BAILII: Recent Decisions
Court of Appeal (Civil Division)
SO, R (On the Application Of) v Thanet District Council (Re Costs) [2023] EWCA Civ 526 (16 May 2023)
Murphy & Anor v Revenue And Customs [2023] EWCA Civ 497 (15 May 2023)
Ras Al Khaimah Investment Authority v Azima & Ors [2023] EWCA Civ 507 (15 May 2023)
Court of Appeal (Criminal Division)
Thakoraka-Palmer, R. v [2023] EWCA Crim 491 (16 May 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Great Annual Savings Company Ltd, Re (Re Companies Act 2006) [2023] EWHC 1141 (Ch) (16 May 2023)
Sheffield City Council v Scotfield Group Ltd & Anor [2023] EWHC 990 (Ch) (15 May 2023)
Forster v Reynolds Porter Chamberlain LLP [2023] EWHC 1150 (Ch) (15 May 2023)
City Gardens Ltd v DOK82 Ltd [2023] EWHC 1149 (Ch) (15 May 2023)
High Court (Commercial Court)
VS MSN 36118 CAV Designated Activity Company v Spicejet Ltd [2023] EWHC 1146 (Comm) (15 May 2023)
Care Tree Invest 2 Ltd v Bell [2023] EWHC 1151 (Comm) (15 May 2023)
Mercedes-Benz Group AG & Anor v Continental Teves UK Ltd & Ors [2023] EWHC 1143 (Comm) (12 May 2023)
High Court (King’s Bench Division)
AB v XYZ [2023] EWHC 1162 (KB) (16 May 2023)
Source: www.bailii.org
The scope of vicarious liability – Law Society’s Gazette
‘The claimant was a member of the defendant’s church. She and her husband had formed a close friendship with an elder in the church. During a visit to the elder’s house in 1990, the elder raped the claimant while they were together in a room. She reported the crime to the police in 2014 and her assailant was convicted and imprisoned. She then brought a claim against the defendant alleging that it was vicariously liable for the elder’s attack on her. At first instance, the trial judge held that the defendant was vicariously liable and that decision was upheld by the Court of Appeal. The defendant then appealed to the Supreme Court.’
Law Society's Gazette, 12th May 2023
Source: www.lawgazette.co.uk
UK white supremacist jailed over racist podcasts – The Guardian
‘The white supremacist host of a podcast that made “vile” racist attacks in an attempt to stir up hatred, divide communities and spread fear has been jailed for two and a half years.’
The Guardian, 15th May 2023
Source: www.theguardian.com
Brexit: Government suffers defeats over Retained EU Law Bill – BBC News
‘The government has suffered defeats in the House of Lords over plans to scrap certain EU laws by the end of the year.’
BBC News, 15th May 2023
Source: www.bbc.co.uk
Company directors jailed after wall collapse killed five workers in Birmingham – The Guardian
‘Two company directors have been jailed for nine months after five workers died when a wall collapsed at a scrap metal recycling plant in Birmingham.’
The Guardian, 15th May 2023
Source: www.theguardian.com
Police barred from requesting rape victims’ medical and school records – Daily Telegraph
‘Police will be barred from asking for rape victims’ therapy, health, school or other personal records unless it is “absolutely necessary” under new laws to reverse plummeting conviction rates.’
Daily Telegraph, 16th May 2023
Source: www.telegraph.co.uk
Society warns on Finance Bill changes – Law Society’s Gazette
‘The Law Society today reminded private client solicitors that the Finance Bill is set to restrict charitable tax reliefs to UK charities only, with donations located in the EU and the European Economic Arena (EEA) no longer qualifying for UK charitable tax reliefs from April 2024. This will impact individuals who claim income tax or capital gains tax relief on donations to non-UK charities and those who expect inheritance tax exemption on lifetime gifts or on legacies to such organisations.’
Law Society's Gazette, 15th May 2023
Source: www.lawgazette.co.uk
Adverts claiming products are carbon neutral by using offsetting face UK ban – The Guardian
‘Adverts that claim products are carbon neutral using offsets are to be banned by the UK’s advertising watchdog unless companies can prove they really work, the Guardian can reveal, as Gucci becomes the latest company to struggle with a high-profile environmental commitment based on offsetting.’
The Guardian, 15th May 2023
Source: www.theguardian.com
Navigating the Reservoir of Retained EU Law after Brexit – Law Pod UK
‘This week the UK Government announced an important change to its Retained EU Law Bill, which has been going through Parliament. Now 600 EU-era laws are set be repealed by the end of 2023 – fewer than the whole “reservoir” of 1000+ initially targeted.’
Law Pod UK, 12th May 2023
Source: audioboom.com
Sunderland: brothers jailed over £2m Ehic scam – The Guardian
‘Two brothers have been jailed for defrauding £2m from “unsuspecting, ordinary, busy” people who were tricked into thinking they needed to pay for European health insurance cards (Ehics).’
The Guardian, 15th May 2023
Source: www.theguardian.com
Lord Sentamu: Former Archbishop of York told to step down from Church – BBC News
‘The former Archbishop of York has been forced to step down from his Church of England role after a review into how he handled a child sex abuse allegation.’
BBC News, 14th May 2023
Source: www.bbc.co.uk
Errol Graham: Chances missed to help man who starved to death – BBC News
‘Opportunities to help a man who starved to death were missed, a safeguarding review has found.’
BBC News, 14th May 2023
Source: www.bbc.co.uk
Former MP jailed over child abuse images – BBC News
‘A former Labour MP who shared child abuse material has been jailed.’
BBC News, 13th May 2023
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Laskowski, R. v [2023] EWCA Crim 494 (12 May 2023)
Shinn, R. v [2023] EWCA Crim 493 (12 May 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Blythe v Blythe [2023] EWHC 1085 (Ch) (12 May 2023)
Inhealth Pathology Ltd & Ors v Fox & Ors [2023] EWHC 1132 (Ch) (12 May 2023)
High Court (Commercial Court)
Watchstone Group PLC v PricewaterhouseCoopers LLP & Anor [2023] EWHC 1133 (Comm) (12 May 2023)
Emirates NBD Bank PJSC v Almakhawi & Anor [2023] EWHC 1113 (Comm) (12 May 2023)
High Court (Patents Court)
High Court (King’s Bench Division)
C Christo & Co Ltd v Christoforou & Anor [2023] EWHC 1094 (KB) (12 May 2023)
Haque & Anor v Faradhi & Ors [2023] EWHC 1135 (KB) (12 May 2023)
High Court (Technology and Construction Court)
Municipio De Mariana v BHP Group (UK) Ltd & Anor [2023] EWHC 1134 (TCC) (12 May 2023)
Source: www.bailii.org
Malicious falsehood in English law – OUT-LAW.com
‘The law of malicious falsehood aims to protect economic interests. Malicious falsehood claims are sometimes made in tandem with, or as an alternative to, defamation claims.’
OUT-LAW.com, 12th May 2023
Source: www.pinsentmasons.com
UK government plans major reforms to employment regulation – OUT-LAW.com
‘Proposals in a new policy paper published by the UK government could have a significant effect on employment regulation, according to legal experts.’
OUT-LAW.com, 12th May 2023
Source: www.pinsentmasons.com
New research examines the reasons behind Deprivation of Liberty applications and the complex needs of the children involved – Family Law
‘In recent years there has been a marked increase in the use of the inherent jurisdiction of the family court to deprive children of their liberty. In these cases, restrictions are placed on a child’s liberty beyond what would normally be expected for a child of the same age. This may include them being kept in a locked environment that they are not free to leave, being kept under continuous supervision, and being subject to restraint or medical treatment without consent. In response, the President of the Family Division launched a national Deprivation of Liberty (DoL) court at the Royal Courts of Justice, which is running for a pilot period of 12 months from July 2022.’
Family Law, 12th May 2023
Source: www.familylaw.co.uk
Court rejects £63m claim against PwC over Slater and Gordon deal – Law Society’s Gazette
‘A judge has dismissed a claim that national firm Slater and Gordon was passed confidential information which caused it to chop £63m off the price of an acquisition.’
Law Society's Gazette, 15th May 2023
Source: www.lawgazette.co.uk
