Court (Technology and Construction Court)

ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) (18 April 2024)

Martell v Roszkowski & Ors [2024] EWHC 840 (TCC) (16 April 2024)


“A racket” – judge hits out at hidden commissions in PI cases – Legal Futures

Posted April 18th, 2024 in costs, expert witnesses, fees, news, personal injuries, road traffic by sally

‘A circuit judge has attacked the “little micro-industry of unknown and unknowable commissions or referral or arrangement fees” in personal injury claims.’

Full Story

Legal Futures, 18th April 2024


Paul F Scott: Spying on Parliamentarians -UK Constitutional Law Association

Posted April 18th, 2024 in interception, investigatory powers, news, parliament, telecommunications by sally

‘The Investigatory Powers (Amendment) Bill was introduced into Parliament before Christmas, starting in the House of Lords, to which it will shortly return for consideration of Commons amendments. Generally, the progress of the Bill, much of which implements recommendations made by Lord Anderson of Ipswich in his review of the Investigatory Powers Act 2016 of June 2023, has been smooth. This post considers an issue which has been the focus of a large portion of the attention the Bill has received during the Parliamentary process – the change being made to the law permitting the surveillance of parliamentarians – and the logic it might be thought to reflect.’

Full Story

UK Constitutional Law Association, 17th April 2024


From low-level drug dealer to human trafficker: are modern slavery laws catching the wrong people? – The Guardian

‘When armed police burst through his front door in Tottenham, north London, at 5am in September 2014, Glodi Wabelua knew things looked bad. The house was full of drug paraphernalia, including a hydraulic press, scales and mixing bowls, as well as a mobile phone full of incriminating texts advertising deals for crack cocaine and heroin.’

Full Story

The Guardian, 18th April 2024


DWP warns carers they could face greater penalties if they appeal against fines – The Guardian

Posted April 18th, 2024 in appeals, benefits, carers, fines, news, penalties by sally

‘Government officials have been accused of using “threatening and cruel” tactics towards unpaid carers by saying they could face even greater financial penalties if they appeal against “vindictive” benefit fines.’

Full Story

The Guardian, 17th April 2024


Human rights protections inhibit employer sanctions over lawful strike action, rules Supreme Court –

‘UK legislation allowing employers to take disciplinary action against employees for their participation in lawful strike action is in breach of those employees’ human rights, according to a new Supreme Court ruling.’

Full Story, 17th April 2024


Council wins Court of Protection appeal over ruling on capacity of 20-year-old man – Local Government Lawyer

Posted April 18th, 2024 in Court of Protection, learning difficulties, local government, news by sally

‘The Court of Protection has allowed an unnamed local authority’s appeal against a court decision that a 20-year-old man, ZZ, has capacity to make decisions about residence, engage in sexual relations and marriage.’

Full Story

Local Government Lawyer, 18th April 2024


Banning ritual prayers in school: Michaela Schools Trust – Law & Religion UK

‘In R (TTT, by her mother and litigation friend UUU) v Michaela Community Schools Trust & Anor [2024] EWHC 842 (Admin), the school’s governing body decided in 2023 to prohibit its pupils from performing prayer rituals on its premises after the Headteacher had banned them as an interim measure. That policy applied to all prayer rituals, regardless of religion, but there was no evidence that pupils of any religion other than Islam wished to perform prayer rituals during the school day. Muslims are required to pray five times a day. The claimant, a Muslim, accepted that the requirements of the school day meant that she would not always be able to fulfil that obligation during the appropriate period; however, she wished to be allowed to perform the midday prayer [Duhr], which during the autumn and winter months would be possible during the school lunch break – which, she argued, was “free time”.’

Full Story

Law & Religion UK, 17th April 2024


Whistleblower protection and proposals for reform – Kingsley Napley Criminal Law Blog

Posted April 18th, 2024 in bills, employment, news, whistleblowers by sally

‘When an individual raises concerns regarding suspected wrongdoing, important legal considerations arise for organisations: it can lead to an internal investigation, the interest of regulatory authorities or litigation. A huge range of issues can arise in such situations and the rights of the whistleblower and available protections are key considerations. In addition, the approach and expectations of the authorities in the UK are changing, particularly with support being voiced for the idea of introducing financial rewards for whistleblowers.’

Full Story

Kingsley Napley Criminal Law Blog, 17th April 2024


CrossCountry Trains advert banned over ‘insufficient’ free food and drink claims – The Independent

Posted April 18th, 2024 in advertising, complaints, food, news, railways, standards by sally

‘An ad for CrossCountry Trains has been banned for over-promising on the availability of complimentary food and drink for passengers.’

Full Story

The Independent, 17th April 2024


Mohammed Abbkr sentenced for setting worshippers alight – BBC News

Posted April 18th, 2024 in attempted murder, hospital orders, mental health, news, sentencing by sally

‘A man who set two worshippers on fire as they left mosques has been sentenced to an indefinite hospital order.’

Full Story

BBC News, 17th April 2024