11/11/2024 – Current Awareness

BAILII: Recent Decisions

Posted November 11th, 2024 in law reports by tracey

Court of Appeal (Criminal Division)

Cush & Ors v R. [2024] EWCA Crim 1382 (07 November 2024)

High Court (Administrative Court)

RWU, R (On the Application Of) v Governing Body of A Academy [2024] EWHC 2828 (Admin) (08 November 2024)

Budzichowska v Nursing and Midwifery Council [2024] EWHC 2835 (Admin) (08 November 2024)

Quirke, R (On the Application Of) v Chief Constable of Avon & Somerset Constabulary [2024] EWHC 2826 (Admin) (08 November 2024)

Payeworx Ltd, R (On the Application Of) v Commissioners for His Majesty’s Revenue and Customs [2024] EWHC 2842 (Admin) (08 November 2024)

Dost & Ors, R (On the Application Of) v Crown Court at Manchester & Anor [2024] EWHC 2799 (Admin) (08 November 2024)

Juchi v Nursing and Midwifery Council [2024] EWHC 2825 (Admin) (07 November 2024)

Naasani & Ors, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 2827 (Admin) (07 November 2024)

High Court (Chancery Division)

Raja & Anor v ATM Law & Ors [2024] EWHC 2782 (Ch) (08 November 2024)

Coastal Housing Group Ltd v Mitchell & Anor [2024] EWHC 2831 (Ch) (08 November 2024)

East Riding of Yorkshire Council as Administrating Authority of the East Riding Pension Fund v KMG SICAV-SIF-GB Strategic Land Fund [2024] EWHC 2845 (Ch) (08 November 2024)

Palmer & Anor v Sans (Re Insolvency Act 1986) [2024] EWHC 2685 (Ch) (08 November 2024)

Asertis Ltd & Anor v Melhuish & Ors [2024] EWHC 2819 (Ch) (07 November 2024)

Azhdari v Adjari [2024] EWHC 2824 (Ch) (06 November 2024)

High Court (Commercial Court)

O v C [2024] EWHC 2838 (Comm) (08 November 2024)

High Court (Family Division)

A & B, Re (Separate Representation) [2024] EWHC 2834 (Fam) (08 November 2024)

W & Anor v K & Anor [2024] EWHC 2849 (Fam) (08 November 2024)

KA & Anor v B [2024] EWHC 2855 (Fam) (07 November 2024)

High Court (King’s Bench Division)

FXS v The Mulberry Bush Organisation Ltd (Re Damages and Costs) [2024] EWHC 2844 (KB) (08 November 2024)

Cullen v Henniker-Major (Rev1) [2024] EWHC 2809 (KB) (07 November 2024)

Robertson v Cornwall Council [2024] EWHC 2830 (KB) (06 November 2024)

Source: www.bailii.org

Churchyard Regulations – “non-standard cases” – Law & Religion UK

Posted November 11th, 2024 in faculties, monuments, news, regulations, reports by tracey

‘The Report of the Ecclesiastical Judges Association Working Party into Churchyard Memorial Regulations (“the Report”), reviewed here and reproduced at the end of this post, included a consideration of how chancellors have dealt with petitions that do not comply with the criteria set by the diocesan Churchyard Regulations for the introduction of a memorial without a faculty.’

Law & Religion UK, 11th November 2024

Source: lawandreligionuk.com

Artificial intelligence taking growing role in legal sector – OUT-LAW.com

Posted November 11th, 2024 in artificial intelligence, legal profession, news, statistics by tracey

‘Despite artificial intelligence (AI) making significant inroads in the legal sector, with 82% of lawyers now using or planning to use the technology, it is clear that it is no substitute for human expertise.’

OUT-LAW.com, 8th November 2024

Source: www.pinsentmasons.com

Council worker who objected to pronouns policy ordered to pay £12k in costs after losing employment tribunal – Local Government Lawyer

Posted November 11th, 2024 in costs, employment, employment tribunals, equality, freedom of expression, gender, human rights, local government, news, statistics by tracey

‘A council worker who protested against his local authority employer’s pronouns policy has been ordered to pay £12,000 in costs after his claim of unfair dismissal was dismissed in the Employment Tribunal.’

Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Hopeless but not the same? – Local Government Lawyer

Posted November 11th, 2024 in housing, judicial review, local government, news, planning by tracey

‘The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.’

Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Delivery drivers and supply in the provision of late night refreshment – Local Government Lawyer

Posted November 11th, 2024 in food, licensing, local government, news by tracey

‘In a recent ruling a district judge has provided helpful clarity on the role of third party delivery drivers and the question of supply in the provision of late night refreshment under the Licensing Act 2003. Leo Charalambides and James Rankin examine the ruling.’

Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Law firm not negligent in advice to settle £2m claims – Legal Futures

Posted November 11th, 2024 in bankruptcy, causation, families, local government, negligence, news, trustees in bankruptcy by tracey

‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’

Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

Disabled paralegal’s £41k damages over unfair law firm dismissal – Legal Futures

Posted November 11th, 2024 in damages, disability discrimination, disabled persons, employment, employment tribunals, equality, law firms, news, paralegals, sex discrimination, unfair dismissal by tracey

‘A paralegal has been awarded £41,000 in damages against a law firm that unfairly dismissed and discriminated against her because she could not work full-time due to disability.’

Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court – Courts and Tribunals Judiciary

Posted November 11th, 2024 in child abuse, child cruelty, children, expert witnesses, families, family courts, judges, news, speeches by tracey

‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’

Courts and Tribunals Judiciary, 7th November 2024

Source: www.judiciary.uk

High Court throws out complaint over solicitor’s ‘settle’ advice – Law Society’s Gazette

Posted November 11th, 2024 in bankruptcy, law firms, negligence, news, solicitors, trustees in bankruptcy by tracey

‘A solicitor accused of negligence by clients who changed their minds over a mediation settlement in fact acted competently, the High Court has ruled in a long-running litigation over a businessman’s bankruptcy. Even if negligence had been shown, the failure to show it caused any loss would have been fatal to the claim, His Honour Judge Paul Matthews ruled in Sandra Blower v GH Canfields LLP.’

Law Society's Gazette, 8th November 2024

Source: www.lawgazette.co.uk

Wells Sharing: Commonplace or a Matter of Last Resort? – Financial Remedies Journal

Posted November 11th, 2024 in divorce, families, family courts, financial provision, news by tracey

‘The importance of the ‘clean break’ has been reemphasised in recent years with greater emphasis being placed on MCA 1973 s 25A (and s 28(1A)), particularly in the judgments of Mostyn J.’

Financial Remedies Journal, 8th November 2024

Source: financialremediesjournal.com

Former pupil restrained at school wins damages – BBC News

Posted November 11th, 2024 in damages, news, restraint, school children by tracey

‘A man found to have been repeatedly restrained and once detained for nearly five hours at his former school will receive £18,900 in damages.’

BBC news, 10th November 2024

Source: www.bbc.co.uk

Lynette White murderer release won’t be reviewed – BBC News

Posted November 11th, 2024 in Ministry of Justice, miscarriage of justice, murder, news, parole by tracey

‘The decision to release the man who brutally killed a young woman in a flat in Cardiff will not be reviewed, the Ministry of Justice has said. Jeffrey Gafoor, 59, is set to leave prison on parole after attempts to change the decision to release him failed.’

BBC News, 10th November 2024

Source: www.bbc.co.uk

Children taken away from parents due to misreporting of drug tests, say experts – The Guardian

Posted November 11th, 2024 in care orders, children, drug abuse, expert witnesses, families, local government, news, race discrimination by tracey

‘Children are at risk of being wrongly removed from their parents’ care by the family courts because drug tests are being misinterpreted, experts have warned.’

The Guardian, 9th November 2024

Source: www.theguardian.com

AI tool could influence Home Office immigration decisions, critics say – The Guardian

Posted November 11th, 2024 in artificial intelligence, asylum, enforcement, government departments, immigration, news by tracey

‘A Home Office artificial intelligence tool which proposes enforcement action against adult and child migrants could make it too easy for officials to rubberstamp automated life-changing decisions, campaigners have said.’

The Guardian, 11th November 2024

Source: www.theguardian.com

Great Britain ‘lags behind’ Europe on betting ad regulation, says gambling charity – The Guardian

Posted November 11th, 2024 in advertising, charities, children, gambling, government departments, news, statistics by tracey

‘Great Britain “lags behind” Europe on measures to restrict betting adverts, according to a report released days after official data showed a sharp increase in the number of children with a gambling problem.

The Guardian, 11th November 2024

Source: www.theguardian.com

Met Police refers itself to watchdog over Mohamed Al Fayed allegations – The Independent

Posted November 11th, 2024 in complaints, employment, news, ombudsmen, police, victims by tracey

‘Scotland Yard has referred itself to a police watchdog after two women complained about how their cases against Mohamed Al Fayed were handled.’

The Independent, 9th November 2024

Source: www.independent.co.uk

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