AI and Climate Change – 39 Essex Chambers

‘In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.’

Full Story

39 Essex Chambers, 19th April 2024


Not at home alone, but intending to return – Nearly Legal

Posted April 29th, 2024 in housing, landlord & tenant, local government, London, news, right to buy by tracey

‘Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch). An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal home.’

Full Story

Nearly Legal, 28th April 2024


JCT D&B contract 2024 clarifies treatment of liquidated damages at termination –

Posted April 29th, 2024 in construction industry, contracts, damages, delay, news by tracey

‘The recently published update by the Joint Contracts Tribunal (JCT) clarifies treatment of liquidated damages at termination and brings the new design and build form in line with other contract types used within the UK construction sector, an expert has said.’

Full Story, 26th April 2024


Anti-suit injunction issued by English court to halt Russian proceedings –

Posted April 29th, 2024 in appeals, injunctions, jurisdiction, news, Russia, sanctions, Supreme Court, Ukraine, war by tracey

‘A ruling requiring a Gazprom entity, RusChemAlliance (RCA), to bring an end to litigation proceedings in Russia was upheld by the UK Supreme Court on Tuesday, in a complex case that has raised questions relating to the jurisdiction of courts and the interpretation of arbitration agreements.’

Full Story, 23rd April 2024


Government backs amendment to better protect victims’ counselling records – Ministry of Justice

‘New legislation will provide extra protections for victims’ counselling notes during criminal investigations.’

Full Story

Ministry of Justice, 23rd April 2024


Investigatory powers enhanced to keep people safer – Home Office

Posted April 29th, 2024 in government departments, investigatory powers, news, police by tracey

‘New laws to protect our citizens from threats such as terrorism and child sexual abuse have been passed as part of an update to the Investigatory Powers Act 2016.’

Full Story

Home Office, 25th April 2024


Court shows mercy on application three minutes before deadline – Law Society’s Gazette

Posted April 29th, 2024 in news, time limits by tracey

‘A litigant has been allowed an extension by the High Court after applying for it three minutes before the court deadline.’

Full Story

Law Society's Gazette, 26th April 2024


Former administrators have standing to apply for additional remuneration but application dismissed (Frost and another v The Good Box Co Labs Limited and others) – Gatehouse Chambers

‘Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding that they had standing to bring the application itself.’

Full Story

Gatehouse Chambers, 19th April 2024


New Acts –

Posted April 29th, 2024 in asylum, deportation, immigration, legislation, Rwanda, taxis by tracey

2024 c. 8 – Safety of Rwanda (Asylum and Immigration) Act 2024

2024 c. 7 – Pedicabs (London) Act 2024


Everton’s Appeal Provides Sanction Guidance – 3 Hare Court

‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’

Full Story

3 Hare Court. 11th March 2024


Recent Statutory Instruments –

Posted April 29th, 2024 in legislation by tracey

SI 2024/559 – The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2024

SI 2024/558 – The Exotic Disease (Amendment) (England) Order 2024

SI 2024/557 – The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024

SI 2024/556 – The Independent Commission for Reconciliation and Information Recovery (Biometric Material) Regulations 2024

SI 2024/555 – The Mutual Societies (Transfers of Business) (Tax) (Amendment) Regulations 2024

SI 2024/562 – The Armed Forces Act 2016 (Commencement No. 4) Regulations 2024

SI 2024/553 – The Charitable Incorporated Organisations (Notification Requirements: Social Housing) (Amendment) Regulations 2024

SI 2024/569 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2024

SI 2024/568 – The Judicial Review and Courts Act 2022 (Commencement No. 6) Regulations 2024

SI 2024/566 – The Higher Education (Freedom of Speech) Act 2023 (Commencement No. 2) Regulations 2024

SI 2024/563 – The Customs (Tariff and Miscellaneous Amendments) (No. 2) Regulations 2024


Insight and ‘conduct fundamentally incompatible with continued registration’: PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin) – 2 Hare Court

‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’

Full Story

2 Hare Court, 5th April 2024


BAILII: Recent Decisions

Posted April 29th, 2024 in law reports by tracey

Supreme Court

AM (Belarus), R. (On the Application Of) v Secretary of State for the Home Department [2024] UKSC 13 (24 April 2024)

Court of Appeal (Civil Division)

Mitchell & Anor v Al Jaber [2024] EWCA Civ 423 (26 April 2024)

W (A Child), In the Matter Of (Inflicted Injury – Delay) [2024] EWCA Civ 418 (26 April 2024)

P and E (Care Proceedings: Whether to Hold Fact-Finding Hearing) [2024] EWCA Civ 403 (26 April 2024)

Sherman & Anor v Reader Offers Ltd [2024] EWCA Civ 412 (26 April 2024)

Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024)

Strack On Behalf of the Woodcock Hill Village Green Committee, R (On the Application Of) v Laing Homes Ltd (t/a Taylor Wimpey) & Anor [2024] EWCA Civ 420 (25 April 2024)

Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405 (24 April 2024)#

Court of Appeal (Criminal Division)

AIB, R. v [2024] EWCA Crim 422 (26 April 2024)

Newman, R. v [2024] EWCA Crim 415 (18 April 2024)

High Court (Administrative Court)

DM, R (On the Application Of) v United Nations High Commissioner for Refugees [2024] EWHC 967 (Admin) (26 April 2024)

Daw & Ors, R (On the Application Of) v Stafforshire County Council [2024] EWHC 963 (Admin) (26 April 2024)

Dablewski v Regional Court in Lublin, Poland [2024] EWHC 957 (Admin) (25 April 2024)

Duff, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 917 (Admin) (25 April 2024)

Valencia Waste Management Ltd, R (On the Application Of) v Environment Agency [2024] EWHC 939 (Admin) (24 April 2024)

High Court (Chancery Division)

Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 975 (Ch) (26 April 2024)

Transwaste Recycling And Aggregates Ltd, Re [2024] EWHC 970 (Ch) (26 April 2024)

West v Churchill & Anor [2024] EWHC 940 (Ch) (26 April 2024)

Walker v Somboonsarn [2024] EWHC 919 (Ch) (26 April 2024)

High Court (Commercial Court)

Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm) (26 April 2024)

Upham & Ors v HSBC UK Bank PLC (Rev1) [2024] EWHC 849 (Comm) (26 April 2024)

High Court (Family Division)

EBK v DLO (Permission for Further Contempt Application) [2024] EWHC 984 (Fam) (26 April 2024)

NR (A Child: Withdrawal of Life Sustaining Treatment), Re [2024] EWHC 910 (Fam) (23 April 2024)

High Court (Patents Court)

Advanced Cell Diagnostics, Inc v Molecular Instruments, Inc [2024] EWHC 898 (Pat) (23 April 2024)

High Court (King’s Bench Division)

Rofail v Hassanin [2024] EWHC 964 (KB) (25 April 2024)

Blake & Anor v Fox [2024] EWHC 956 (KB) (25 April 2024)

Hale-Byrne v Secretary of State for Business And Trade & Anor [2024] EWHC 942 (KB) (24 April 2024)

High Court (Technology and Construction Court)

Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC) (25 April 2024)

Lloyds Developments Ltd v Accor HotelServices UK Ltd [2024] EWHC 941 (TCC) (24 April 2024)


Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers

Posted April 29th, 2024 in banking, chambers articles, land registration, mortgages, news by sally

‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’

Full Story

Gatehouse Chambers, 22nd April 2024


Reading terror stabbings ‘probably avoidable’, inquest concludes – The Independent

‘A coroner has ruled the deaths of three people in the Reading terror attack were ”probably avoidable” as he delivered his conclusion following an inquest at the Old Bailey on Friday.’

Full Story

The Independent, 27th April 2024


Edith Thompson: CCRC told to revisit hanged woman’s pardon case – BBC News

‘A panel has been told to re-examine the case of a woman hanged for the murder of her husband, two months after it rejected a bid for her to be pardoned.’

Full Story

BBC News, 27th April 2024


Smart gadgets: Tougher rules for sellers of internet-enabled devices in the UK – BBC News

Posted April 29th, 2024 in computer crime, computer programs, data protection, internet, news by tracey

‘Manufacturers will have to follow stricter rules if they want to sell “smart” gadgets in the UK after a new law came into effect.’

Full Story

BBC News, 29th April 2024


Police say threatening and insulting text messages don’t count as domestic abuse – The Independent

Posted April 29th, 2024 in domestic violence, government departments, news, police, telecommunications by tracey

‘The police are discounting threatening and insulting text messages as a form of domestic abuse with tens of thousands of incident records estimated to be missing. The Domestic Abuse Commissioner warned almost 17,600 domestic abuse crimes are missing from data released on Thursday due to the government overhauling the rules on how the police should record incidents.’

Full Story

The Independent, 26th April 2024


Woman raped by father wins payout as police finally admit mistakes in four-decade battle for justice – The Independent

‘A woman who was raped by her father has hit out at a catalogue of misogynistic police failings during her four-decade-long fight for justice.’

Full Story

The Independent, 28th April 2024


Home Office to detain asylum seekers across UK in shock Rwanda operation – The Guardian

‘The Home Office will launch a major operation to detain asylum seekers across the UK on Monday, weeks earlier than expected, in preparation for their deportation to Rwanda, the Guardian can reveal.’

Full Story

The Guardian, 28th April 2024