BAILII: Recent Decisions

Posted May 13th, 2024 in law reports by tracey

Supreme Court

Sharp Corp Ltd v Viterra BV [2024] UKSC 14 (08 May 2024)

Argentum Exploration Ltd v Republic of South Africa [2024] UKSC 16 (08 May 2024)

Court of Appeal (Civil Division)

D, Re (Children: Interim Care Order: Hair Strand Testing) [2024] EWCA Civ 498 (10 May 2024)

Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507 (10 May 2024)

Shamsan v 44-49 Lowndes Square Management Company Ltd [2024] EWCA Civ 436 (09 May 2024)

Beech Developments (Manchester) Ltd & Ors v Commissioners for His Majesty’s Revenue and Customs [2024] EWCA Civ 486 (09 May 2024)

Technip Saudi Arabia Ltd v The Mediterranean & Gulf Insurance and Reinsurance Co. [2024] EWCA Civ 481 (09 May 2024)

Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] EWCA Civ 477 (08 May 2024)

Court of Appeal (Criminal Division)

Ng & Anor, R. v [2024] EWCA Crim 493 (09 May 2024)

Grey, R. v [2024] EWCA Crim 487 (08 May 2024)

High Court (Administrative Court)

Cascioli v Nursing and Midwifery Council [2024] EWHC 1109 (Admin) (10 May 2024)

Koceku v Republic of Albania [2024] EWHC 1028 (Admin) (10 May 2024)

Escobar v Secretary of State for the Home Department [2024] EWHC 1097 (Admin) (10 May 2024)

Garmson, R (On the Application Of) v Parole Board for England and Wales [2024] EWHC 1106 (Admin) (09 May 2024)

Daya v Crown Prosecution Service [2024] EWHC 1091 (Admin) (08 May 2024)

Cambrian Offshore South West Ltd, R (On the Application Of) v Norfolk County Council [2024] EWHC 1042 (Admin) (07 May 2024)

Taytime Ltd v Secretary of State for Levelling Up, Housing And Communities & Ors [2024] EWHC 1053 (Admin) (07 May 2024)

Wesson, Chair of Friends of Mill Road Bridge v Cambridgeshire County Council [2024] EWHC 1068 (Admin) (07 May 2024)

High Court (Chancery Division)

Dryden v Young & Ors [2024] EWHC 1095 (Ch) (10 May 2024)

Secretary of State for Business and Trade v Anderson (Re Paranoid Expedition Engineering Ltd – Insolvency Act 1986 – s.6 Company Directors Disqualification Act1986) [2024] EWHC 1090 (Ch) (10 May 2024)

Islam v Islam & Ors [2024] EWHC 1082 (Ch) (08 May 2024)

A Company, In Re [2024] EWHC 1070 (Ch) (08 May 2024)

Purkiss v Kennedy & Ors [2024] EWHC 1081 (Ch) (08 May 2024)

Blankstone Sington Ltd , Re [2024] EWHC 1111 (Ch) (07 May 2024)

High Court (Commercial Court)

Barclays Bank PLC v VEB.RF [2024] EWHC 1074 (Comm) (10 May 2024)

Premia Reinsurance Ltd & Anor v Amtrust International Insurance Ltd [2024] EWHC 1078 (Comm) (09 May 2024)

LLC EuroChem North-West 2 v Societe Generale SA & Ors [2024] EWHC 1084 (Comm) (08 May 2024)

Rajabieslami v Tariverdi & Ors [2024] EWHC 1030 (Comm) (08 May 2024)

Norman Hay PLC v Marsh Ltd [2024] EWHC 1039 (Comm) (08 May 2024)

Kerish International Motors Agency v Opel Automobile GmbH [2024] EWHC 1047 (Comm) (07 May 2024)

High Court (Family Division)

O v P & Anor [2024] EWHC 1077 (Fam) (08 May 2024)

A and B (children: expert’s reports), Re [2024] EWHC 1120 (Fam) (02 May 2024)

High Court (King’s Bench Division)

Mehmood v Mayor [2024] EWHC 1057 (KB) (08 May 2024)

Aslani v Sobierajska [2024] EWHC 1045 (KB) (03 May 2024)

High Court (Technology and Construction Court)

Laing O’Rourke Delivery Ltd v Sweett (UK) Ltd [2024] EWHC 1088 (TCC) (08 May 2024)


Decisions, decisions (and not automatic ones) – Ending the main housing duty – Nearly Legal

‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’

Full Story

Nearly Legal, 12th May 2024


Don’t dilly-dally on appeals, and mortgage lender paying service charges. – Nearly Legal

Posted May 13th, 2024 in appeals, housing, mortgages, news, repossession, service charges by tracey

‘Santander PLC v Harris (2024) EWHC 351 (KB). This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for £195,308.64 in mortgage arrears. The possession order was in December 2021 so Mr Harris was seeking an extension of time of some 14 months.’

Full Story

Nearly Legal, 12th May 2024


Jehovah’s Witnesses and blood products: Re J – Law & Religion UK

‘In J (Blood Transfusion: Older Child: Jehovah’s Witnesses), Re [2024] EWHC 1034 (Fam), J was a baptised Jehovah’s Witness aged 17 years 7 months who was awaiting abdominal surgery. As a Jehovah’s Witness, he did not consent to the use of blood products in the event of a significant uncontrolled intra-operative or post-operative bleed [1 & 2]. The Applicant, the University Hospitals Plymouth NHS Trust, applied to the court for a declaration that it would be lawful and in J’s best interests for him to receive blood products if required in the event of an emergency in the surgery.’

Full Story

Law & Religion UK, 10th May 2024


Fraud ‘reasonable procedures’ guidance will emphasise need for procedural assessment –

Posted May 13th, 2024 in company law, crime prevention, fraud, news by tracey

‘Businesses should carry out fraud risk assessments in line with the requirements of the Economic Crime and Corporate Transparency Act ahead of final UK government guidance concerning the “reasonable procedures” fraud prevention defence, an expert has said.’

Full Story, 10th May 2024


New UK AI patent guidance issued ahead of appeal hearing –

Posted May 13th, 2024 in appeals, artificial intelligence, intellectual property, news, patents by tracey

‘The UK’s Intellectual Property Office (IPO) has issued updated guidelines for examining patent applications relating to artificial intelligence (AI) inventions just days before the Court of Appeal in London is due to hear arguments in a case that triggered the release of the revised guidance.’

Full Story, 10th May 2024


Tom Hickman KC and Joe Tomlinson: What role did judicial review play during the pandemic? – UK Constitutional Law Association

Posted May 13th, 2024 in constitutional law, coronavirus, judicial review, news by tracey

‘In one of the most celebrated passages in legal history, Lord Atkin stated in Liversidge v Anderson [1942] AC 206 that whether in war or in peace, the laws speak in the same voice and that the judges, “stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.” During the COVID-19 pandemic, the country was on a war footing, although the enemy was a virus rather than a foreign state. The country was subject to the most severe restrictions on personal liberty in modern times, with people being confined to their homes, often for lengthy periods; families, partners, and friends separated; and schools, workplaces and places of worship closed. It provides a unique opportunity to examine how the system of judicial review responds to a prolonged crisis. This “stress test” of the judicial review system is revealing, not least by exposing the fact that it was the system rather than the judges, that had greatest impact in terms of revising and improving rules and decisions taken by governments.’

Full Story

UK Constitutional Law Association, 13th May 2024


Alternative ways to practise as a solicitor have had “modest impact” – Legal Futures

Posted May 13th, 2024 in law firms, news, solicitors, Solicitors Regulation Authority, statistics by tracey

‘The options for solicitors to offer services to the public as freelancers or from unregulated businesses have had a “modest impact on consumer choice”, research for the Solicitors Regulation Authority (SRA) has found.’

Full Story

Legal Futures, 13th May 2024


A seismic change in ethos and practice – Family Law

Posted May 13th, 2024 in dispute resolution, families, family courts, news by tracey

‘Caroline Bowden, a member of the Private Family Law Early Resolution Working Group which first examined what changes were needed, looks at the effect of the revised rules on everyone working in family law, both in and out of court.’

Full Story

Family Law, 10th May 2024


Speech by Mr Justice Nicklin: Transparency & Open Justice – Opportunities and challenges – Courts and Tribunals Judiciary

Posted May 13th, 2024 in courts, judges, judiciary, news by tracey

‘Speech by Mr Justice Nicklin: Transparency & Open Justice – Opportunities and challenges.’

Full Story

Courts and Tribunals Judiciary, 10th May 2024


Juror who researched law on child neglect gets suspended sentence – Law Society’s Gazette

‘A juror who researched the law on child neglect to hold her own amid “personality clashes” in the jury room has been spared prison.’

Full Story

Law Society's Gazette, 10th May 2024


Court of Appeal reverses stay of criminal trial over lack of counsel finding it ‘based on mistakes of fact’ – Law Society’s Gazette

‘A Court of Appeal judgment has given guidance to judges “facing difficulties arising out of non-attendance by trial counsel” after finding a district judge was wrong to stay proceedings over the lack of prosecuting counsel.’

Full Story

Law Society's Gazette, 13th May 2024


Neglect led to man’s death at mental health unit – BBC News

Posted May 13th, 2024 in coroners, hospitals, inquests, mental health, negligence, news, suicide by tracey

‘Neglect by a health board contributed to a man’s death at a hospital in north Wales, a coroner has concluded.’

Full Story

BBC News, 10th May 2024


Robbery mastermind behind Pc Sharon Beshenivsky’s murder jailed for life – The Independent

Posted May 13th, 2024 in firearms, imprisonment, murder, news, police, robbery, sentencing by tracey

‘The mastermind behind a bungled armed robbery that saw a police officer gunned down in the street has been jailed for life.’

Full Story

The Independent, 11th May 2024


‘We’re not allowed to bring our baby from Ukraine’: Refugees refused after sudden UK rule change – The Independent

‘A Ukrainian refugee couple who fled to the UK have been refused permission for their two-year-old daughter to join them after the government suddenly changed its sponsorship rules, The Independent can reveal.’

Full Story

The Independent, 12th May 2024


Child refugees using people smugglers to reach family in UK, report warns – The Guardian

‘Child refugees are using people smugglers to cross the Channel in small boats to reunite with parents and other close relatives because delays in government family reunion processes are leaving them stranded in danger, according to a report.’

Full Story

The Guardian, 13th May 2024