Day: 5 August 2024
BAILII: Recent Decisions
Court of Appeal (Civil Division)
N (A Child), Re (Care Order: Welfare Evaluation) [2024] EWCA Civ 938 (02 August 2024)
Signature Litigation LLP v Ivanishvili [2024] EWCA Civ 901 (01 August 2024)
High Court (Administrative Court)
High Court (Chancery Division)
Coulson v Paul [2024] EWHC 2021 (Ch) (02 August 2024)
Bond & Anor v Webster & Ors [2024] EWHC 1972 (Ch) (02 August 2024)
Rahman v Hassan & Ors (Re Consequential Matters) [2024] EWHC 2038 (Ch) (01 August 2024)
Gibbins v Tierney & Ors [2024] EWHC 2004 (Ch) (01 August 2024)
High Court (Commercial Court)
Gilbert & Anor v Broadoak Private Finance Ltd (Re Costs) [2024] EWHC 2046 (Comm) (01 August 2024)
LAX SA v JBC SA [2024] EWHC 2042 (Comm) (01 August 2024)
High Court (King’s Bench Division)
Sully & Ors v Mazur & Anor [2024] EWHC 1999 (KB) (02 August 2024)
Paisley v Linehan (Rev1) [2024] EWHC 1976 (KB) (01 August 2024)
Literacy Capital PLC v Webb [2024] EWHC 2026 (KB) (31 July 2024)
High Court (Technology and Construction Court)
Source: www.bailii.org
Housing Need Assessments and Suitability – Getting it wrong. Again – Nearly Legal
‘UO v London Borough of Redbridge (2024) EWHC 1989 (Admin). We first saw UO and Redbridge in this judicial review of an unlawful housing needs assessment (HNA) and suitability decision. That decision was, to say the least, scathing about Redbridge’s decision making. So it is perhaps a surprise to see a further judicial review of Redbridge’s further HNA(s) and a suitability decision as to out of borough accommodation, not least because this judicial review decision includes judicial comment on Redbridge failing to take account of the evidence and findings in the previous JR. But that is what this is.’
Nearly Legal, 4th August 2024
Source: nearlylegal.co.uk
Universities must improve harassment protections ahead of OfS regulation – OUT-LAW.com
‘Higher education institutions across England will face a range of significant sanctions if they fail to comply with new harassment and sexual misconduct protection requirements set by the Office for Students (OfS).’
OUT-LAW.com, 2nd August 2024
Source: www.pinsentmasons.com
Upper Tribunal allows appeal as it could not be inferred First TierTribunal had considered child’s view about appropriateness of local authority’s preferred school – Local Government Lawyer
‘The Upper Tribunal has allowed an appeal made by the parents of a 7-year-old boy with autism, finding that a decision by the First-tier tribunal did not take the child’s negative feelings about the local authority preferred school into account, which was an error of law.’
Local Government Lawyer, 2nd August 2024
Source: www.localgovernmentlawyer.co.uk
CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer
‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’
Local Government Lawyer, 2nd August 2024
Source: www.localgovernmentlawyer.co.uk
AI will have bigger impact on law than the internet, says thinktank – Legal Futures
‘Artificial intelligence (AI) will have a greater impact on legal services than the internet revolution, a roundtable sponsored by the Solicitors Regulation Authority (SRA) has predicted.’
Legal Futures, 5th August 2024
Source: www.legalfutures.co.uk
High Court refuses time extension to serve claim on law firm – Legal Futures
‘The High Court has refused a time extension to claimants to serve a professional negligence claim on a law firm over the restructuring of a trust.’
Legal Futures, 5th August 2024
Source: www.legalfutures.co.uk
Victims’ Commissioner report “45% of stalking victims in London withdraw from the justice process” – Family Law
‘The Victims’ Commissioner has welcomed a new review by the London Victims’ Commissioner, which finds that the criminal justice system is failing victims of stalking.’
Family Law, 2nd August 2024
Source: www.familylaw.co.uk
Former National Crime Agency officer jailed over indecent images of children – Crown Prosecution Service
‘A former National Crime Agency (NCA) officer who used his work device to access, view and download indecent images of children, and child sexual abuse material, has today been jailed.’
Crown Prosecution Service, 2nd August 2024
Source: www.cps.gov.uk
‘In contemplation of death’ case goes to appeal – Law Society’s Gazette
‘Members of a family who lost out on a £2.8m inheritance after a relative left his estate to a friend by using a doctrine of Roman law have won permission to appeal over a potential “precedent of importance”.’
Law Society's Gazette, 5th August 2024
Source: www.lawgazette.co.uk
Man still in jail 20 years after laptop robbery – BBC News
‘A prisoner who has served almost five times his original sentence for a laptop robbery still has no prospect of being released.’
BBC News, 3rd August 2024
Source: www.bbc.co.uk
Number of prisoners released into homelessness rises by a third in a year, despite new government scheme – The Independent
‘The number of people released from prison into homelessness has risen 30 per cent in a year despite a major new scheme to house departing offenders, The Independent can reveal.’
The Independent, 4th August 2024
Source: www.independent.co.uk
Challenges to deprivation of liberty orders in England soar by a third – The Guardian
‘Growing numbers of vulnerable people receiving care are challenging deprivation of liberty (Dol) orders that can mean they are locked up or kept under restrictive supervision.’
The Guardian, 4th August 2024
Source: www.theguardian.com
Teachers’ regulator in England investigated after claims it has left teachers in distress – The Guardian
‘The organisation responsible for regulating teachers in England is being investigated by the Department for Education after allegations of misconduct by staff, and teachers left in distress after lengthy inquiries.’
The Guardian, 3rd August 2024
Source: www.theguardian.com