‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’
Falcon Chambers, 28th October 2024
Source: www.falcon-chambers.com
‘The independent review led by Keith Makin into the Church of England’s handling of allegations of serious abuse by the late John Smyth was published on 7 November 2024. The 253-page Review includes eight Key Recommendations [Review paragraph numbers in black] and twenty seven Specific Recommendations directed at particular concerns.’
Law & Religion UK, 14th November 2024
Source: lawandreligionuk.com
Supreme Court
SkyKick UK Ltd & Anor v Sky Ltd & Ors [2024] UKSC 36 (13 November 2024)
Fimbank Plc v KCH Shipping Co Ltd [2024] UKSC 38 (13 November 2024)
Court of Appeal (Civil Division)
T (Fresh Evidence on Appeal) [2024] EWCA Civ 1384 (12 November 2024)
High Court (Administrative Court)
White v Plymouth City Council [2024] EWHC 2854 (Admin) (13 November 2024)
Whitehead v Westminster Magistrates’ Court [2024] EWHC 2868 (Admin) (13 November 2024)
Lewis v The Bar Standards Board [2024] EWHC 2883 (Admin) (12 November 2024)
AB v Social Work England [2024] EWHC 2874 (Admin) (12 November 2024)
High Court (Family Division)
GH v H [2024] EWHC 2869 (Fam) (12 November 2024)
High Court (Patents Court)
Safestand Ltd v Weston Homes Plc & Ors [2024] EWHC 2807 (Pat) (07 November 2024)
High Court (King’s Bench Division)
Ali v Secretary of State for Justice [2024] EWHC 2829 (KB) (12 November 2024)
Source: www.bailii.org
‘Mental Capacity Report – November 2024’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
‘In the Practice and Procedure Report: costs and delay and capacity in cross-border cases.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
‘In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
‘In the Mental Health Matters Report: the Mental Health Bill is introduced.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
‘John-Paul Swoboda examines liability for omissions in the police negligence case of Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33.’
12 King’s Bench Walk, 6th November 2024
Source: www.12kbw.co.uk
‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’
Mental Capacity Law and Policy, 13th November 2024
‘Insolvency and Contribution Claims make uneasy companions in the professional liability sphere. The latest proof is the judgment of Master Brightwell on Monday this week in Riedweg v HCC International Insurance plc & Ors [2024] EWHC 2805. Helen Evans KC explains the challenge that emerged in that case – and how variations of it have manifested themselves elsewhere.’
4 New Square, 13th November 2024
Source: www.4newsquare.com
‘On 29 October 2024, the Court of Appeal handed down judgment in the case of ADP RPO UK Ltd v Haycocks. The decision addresses the principles governing the fairness of non-statutory redundancy consultations and is the first time that the Court of Appeal had confirmed that the ‘British Coal’ principles apply to an assessment of the fairness of a redundancy procedure.’
Blackstone Chambers, 30th October 2024
Source: www.blackstonechambers.com
‘Two women have been jailed for their part in a monkey torture ring and behaviour described by the judge as “depraved, sickening and wicked”.’
BBC News, 13th November 2024
Source: www.bbc.co.uk
‘A will written on the back of cardboard food packaging has been found to be valid by the high court, meaning a charity stands to inherit £180,000.’
The Guardian, 13th November 2024
Source: www.theguardian.com
‘Businesses must be specific about the goods and services they wish to obtain trade mark rights for when applying for those rights, if they want to avoid those applications being refused, according to a new ruling by the UK’s highest court.’
OUT-LAW.com, 13th November 2024
Source: www.pinsentmasons.com
‘With the blessing (or occasional curse) of a slightly unusual practice, litigating a mix of neurologically orientated trauma and clinical negligence claims whilst maintaining a complimentary practice in the Court of Protection, I have encountered lots of odd, interesting and unexpected mental capacity issues. Professional experience and reported cases suggest that identifying and successfully managing such issues can present particular challenges for the clinical negligence practitioner. This article is intended to signpost some of those issues, and provide an aid memoir and practical guide for when you next encounter one.’
Exchange Chambers, 9th October 2024
Source: www.exchangechambers.co.uk
‘In Nuernberg v Adderstone (216 Res) Limited, MAN/00CJ/BSC/2024/0001 the FTT expanded the circumstances where a landlord is required to give a “Landlord Deed of Certificate” to a tenant pursuant to the Building Safety (Leaseholder Protections) (England) Regulations 2022 (“the Leaseholder Protections Regulations”). As stated in the succinct judgment of Judge J Holbrook, a “single – but important – question of statutory interpretation” appears to have been resolved (for now).’
Falcon Chambers, 14th October 2024
Source: www.falcon-chambers.com
‘The concept of holding corporate entities accountable for their failure to prevent fraud has been debated for some time. We previously wrote in detail about the process which ultimately led to the introduction into law last autumn of a new corporate criminal offence. Section 199 of the Economic Crime and Corporate Transparency Act 2023 (ECCTA) sits alongside the UK’s existing laws on fraud and corruption and is intended to make it easier to hold organisations to account by creating an offence of failing to prevent fraud committed by employees, or other ‘associated persons’, which may benefit the organisation.’
Kingsley Napley Criminal Law Blog, 12th November 2024
Source: www.kingsleynapley.co.uk
‘Covert recordings are any recording made without the express knowledge and permission of the person recorded, whether by audio or video: Family Justice Council.’
Becket Chambers, 31st October 2024
Source: becket-chambers.co.uk
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