BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Cleveland Potash Ltd v Drummond & Ors [2024] EWHC 1292 (Ch) (28 May 2024)
High Court (Family Division)
Source: www.bailii.org.uk
Section 23 Care Act and a need for accommodation – Nearly Legal
‘Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540. This was an appeal from a judicial review of Ealing’s decision in May 2022 to end funding for Mr Campbell’s temporary bed and breakfast accommodation that had been provided by Social Services since 2016. Mr C had been placed in temporary accommodation in Ealing’s area by LB Hillingdon under Part VII Housing Act 1996. Hillingdon then apparently discharged duty. Ealing Social Services then took over funding the accommodation (and various subsequent temporary accommodation) on, they said, the basis that it was “exercising its statutory power under s.19(3) Care Act 2014 to provide care and support in the form of accommodation pending a needs assessment”.’
Nearly Legal, 28th May 2024
Source: nearlylegal.co.uk
UK’s landmark DMCC Bill becomes law – OUT-LAW.com
‘The highly anticipated Digital Markets, Competition and Consumers (DMCC) Bill was passed by the UK Parliament on 23 May, marking the most important changes to UK competition law and consumer law in years.’
OUT-LAW.com, 28th May 2024
Source: www.pinsentmasons.com
Se-shauna Wheatle and Roger Masterman: The Legal and Political Dimensions of Unwritten Constitutional Norms and Principles – UK Constitutional Law Association
‘Unwritten constitutional principles supply much of the foundation – or ‘hidden wiring’ – of the UK constitution. As Lord Reed has recently recognised, the constitution relies on numerous “understandings, generally tacit, about how power should be exercised”. Constitutional form and constitutional culture, working in combination, have produced a state in which even vital constitutional principles remain somewhat elusive; Lord Reed continues: “[b]ecause we have no written constitution, and court cases raising constitutional questions have until recently been few and far between, there has been relatively little by way of legal definition of constitutional principles.” Nonetheless, courts and political organs recognise the role of the rule of law, parliamentary sovereignty, and separation of powers as animating principles of the constitution.’
UK Constitutional Law Association, 29th May 2024
Source: ukconstitutionallaw.org
The new law on sexual harassment in the workplace – Local Government Lawyer
‘The Government has recently passed new legislation to prevent sexual harassment in the workplace. The Worker Protection (Amendment of Equality Act 2010) Act 2023 is due to come into force on 26 October 2024. Nicole Natur takes a closer look at the Act and how it will impact employers, as well as the steps that should be taken in order to prepare for the change.’
Local Government Lawyer, 28th May 2024
Source: www.localgovernmentlawyer.co.uk
The Courts and Mediation – a settled position? – Local Government Lawyer
‘Late last year, a Court of Appeal decision on alternative dispute resolution highlighted the significant role that mediation can play in successfully resolving disputes, write Sophie McCabe, Rachel Murray-Smith and Helen Arthur.’
Local Government Lawyer, 28th May 2024
Source: www.localgovernmentlawyer.co.uk
“All cases are unique, and very similar to others” [1] – Local Government Lawyer
‘Nigel Pitchford looks at the lessons for workplace resolution from a timely review of local authority cases before the Employment Appeal Tribunal.’
Local Government Lawyer, 28th May 2024
Source: www.localgovernmentlawyer.co.uk
Government “does not understand” impact of decade-old legal aid cuts – Legal Futures
‘The government does not understand how costs may have shifted to other areas of the justice system or public sector following cuts in legal aid spending, the House of Commons public accounts committee (PAC) has warned.’
Legal Futures, 29th May 2024
Source: www.legalfutures.co.uk
Standish – the Narrowing of ‘Matrimonialisation’ – Financial Remedies Journal
‘In L v L [2021] EWFC B83 His Honour Judge Booth (sitting as a judge of the High Court) stated at [26] he had been referred to the concept of “matrimonialisation” but it was “a word that I hope will not acquire common usage”. Although not a word in the Oxford English Dictionary, His Honour Judge Booth’s hope has not come to fruition. In Standish v Standish [2024] EWCA 567 Richard Todd KC (for the appellant wife) invited the court (at [71]) to “remove [the category of matrimonialised assets] from the lexicon of the law on financial remedies” and Timothy Bishop KC (for the respondent husband) suggested (at [93]) “the court might consider whether this concept merits being maintained at all”. However Moylan LJ (in a judgment with whom King and Phillips LJJs both agreed) stated at [161] the answer to “the question raised by both parties, namely whether the whole concept of matrimonialisation should no longer be applied”, was “it should continue to be applied”.’
Financial Remedies Journal, 28th May 2024
Source: financialremediesjournal.com
Semi-pro footballers jailed for £260m drug plot – BBC News
‘Six semi-professional footballers who formed a drugs gang to supply cocaine have been jailed.’
BBC News, 28th May 2024
Source: www.bbc.co.uk
Torquay brothers jailed for manslaughter – BBC News
‘Two brothers who attacked a man in a row over a designer bag have been jailed for manslaughter.’
BBC News, 28th May 2024
Source: www.bbc.co.uk
Martha’s Rule to be rolled out in hospitals – BBC News
‘A scheme has been launched following the death of a 13-year-old who was not admitted to intensive care despite concerns being raised by her family. NHS England has worked with the parents of Martha Mills, who died from sepsis , externalin 2021. An inquest, external said Martha could have survived had her care been better.’
BBC News, 28th May 2024
Source: www.bbc.co.uk
Pensioner fined for huge pile of scrap metal – BBC News
‘A pensioner has been fined thousands of pounds for illegally storing waste, including scrapped cars, at a site in Somerset.’
BBC News, 29th May 2024
Source: www.bbc.co.uk
Rebekah Vardy and Coleen Rooney’s ‘Wagatha Christie’ case returns to High Court – The Independent
‘Rebekah Vardy and Coleen Rooney have taken the “Wagatha Christie” case back to court for a further hearing over soaring costs.’
The Independent, 28th May 2024
Source: www.independent.co.uk
Angela Rayner cleared of criminal wrongdoing over sale of home – The Guardian
‘Angela Rayner has been cleared of criminal wrongdoing over claims she avoided tax on the sale of a home, with the Labour deputy leader criticising what she called the “desperate tactics” of Conservative MPs who urged police to investigate.’
The Guardian, 28th May 2024
Source: www.theguardian.com
Stalker jailed over repeatedly stabbing pregnant ex-girlfriend in street in Aberfan – The Independent
‘A knifeman who attacked his pregnant ex-girlfriend after she’d dropped her children off at school has been jailed for attempted murder.’
The Independent, 28th May 2024
Source: www.independent.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Shovlin v Site Civils and Surfacing Ltd & Anor [2024] EWCA Civ 585 (24 May 2024)
Sandoz AG & Ors v Bayer Intellectual Property GmbH & Ors [2024] EWCA Civ 562 (24 May 2024)
Boohene & Ors v The Royal Parks Ltd [2024] EWCA Civ 583 (24 May 2024)
Rhine Shipping DMCC v Vitol SA [2024] EWCA Civ 580 (23 May 2024)
Standish v Standish [2024] EWCA Civ 567 (23 May 2024)
Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 (23 May 2024)
A, Re (Covert Medication: Residence) [2024] EWCA Civ 572 (23 May 2024)
High Court (Administrative Court)
Tarbuc v Bunyan (List Officer) [2024] EWHC 897 (Admin) (24 May 2024)
Hegazey v Concepcion Espejel Jorquera (Spain) [2024] EWHC 1280 (Admin) (24 May 2024)
Dennis & Anor v Head Start Day Nursery Ltd & Anor [2024] EWHC 1248 (Admin) (23 May 2024)
Parkes, R (On the Application Of) v Dorset Council [2024] EWHC 1253 (Admin) (23 May 2024)
Dutta v General Medical Council [2024] EWHC 1217 (Admin) (23 May 2024)
Court (Chancery Division)
Wade & Anor v Singh & Ors [2024] EWHC 1203 (Ch) (24 May 2024)
High Court (Commercial Court)
Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2024] EWHC 1263 (Comm) (24 May 2024)
Gordiy v Dorofejeva & Anor [2024] EWHC 1273 (Comm) (24 May 2024)
High Court (Family Division)
N (A Child) (Ukraine: Art. 13 (b)) (No. 2), Re [2024] EWHC 1282 (Fam) (24 May 2024)
High Court (King’s Bench Division)
High Speed Two (HS2) Ltd & Anor v Persons Unknown & Ors [2024] EWHC 1277 (KB) (24 May 2024)
Vine v Barton (Re Preliminary Issues) [2024] EWHC 1268 (KB) (24 May 2024)
Unity Plus Healthcare Ltd v Clay & Ors (Re Preliminary Issues) [2024] EWHC 1278 (KB) (24 May 2024)
High Court (Technology and Construction Court)
Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC) (20 May 2024)
Source: www.bailii.org
Disposal of open space – Local Government Lawyer
‘The High Court has rejected a challenge to the lease by a London borough of part of a park to Tottenham Hotspur FC for a women’s and girls’ football academy. Matt Hutchings KC explains why.’
Local Government Lawyer, 24th May 2024
Source: www.localgovernmentlawyer.co.uk
Limitation in public contracts challenges – Local Government Lawyer
‘The High Court has handed down an important judgment, providing extensive guidance on the correct interpretation and application of a number of aspects of the rules governing limitation in respect of challenges to the award of public contracts under the Public Contracts Regulations 2015 (“the PCR”). Joseph Barrett KC examines the ruling.’
Local Government Lawyer, 24th May 2024
Source: www.localgovernmentlawyer.co.uk
