BAILII: Recent Decisions

Posted August 1st, 2024 in law reports by sally

Court of Appeal (Civil Division)

Hamilton v Barrow & Anor [2024] EWCA Civ 888 (31 July 2024)

PC, Re [2024] EWCA Civ 895 (31 July 2024)

Banca Generali SPA v Sovereign Credit Opportunities SA & Anor [2024] EWCA Civ 886 (31 July 2024)

Financial Conduct Authority v Seiler & Anor [2024] EWCA Civ 852 (30 July 2024)

High Court (Administrative Court)

Syed v Government of Switzerland & Anor [2024] EWHC 1959 (Admin) (31 July 2024)

Steyn, R (On the Application Of) v Office of Communications [2024] EWHC 2028 (Admin) (31 July 2024)

KT, R (On the Application Of) v University of Reading [2024] EWHC 2003 (Admin) (31 July 2024)

HM Senior Coroner for the County of the East Riding of Yorkshire And the City of Hull v HM Assistant Coroner for the County of the East Riding of Yorkshire And the City of Hull [2024] EWHC 2007 (Admin) (31 July 2024)

High Court (Chancery Division)

Barclays Bank Plc v Dylan & Ors [2024] EWHC 1994 (Ch) (31 July 2024)

Wells v Hornshaw & Ors [2024] EWHC 2019 (Ch) (31 July 2024)

Tonstate Group Ltd & Ors v Rosling King LLP [2024] EWHC 2005 (Ch) (31 July 2024)

High Court (Commercial Court)

FW Aviation (Holdings) 1 Ltd v Vietjet Aviation Joint Stock Company [2024] EWHC 1945 (Comm) (31 July 2024)

Global Steel Holdings Ltd v Prasan (PTC) Ltd [2024] EWHC 1968 (Comm) (31 July 2024)

IG Index Ltd v Tchenguiz [2024] EWHC 1880 (Comm) (31 July 2024)

J Robbins Capital Partners Ltd v Zamsort Ltd & Ors [2024] EWHC 1990 (Comm) (31 July 2024)

High Court (Family Division)

AA v ZZ (Rev1) [2024] EWHC 2008 (Fam) (31 July 2024)

A v K (Appeal: Fact Finding: PD12J) [2024] EWHC 1981 (Fam) (31 July 2024)

A v M & Ors [2024] EWHC 2020 (Fam) (31 July 2024)

High Court (Patents Court)

R2 Semiconductor, Inc v Intel Corporation (UK) Ltd & Anor [2024] EWHC 1974 (Pat) (31 July 2024)

High Court (King’s Bench Division)

Adams & Ors v Ministry of Defence [2024] EWHC 1966 (KB) (31 July 2024)

Graham v Fidelidade – Companhia De Seguros SA [2024] EWHC 2010 (KB) (31 July 2024)

Ansari v Commissioner of Police of the Metropolis & Ors [2024] EWHC 2006 (KB) (31 July 2024)

Hijazi v Yaxley-Lennon [2024] EWHC 1991 (KB) (30 July 2024)

High Court (Technology and Construction Court)

Bell Building Ltd v TClarke Contracting Ltd [2024] EWHC 1929 (TCC) (25 July 2024)

Source: www.bailii.org

Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten – Nearly Legal

‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’

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Nearly Legal, 28th July 2024

Source: nearlylegal.co.uk

England postpones decision on proposed non-party access to court documents rule – OUT-LAW.com

Posted August 1st, 2024 in civil procedure rules, consultations, costs, documents, news by sally

‘A highly anticipated decision by the Civil Procedure Rule Committee (CPRC) on non-party access to court documents in England and Wales has been postponed following a large volume of responses to a consultation on its proposed plans.’

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OUT-LAW.com, 31st July 2024

Source: www.pinsentmasons.com

Supreme Court confirms no tax deductions on costs associated with disposal of a business – OUT-LAW.com

Posted August 1st, 2024 in appeals, company law, corporation tax, news, Supreme Court, taxation by sally

‘Tax deductions were not available for professional fees incurred by an investment company once a decision to sell a business it held had been made, because they were expenses of a capital nature even though they are accepted to have been expenses of management, the UK’s highest court has ruled.’

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OUT-LAW.com, 31st July 2024

Source: www.pinsentmasons.com

Solicitors hit out at FCA over car finance mis-selling delay – Legal Futures

‘Solicitors representing clients with claims for mis-sold car finance have expressed frustration at the Financial Conduct Authority’s (FCA) delay in completing its work on the issue.’

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Legal Futures, 1st August 2024

Source: www.legalfutures.co.uk

The Automated Vehicles Bill has completed its passage through Parliament and received royal assent – Law Commission

‘In January 2022, the Law Commission published a joint report with the Scottish Law Commission with their recommendations for legal reform around automated vehicles and how they could safely and responsibly be introduced on GB roads and public places. The Automated Vehicles Bill was laid before Parliament and the Scottish Parliament. On Monday 20 May 2024, the Government announced the Automated Vehicles (AV) Act received royal assent. This is based on the joint recommendations made by the Law Commission of England and Wales and the Scottish Law Commission.’

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Law Commission, 31st July 2024

Source: lawcom.gov.uk

A View from The President’s Chambers: July 2024 – Courts & Tribunals Judiciary

Posted August 1st, 2024 in children, families, family courts, judges, news by sally

‘A View from The President’s Chambers: July 2024.’

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Courts & Tribunals Judiciary, 31st July 2024

Source: www.judiciary.uk

Judge lifts anonymity in family court judgment involving Premier League footballer – Law Society’s Gazette

‘A judge has taken the unusual step of publishing an unanonymised and unredacted family court judgment involving Premier League footballer and England vice-captain Kyle Walker – after concluding that to anonymise or redact the judgment would have opened the court to ridicule.’

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Law Society's Gazette, 31st July 2024

Source: www.lawgazette.co.uk

Man City fined £2m for delaying kick-offs 22 times – BBC News

Posted August 1st, 2024 in disciplinary procedures, fines, news by sally

‘Manchester City have been fined £2.09m for repeatedly coming out late for both the start of matches and after half-time.’

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BBC News, 31st July 2024

Source: www.bbc.co.uk

Family court judge rules on if twins exist – BBC News

‘A High Court judge has ruled that there is “some evidence” that at least one child was born in an exceptional family dispute between a separated couple. The ex-husband told the court that he believed his wife had been pregnant when they split up and that she had given birth to twin boys, who would now be three years old.’

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BBC News, 1st August 2024

Source: www.bbc.co.uk

UK police special enquiry team to examine role of Washington Post chief in email deletions -The Guardian

Posted August 1st, 2024 in electronic mail, evidence, interception, media, news, police, telecommunications by sally

‘A British police special enquiry team is examining allegations that Will Lewis, now the chief executive of the Washington Post, presided over the deliberate destruction of emails at Rupert Murdoch’s UK newspaper business when he worked for the company 13 years ago.’

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The Guardian , 31st July 2024

Source: www.theguardian.com

The (Shifting) Audience of Energy Law – King’s Law Journal

Posted July 31st, 2024 in climate change, energy, housing, news by sally

‘Energy is key to our climate goals, our economy and our everyday lives: from the electricity that is now powering your laptop, the stove that cooks your food, to the energy used by the factory that has produced your shoes. Energy prices in the UK rose dramatically between 2021 and 2023, increasing the strain on household-level and public costs.’

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King's Law Journal, 28th July 2024

Source: www.tandfonline.com

Court of Appeal expresses “cautious concern” for both parties and judges in commercial cases – Gatehouse Chambers

Posted July 31st, 2024 in agreements, chambers articles, licensing, news, trade marks, trade names by sally

‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’

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Gatehouse Chambers, 4th July 2024

Source: gatehouselaw.co.uk

Statutory homelessness (England): Causes and government policy – House of Commons Library

Posted July 31st, 2024 in budgets, homelessness, housing, news by sally

‘Outlines the main drivers of homelessness and summarises the UK Government’s approach to tackling homelessness in England, including stakeholder views and comment.’

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House of Commons Library, 30th July 2024

Source: commonslibrary.parliament.uk

How clean is your cash? – Mountford Chambers

‘Fatima Jama examines the Court of Appeal’s decision in R (World Uyghur Congress) v National Crime Agency [2024] EWCA Civ 715, and its implications.’

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Mountford Chambers, 16th July 2024

Source: www.mountfordchambers.com

Deposit orders: Addison Lee Limited v Afshar and others – Old Square Chambers

Posted July 31st, 2024 in chambers articles, deposits, employment tribunals, news by sally

‘In Addison Lee Limited v Afshar and others [2014] EAT 114, the Employment Appeal Tribunal (“EAT”) has given important guidance on the principles which govern the making of deposit orders under rule 39 of the Employment Tribunals Rules of Procedure and has considered the appropriateness of deposit orders in a case involving multiple claimants where some of the issues to be determined had been decided against the respondent in earlier proceedings involving different claimants.’

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Old Square Chambers, 18th July 2024

Source: oldsquare.co.uk

Court of Appeal expresses “cautious concern” for both parties and judges in commercial cases – Gatehouse Chambers

Posted July 31st, 2024 in agreements, chambers articles, licensing, news, trade marks, trade names by sally

‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’

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Gatehouse Chambers, 4th July 2024

Source: gatehouselaw.co.uk

A Paradigm Case for Non-court Dispute Resolution – Becket Chambers

‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’

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Becket Chambers, 23rd July 2024

Source: becket-chambers.co.uk

Constructive Knowledge of Neurodiversity – A Reminder of the Correct Test to be Applied – Parklane Plowden Chambers

‘The EAT handed down its judgment in the case of Godfrey v Natwest Markets plc [2024] EAT 81 on 24 May 2024.’

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Parklane Plowden Chambers, 27th June 2024

Source: www.parklaneplowden.co.uk

New methods of service a boon to landowners seeking interim injunctions against persons unknown – Gatehouse Chambers

Posted July 31st, 2024 in chambers articles, injunctions, news, service, telecommunications by sally

‘A recent landmark decision may allow novel and unusual methods of service in welcome news for landowners who seek to prevent trespassing by persons unknown.’

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Gatehouse Chambers, 15th July 2024

Source: gatehouselaw.co.uk