BAILII: Recent Decisions

Posted July 11th, 2024 in law reports by sally

Supreme Court

Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 (09 July 2024)

Court of Appeal (Civil Division)

Vasa v The Secretary of State for the Home Department [2024] EWCA Civ 777 (10 July 2024)

British Broadcasting Corporation v BBC Pension Trust Ltd & Anor [2024] EWCA Civ 767 (09 July 2024)

KVB Consultants Ltd & Ors v Jacob Hopkins McKenzie Ltd & Ors [2024] EWCA Civ 765 (09 July 2024)

Karim v General Medical Council [2024] EWCA Civ 770 (09 July 2024)

High Court (Administrative Court)

Bakai v District Court In Dunajska Streda (A Slovakian Judicial Authority) [2024] EWHC 1768 (Admin) (09 July 2024)

Director of Public Prosecutions v Ward [2024] EWHC 1763 (Admin) (09 July 2024)

Drzewiecki v Polish Judicial Authority [2024] EWHC 1756 (Admin) (08 July 2024)

Altemimi v General Medical Council [2024] EWHC 1731 (Admin) (05 July 2024)

Gurajena & Anor, R (on the application of) v London Borough of Newham [2024] EWHC 1745 (Admin) (05 July 2024)

High Court (Chancery Division)

Hellard & Ors v OJSC Rossiysky Kredit Bank & Ors [2024] EWHC 1783 (Ch) (10 July 2024)

Broom v Aguilar [2024] EWHC 1764 (Ch) (10 July 2024)

Little & Anor v Olympian Homes Ltd [2024] EWHC 1766 (Ch) (08 July 2024)

High Court (Family Division)

E v The Child and Family Agency of Ireland & Ors [2024] EWHC 1778 (Fam) (09 July 2024)

CB, Re [2024] EWHC 1779 (Fam) (09 July 2024)

High Court (King’s Bench Division)

Hammon & Ors v University College London (Rev1) [2024] EWHC 1744 (KB) (10 July 2024)

Connors, In the Matter Of (Re Review of Tariff) [2024] EWHC 1680 (KB) (09 July 2024)

University of Nottingham v Butterworth & Ors [2024] EWHC 1771 (KB) (09 July 2024)

Hughes v His Majesty’s Revenue and Customs & Anor [2024] EWHC 1765 (KB) (09 July 2024)

University of Birmingham v Persons Unknown & Anor [2024] EWHC 1770 (KB) (09 July 2024)

Fertre v Vale of White Horse District Council [2024] EWHC 1754 (KB) (08 July 2024)

Source: www.bailii.org

Workplace fatalities rise in the UK -OUT-LAW.com

Posted July 10th, 2024 in accidents, construction industry, health & safety, news, statistics by sally

‘Construction companies have been urged to review their health and safety policies after new data showed most workplace fatalities in the UK occur in the sector.’

Full Story

OUT-LAW.com, 9th July 2024

Source: www.pinsentmasons.com

EPC regulation – reform affecting commercial premises – Local Government Lawyer

Posted July 10th, 2024 in energy, landlord & tenant, leases, news by sally

‘Sarah Wertheim and Francesca Gallagher examine the impact of recent and upcoming changes in EPC legislation on commercial landlords.’

Full Story

Local Government Lawyer, 8th July 2024

Source: www.localgovernmentlawyer.co.uk

The WFH Debate: Changes to the Flexible Working Regime and lessons from the Wilson case – Local Government Lawyer

Posted July 10th, 2024 in coronavirus, employment tribunals, flexible working, news, regulations by sally

‘With the rules on Flexible Working having changed on 6 April 2024, the remote vs office-based working debate which has been the subject of several workplace disputes and tribunal claims since the Covid-19 pandemic shows no sign of abating. It is therefore important that employers are familiar with the changes having come into force to ensure compliance with any future requests, writes David Leach.’

Full Story

Local Government Lawyer, 8th July 2024

Source: www.localgovernmentlawyer.co.uk

Shared ownership, long leases and setting aside an order for possession – Local Government Lawyer

Posted July 10th, 2024 in leases, news, rent, repossession, setting aside by sally

‘Katherine Traynor analyses a recent ruling that considere important questions of wider implication for possession proceedings concerning shared ownership leases.’

Full Story

Local Government Lawyer, 9th July 2024

Source: www.localgovernmentlawyer.co.uk

What is a bill? Costs lawyers urge regime reform – Legal Futures

Posted July 10th, 2024 in costs, law firms, news, solicitors by sally

‘Two significant High Court rulings in which law firms’ billing arrangements did not achieve what they had intended, emphasise the need for reform of the legal framework around them, the Association of Costs Lawyers (ACL) has argued.’

Full Story

Legal Futures, 10th July 2024

Source: www.legalfutures.co.uk

£36k fine for law firm which let millions pass through client account – Legal Futures

Posted July 10th, 2024 in accounts, client accounts, fines, law firms, news by sally

‘A specialist sports law firm has been fined £36,000, and its COFA rebuked, for allowing its client account to be used as a banking facility.’

Full Story

Legal Futures, 10th July 2024

Source: www.legalfutures.co.uk

Trainee “bullied and unsupervised” in doing work of qualified lawyers – Legal Futures

Posted July 10th, 2024 in bullying, damages, employment tribunals, harassment, law firms, news, public interest, solicitors, unfair dismissal, whistleblowers by sally

‘A trainee solicitor fired for raising concerns about her lack of supervision and the poor service clients were receiving from her firm has been awarded damages of £36,000.’

Full Story

Legal Futures, 10th July 2024

Source: www.legalfutures.co.uk

Important Development in the Marinos/Munro Saga – Financial Remedies Journal

Posted July 10th, 2024 in brexit, divorce, domicile, EC law, news by sally

‘A more detailed explanation of the background to this issue can be found in a blog Prof David Hodson OBE KC(Hons) MCIArb and I wrote for the FRJ earlier this year, but in considerable summary the position is as follows.’

Full Story

Financial Remedies Journal, 8th July 2024

Source: financialremediesjournal.com

Law Commission launches consultation on Contempt of Court – Law Commission

Posted July 10th, 2024 in consultations, contempt of court, Law Commission, news by sally

‘Today, the Law Commission publishes a consultation paper reviewing the law on contempt of court.’

Full Story

Law Commission, 9th July 2024

Source: lawcom.gov.uk

In depth: Manchester Ship Canal and the right to sue over untreated sewage discharges – Law Society’s Gazette

Posted July 10th, 2024 in appeals, damages, negligence, news, sewerage, Supreme Court, waste, water, water companies by sally

‘The Supreme Court’s ruling that a canal owner can seek redress for unauthorised discharges of foul water by a sewage utility could open the floodgates to “thousands” of similar claims.’

Full Story

Law Society's Gazette, 9th July 2024

Source: www.lawgazette.co.uk

Court rejects ‘intrusive’ request in negligence claim – Law Society’s Gazette

Posted July 10th, 2024 in disclosure, law firms, negligence, news, solicitors, telecommunications by sally

‘An “intrusive” request for an Irwin Mitchell partner’s personal phone has been rejected by a judge in disclosure talks ahead of a negligence claim.’

Full Story

Law Society's Gazette, 9th July 2024

Source: www.lawgazette.co.uk

Rogue trader ordered to repay victims £56,000 – BBC News

Posted July 10th, 2024 in confiscation, fraud, imprisonment, news, proceeds of crime, sentencing by sally

‘A rogue trader who faked having a brain tumour to avoid justice has been ordered to pay his victims more than £56,000.’

Full Story

BBC News, 10th July 2024

Source: www.bbc.co.uk

Serial burglar jailed after high-value goods stolen – BBC News

Posted July 10th, 2024 in burglary, imprisonment, news, sentencing by sally

‘A man who stole thousands of pounds worth of items from student properties has been jailed.’

Full Story

BBC News, 10th July 2024

Source: www.bbc.co.uk

Woman jailed for dropping drugs into prisons via drone – BBC News

Posted July 10th, 2024 in aircraft, drug offences, drug trafficking, imprisonment, news, prisons, sentencing by sally

‘A woman has been jailed for her “pivotal role” in a gang that dropped more than £1m of drugs and contraband into UK prisons via drone.’

Full Story

BBC News, 9th July 2024

Source: www.bbc.co.uk

Man who slipped in puddle of Baileys on way to BA flight could get £4m – The Guardian

Posted July 10th, 2024 in accidents, airlines, compensation, news, personal injuries by sally

‘A passenger who suffered a traumatic brain injury after slipping in a puddle of Baileys while heading for a flight could receive up to £4m in compensation.’

Full Story

The Guardian, 8th July 2024

Source: www.theguardian.com

UK warned over treating child asylum seekers crossing Channel in small boats as adults – The Independent

Posted July 10th, 2024 in asylum, children, detention, government departments, human rights, immigration, international law, news, refugees, United Nations by sally

‘United Nations experts have warned Britain is at risk of breaching international law over allegations of child asylum seekers being placed in adult detention centres after crossing the Channel on small boats.’

Full Story

The Independent, 9th July 2024

Source: www.independent.co.uk

Man jailed over drunken 141mph crash that killed woman and baby – The Guardian

Posted July 10th, 2024 in children, drunk in charge, homicide, imprisonment, news, sentencing by sally

‘A man who was almost three times over the drink-driving limit and going at 141mph when he crashed into a car, killing a baby and the baby’s aunt, has been jailed for more than 17 years.’

Full Story

The Guardian, 9th July 2024

Source: www.theguardian.com

US blocks UK from holding court hearing in British territory Diego Garcia -The Guardian

Posted July 10th, 2024 in asylum, courts, detention, immigration, news, refugees by sally

‘The US government has blocked the UK from holding a court hearing in one of its own territories, it emerged on Tuesday.’

Full Story

The Guardian, 9th July 2024

Source: www.theguardian.com

Important Privy Council decision on standing in environmental cases – 39 Essex Chambers

Posted July 10th, 2024 in appeals, environmental protection, foreign jurisdictions, news, planning, Privy Council by sally

‘The UK privy Council has handed down an important judgement on standing in environmental cases in Eco-Sud v. Minister of Environment, Solid Waste and Climate Change [2024] UKPC 19.’

Full Story

39 Essex Chambers, 9th July 2024

Source: www.39essex.com