03/09/2024 – Current Awareness

BAILII: Recent Decisions

Posted September 3rd, 2024 in law reports by tracey

Court of Appeal (Civil Division)

M (A Child), In the Matter Of [2024] EWCA Civ 1000 (29 August 2024)

High Court (Administrative Court)

LM & Anor, R (On the Application Of) v An Academy Trust [2024] EWHC 2267 (Admin) (02 September 2024)

National Crime Agency v Hao & Ors [2024] EWHC 2240 (Admin) (30 August 2024)

George v Nursing and Midwifery Council [2024] EWHC 2244 (Admin) (30 August 2024)

Kopan v Regional Court in Czestochowa, Poland [2024] EWHC 2229 (Admin) (29 August 2024)

High Court (Chancery Division)

Commercial Law Practice Ltd & Anor v Atkinson Wheller Ltd [2024] EWHC 2195 (Ch) (30 August 2024)

Manolete Partners PLC v Freed & Ors (Re Just Recruit Group Ltd – Insolvency Act 1986) [2024] EWHC 2242 (Ch) (30 August 2024)

IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) (30 August 2024)

Matrix Receivables Ltd v Musst Holdings Ltd (Re Costs) [2024] EWHC 2245 (Ch) (30 August 2024)

Webb & Anor v Eversholt Rail Ltd & Anor (Re Eversholt Rail (365) Ltd – Insolvency Act 1986) [2024] EWHC 2217 (Ch) (29 August 2024

High Court (Family Division)

Elkndo v Elsyed (Committal: Sentence) [2024] EWHC 2230 (Fam) (29 August 2024)

T & O, Re (Appeal: Fair Hearings: Delegation of Judicial Functions) [2024] EWHC 2236 (Fam) (29 August 2024)

High Court (King’s Bench Division)

Smyth v British Airways Plc & Anor [2024] EWHC 2173 (KB) (02 September 2024)

Lindsay v O’Loughnane & Ors [2024] EWHC 2232 (KB) (28 August 2024)

Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB) (28 August 2024)

High Court (Technology and Construction Court)

Magnetic Shields Ltd v Vacuum And Atmosphere Services Ltd [2024] EWHC 2260 (TCC) (02 September 2024)

CNO Plant Hire Ltd v Caldwell Construction Ltd [2024] EWHC 2188 (TCC) (21 August 2024)

Source: www.bailii.org

UK insurance firms must ensure fair value of products following FCA review – OUT-LAW.com

Posted September 3rd, 2024 in consumer protection, financial regulation, financial services ombudsman, insurance, news by tracey

‘Manufacturers and distributors of non-investment insurance products may need to re-consider the efficacy of their product value assessments and ensure they are fully aware of their responsibilities to consumers following the findings of a UK Financial Conduct Authority (FCA) thematic review.’

OUT-LAW.com, 2nd September 2024

Source: www.pinsentmasons.com

Why health and safety at work law stands the test of time 50 years on – OUT-LAW.com

Posted September 3rd, 2024 in employment, health & safety, news by tracey

‘The Health and Safety at Work etc Act 1974 has now been in force for 50 years, but it continues to provide a globally-recognised framework for managing health and safety risk – even as that risk evolves with the operation of new technologies and ways of working.’

OUT-LAW.com, 2nd September 2024

Source: www.pinsentmasons.com

Coroner issues anaesthetic warning after death – BBC News

Posted September 3rd, 2024 in hospitals, inquests, medical treatment, news by tracey

‘A coroner has raised concerns about how local anaesthetic is administered after a woman was given too much during an operation and later died.’

BBC News, 3rd September 2024

Source: www.bbc.co.uk

Developer and director who ignored enforcement notice hit with more than £300k in fines and costs – Local Government Lawyer

Posted September 3rd, 2024 in construction industry, costs, enforcement notices, fines, news, planning by tracey

‘Developers who forged ahead with construction on a residential site despite receiving a temporary stop notice and an enforcement notice have been ordered to pay £120,000 in costs to South Hams District Council.’

Local Government Lawyer, 30th August 2024

Source: www.localgovernmentlawyer.co.uk

Charity watchdog issues first ever “official warning” to council for failing to properly manage 13 charities – Local Government Lawyer

Posted September 3rd, 2024 in charities, Charity Commission, local government, maladministration, news, trusts by tracey

‘The Charity Commission for England and Wales has issued Calderdale Council with an Official Warning of misconduct and/or mismanagement after it failed to comply with its duties as trustee of 13 charities.’

Local Government Lawyer, 2nd September 2024

Source: www.localgovernmentlawyer.co.uk

The NPPF and development within the setting of national landscapes – Local Government Lawyer

Posted September 3rd, 2024 in appeals, areas of outstanding natural beauty, judicial review, news, planning by tracey

‘Jack Parker looks at the outcome of a recent case on the effect of the National Planning Policy Framework in relation to development within the setting of a National Landscape.’

Local Government Lawyer, 30th August 2024

Source: www.localgovernmentlawyer.co.uk

Claim against law firm thrown out over LiP’s service failure – Legal Futures

Posted September 3rd, 2024 in electronic filing, law firms, litigants in person, negligence, news, service by tracey

‘The High Court did not “receive” a claim form that was not properly e-filed by a litigant in person (LiP) wanting to sue her former solicitors, the Court of Appeal has ruled.’

Legal Futures, 2nd September 2024

Source: www.legalfutures.co.uk

Appeal judges reject prisoner’s claim that lawyers failed him in court – Legal Futures

Posted September 3rd, 2024 in appeals, grievous bodily harm, legal representation, news, time limits by tracey

‘The Court of Appeal has rejected a prisoner’s claim that his lawyers “failed to represent him properly” after convictions for grievous bodily harm (GBH).’

Legal Futures, 3rd September 2024

Source: www.legalfutures.co.uk

Group flight claim thrown out as judge criticises financial motives – Law Society’s Gazette

Posted September 3rd, 2024 in airlines, class actions, delay, news by tracey

‘An attempt to bring a representative action worth £319m for delayed flights over six years has been thrown out by the High Court.’

Law Society's Gazette, 2nd September 2024

Source: www.lawgazette.co.uk

Absence of Authority? – Financial Remedies Journal

Posted September 3rd, 2024 in confidentiality, family courts, human rights, news, reporting restrictions, statutory interpretation by tracey

‘In G v S (Family Law Act 1996: Publicity) [2024] EWFC 231 (B) (6 June 2024) HHJ Reardon asked:

“What is the default position in terms of publication in a case where s 12 [of the Administration of Justice Act 1969] does not apply?”’

Financial Remedies Journal, 1st September 2024

Source: financialremediesjournal.com

Man jailed for running over pedestrian at 90mph – BBC News

Posted September 3rd, 2024 in dangerous driving, homicide, news, sentencing, Wales by tracey

‘A driver who hit and killed a pedestrian while travelling at nearly 90mph has been jailed for five years.’

BBC News, 2nd September 2024

Source: www.bbc.co.uk

Mother ‘devastated’ after rapist ex-partner given access to their daughter – The Guardian

Posted September 3rd, 2024 in contact orders, domestic violence, news, rape by tracey

‘A mother found to have been raped by her ex-partner was “devastated” after the family court permitted the convicted sex offender to have contact with their child.’

The Guardian, 31st August 2024

Source: www.theguardian.com

Firms fined thousands for employing illegal staff – BBC News

Posted September 3rd, 2024 in employment, enforcement, fines, immigration, news, penalties by tracey

‘Three Essex companies have been fined thousands of pounds by the Home Office for employing illegal workers.’

BBC News, 3rd September 2024

Source: www.bbc.co.uk

Lessons to be learned over Harry Dunn – government – BBC News

Posted September 3rd, 2024 in accidents, coroners, emergency services, news, paramedics, reports, road traffic by tracey

‘The government has said lessons will be “properly learnt” in the case of a teenage motorcyclist killed outside an airbase in a crash with an American driver.’

BBC News, 3rd September 2024

Source: www.bbc.co.uk

Ex-page three model Samantha Fox fined for threatening to knock out officer’s teeth – The Independent

Posted September 3rd, 2024 in airlines, drunk and disorderly, fines, harassment, news, sentencing, threatening behaviour by tracey

‘The former page three model Samantha Fox has been fined after threatening to knock out a police officer’s teeth while drunk during a brawl at Heathrow Airport last December.’

The Independent, 2nd September 2024

Source: www.independent.co.uk

Stockport nursery worker who mishandled and verbally abused children is jailed – The Guardian

Posted September 3rd, 2024 in child cruelty, child neglect, guilty pleas, news, sentencing by tracey

‘A nursery worker has been jailed for three years after she verbally abused four children in her care and threatened to kick one in the head.’

The Guardian, 2nd September 2024

Source: www.theguardian.com

Women fleeing rape face coercion and control by Home Office contractors – The Guardian

Posted September 3rd, 2024 in coercive & controlling behaviour, hotels, news, refugees, reports, voyeurism, women by tracey

‘Women who have fled rape, forced marriage and sexual exploitation are being subjected to coercion and control by Home Office contractors in hotels, according to new research.’

The Guardian, 3rd September 2024

Source: www.theguardian.com

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