BAILII: recent Decisions
Court of Appeal (Civil Division)
Musst Holdings Ltd v Astra Asset Management UK Ltd & Anor [2023] EWCA Civ 128 (13 February 2023)
Revenue & Customs v Gray & Farrar International LLP [2023] EWCA Civ 121 (13 February 2023)
High Court (Administrative Court)
High Court (Chancery Division)
NGI Systems & Solutions Ltd v The Good Box Co Labs Ltd [2023] EWHC 274 (Ch) (14 February 2023)
Solicitors Regulation Authority Ltd v Khan & Ors [2023] EWHC 302 (Ch) (14 February 2023)
Harrington & Charles Trading Company Ltd & Ors v Mehta & Ors [2023] EWHC 307 (Ch) (14 February 2023)
Devon And Somerset Fire And Rescue Authority v Howell & Anor [2023] EWHC 257 (Ch) (13 February 2023)
Alnajjar & Anor v Majeed & Ors [2023] EWHC 315 (Ch) (10 February 2023)
High Court (Commercial Court)
Millbrook Healthcare Bidco Ltd v Croll & Ors [2023] EWHC 290 (Comm) (13 February 2023)
High Court (Family Division)
Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) (14 February 2023)
High Court (Patents Court)
Interdigital Technology Corporation & Ors v Lenovo Group Ltd [2023] EWHC 172 (Pat) (31 January 2023)
Source: www.bailii.org.uk
Tenant jailed for council housing fraud estimated to have cost local authority £200k – Local Government Lawyer
‘A tenant who fraudulently obtained council housing in Dudley by lying about the fact she owned a property has been jailed for 32 months.’
Local Government Lawyer, 13th February 2023
Source: www.localgovernmentlawyer.co.uk
Star Hobson: Inquest into murdered toddler’s death concludes – BBC News
‘A coroner has concluded inquest proceedings into the death of murdered toddler Star Hobson.’
BBC News, 13th February 2023
Source: www.bbc.co.uk
Case Comment: Barton and Ors v Morris and Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – UKSC Blog
‘In this post, Henry Powell (Associate) and Antoni Hajdon (Of Counsel) in the Real Estate Disputes team at CMS, comment on the case of Barton & Ors v Morris & Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – handed down on 25 January 2023.’
UKSC Blog, 13th February 2023
Source: ukscblog.com
Clear chances missed to identify Wayne Couzens as danger to women – The Guardian
‘Police missed clear chances to identify Wayne Couzens as a potential sex offender and a danger to women before he kidnapped and murdered Sarah Everard, it can finally be revealed.’
The Guardian, 13th February 2023
Source: www.theguardian.com
Striking a balance on student migration to the UK – EIN Blog
‘Net migration into the UK was 504,000 between June 2021 and June 2022, far higher than the previous record of 330,00. While the single biggest factor behind the rise in net migration was the new visas open to Ukrainians and BN(O) passport-holders from Hong Kong, it is the increase in the numbers coming to the UK on student visas that is the potential target of a government crackdown. Alan Manning argues that further research in this area is urgently needed.’
EIN Blog, 14th February 2023
Source: www.ein.org.uk
Insulate Britain activists found guilty over London roadblock – The Guardian
‘Three Insulate Britain activists have been found guilty of causing a public nuisance by a jury for a two-hour sit-down blockade of traffic.’
The Guardian, 13th February 2023
Source: www.theguardian.com
Ordination training and employment status: Grabe – Law & Religion UK
‘In Ms F Grabe v The United Reformed Church [2022] UKET 2204367/2012, Ms Grabe had been a candidate for the Ministry of Word and Sacrament in the URC between November 2008 and June 2012. The URC’s practice is that If a member of a local church wishes to discern a potential call to ministry, the local church refers the applicant to the regional Synod. If the Synod agrees, the candidate then attends an Assessment Conference made up of an Assessment Board and an interview with representatives of the Church’s Educational and Learning Committee, during which the candidate’s qualifications and general knowledge about the URC are ascertained and discussed. If the Assessment Board approves the candidate for ordination training the candidate and the Education and Learning Committee are so informed.’
Law & Religion UK, 13th February 2023
Source: lawandreligionuk.com
Court allows review of UK visa rejections for ex-BBC journalists in Afghanistan – The Guardian
‘Eight former BBC journalists who had their applications to relocate from Afghanistan to the UK rejected are expecting their cases to be reconsidered after they successfully challenged the rationale behind the refusals at the high court.’
The Guardian, 13th February 2023
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Good v Commissioners of HM Revenue and Customs [2023] EWCA Civ 114 (10 February 2023)
Tradition Financial Services Ltd v Bilta (UK) Ltd & Ors [2023] EWCA Civ 112 (10 February 2023)
Patel v Minerva Services Delaware, Inc & Ors [2023] EWCA Civ 118 (10 February 2023)
Vodafone Group Plc & Ors v IPCom GmbH & Co KG [2023] EWCA Civ 113 (10 February 2023)
Court of Appeal (Criminal Division)
Clough, R. v [2023] EWCA Crim 107 (09 February 2023)
High Court (Administrative Court)
Campbell v Court of Thrace (Greece) [2023] EWHC 267 (Admin) (10 February 2023)
Gisca v Prosecutor General of Trieste, Italy [2023] EWHC 241 (Admin) (10 February 2023)
Varga v Regional Court of Budapest, Hungary [2023] EWHC 253 (Admin) (09 February 2023)
Cherif v Government of Norway [2023] EWHC 213 (Admin) (09 February 2023)
BAA, R (On the Application Of) v Liverpool City Council [2023] EWHC 252 (Admin) (08 February 2023)
High Court (Chancery Division)
Tangle Inc v One for Fun Ltd & Ors [2023] EWHC 217 (Ch) (10 February 2023)
Marriott Worldwide Corporation v Delta Air Lines, Inc. [2023] EWHC 283 (Ch) (10 February 2023)
Libyan Investment Authority & Ors v King & Ors [2023] EWHC 265 (Ch) (10 February 2023)
High Court (Commercial Court)
Man & Anor v Hazelend LLP [2023] EWHC 221 (Comm) (10 February 2023)
Olympic Council of Asia v Novans Jets LLP & Ors [2023] EWHC 276 (Comm) (10 February 2023)
DC Bars Ltd & Anor v QIC Europe Ltd [2023] EWHC 245 (Comm) (09 February 2023)
Milsom & Anor v Smith & Anor [2023] EWHC 255 (Comm) (07 February 2023)
High Court (Family Division)
Coventry City Council v MK & Ors [2023] EWHC 249 (Fam) (09 February 2023)
High Court (King’s Bench Division)
Soriano v Forensic News LLC & Ors [2023] EWHC 262 (KB) (10 February 2023)
Aruchanga v Secretary of State for the Home Department [2023] EWHC 282 (KB) (10 February 2023)
Wilson v Mendelsohn & Ors [2023] EWHC 231 (KB) (09 February 2023)
High Court (Technology and Construction Court)
WRB (NI) Ltd v Henry Construction Projects Ltd [2023] EWHC 278 (TCC) (10 February 2023)
Source: www.bailii.org
Asylum support rate increased after Home Secretary’s unlawful failings – EIN Blog
‘On 16 December 2022, following a one-day trial heard in the High Court in Manchester, Fordham J. made an eyebrow-raising order including declarations that the Home Secretary had unlawfully failed to review the rate of asylum support payments under section 95 of the Immigration and Asylum Act 1999 (“IAA 1999”) and had failed to ensure the rate is adequate to meet the essential living needs of asylum seekers. Unbeknown to many, that state of affairs had been so since 14 September 2022. The Home Secretary would continue to be acting unlawfully unless and until she increased the rate, either by a policy decision or by amending the Asylum Support Regulations 2000.’
EIN Blog, 6th February 2023
Source: www.ein.org.uk
Without prejudice privilege – guidance from the Privy Council – Practical Law: Construction Blog
‘I advise many clients involved in construction projects who are on the cusp of a dispute. While they take legal advice on the merits of their position, my clients usually continue to seek to reach an amicable solution with their counterparty through direct negotiation as well as continuing to liaise on a day to day basis to get the job finished. In this context, my clients regularly ask, “Should my email be without prejudice?”. Although the law in this area is relatively settled, the question continues to throw up difficulties. I have been involved with several cases where one party has attempted to put material before a judge or adjudicator that the other side says is inadmissible because it was made without prejudice. The recent Privy Council case of A&A v Petroleum Co of Trinidad & Tobago sheds some light on this perennial problem.’
Practical Law: Construction Blog, 7th February 2023
Why an exceptional view might constitute a nuisance against your neighbours – Local Government Lawyer
‘Anjali Patel looks at the lessons to be learned from the Supreme Court’s ruling in the Tate Modern viewing platform dispute.’
Local Government Lawyer, 10th February 2023
Source: www.localgovernmentlawyer.co.uk
Highways: the ‘rule of thumb’ – Local Government Lawyer
‘In the first in a series of articles Jack Harding delves into some of the lesser-known authorities relating to the Highway Authority’s duty to maintain the highway under the Highways Act 1980.’
Local Government Lawyer, 10th February 2023
Source: www.localgovernmentlawyer.co.uk
Appeal rights exhausted care leavers and human rights assessments – Local Government Lawyer
‘A local authority recently conceded that Children Act 1989 duties take precedence over residual and discretionary Immigration Act 1999 powers. Amanda Weston KC and Maria Moodie explain why.’
Local Government Lawyer, 10th February 2023
Source: www.localgovernmentlawyer.co.uk
Self-employed consultant was employee of firm under Equality Act – Legal Futures
‘A self-employed consultant at a law firm fell within the definition of an employee for the purposes of claims under the Equality Act 2010, an employment tribunal has ruled.’
Legal Futures, 13th February 2023
Source: www.legalfutures.co.uk
