Schrodinger’s Verdict – 25 Bedford Row
‘When can a jury be agreed and, at the same time, hung? This intriguing question is posed (and answered) by R (Yusuff) [2024] EWHC 692.’
25 Bedford Row, 28th March 2024
Source: www.25bedfordrow.com
A Tangled Web – What we can learn from the case of Willams-Henry v Associated British Ports Holdings Limited -12 King’s Bench Walk
‘The Judgment in the case of Kirsty Williams-Henry makes for very uncomfortable reading for everybody who deals with severe to catastrophic personal injury cases.’
12 King's Bench Walk, 12th April 2024
Source: 12kbw.co.uk
Court of Appeal upholds right to damages for imminent breaches of article 3 ECHR – 3PB
‘In a judgment with potentially wide implications for damages claims for breaches of fundamental human rights, the Court of Appeal in ASY & Others v Home Office [2024] EWCA Civ 373 has held that there is a right to damages for imminent breaches of article 3 of the ECHR (the absolute prohibition on torture and inhuman or degrading treatment).’
3PB, 18th April 2024
Source: www.3pb.co.uk
Legal academic awarded £30,000 over ‘toxic’ row with ex-colleague – Law Society’s Gazette
‘A law lecturer has been ordered to pay £22,500 to a former colleague after sharing confidential information that was later made public on social media.’
Law Society's Gazette, 23rd April 2024
Source: www.lawgazette.co.uk
Brazil Iron: UK court case launched over mining project in Bahia – BBC News
‘In a small community deep in the remote, lush mountains of Bahia, Brazil, Catarina Oliveira de Silva points down at what used to be a lake. “After the mine started extracting there, waste came down. It fell into the spring. It buried this entire lake. Three metres of silt and ore sludge.” Catarina says dust from this mine covered crops she owned, including coffee bushes and banana trees, until she could not produce them anymore. She and her husband had also taken out a loan in 2015 for a business where people could pay to go angling in the lake. “Our project went down the drain,” she says. Catarina and her family live in a traditional Quilombola community, descendants of Afro-Brazilian slaves whose rights to their land and way of life are protected under Brazilian law.
Now, their fight against a UK-owned mining company is set to move to a top court in London.’
BBC News, 24th April 2024
Source: www.bbc.co.uk
New family immigration visa rules ‘penalise couples’ – BBC News
‘There are fears that more people will be separated by the introduction of a minimum salary level for those wanting UK family visas.’
BBC News, 24th April 2024
Source: www.bbc.co.uk
Can AI image generators be policed to prevent explicit deepfakes of children? – The Guardian
‘As one of the largest “training” datasets has been found to contain child sexual abuse material, can bans on creating such imagery be feasible?’
The Guardian, 23rd April 2024
Source: www.theguardian.com
Council of Europe human rights watchdog condemns UK’s Rwanda bill – The Guardian
‘The Council of Europe’s human rights watchdog has condemned Rishi Sunak’s Rwanda scheme, saying it raises “major issues about the human rights of asylum seekers and the rule of law”.’
The Guardian, 23rd April 2024
Source: www.theguardian.com
What is a mistake of fact? – 2 Hare Court
‘Inclusion on the barred list(s) may be appealed to the Upper Tribunal if there has been a mistake of law or fact. But just what constitutes a mistake of fact has proved a thorny problem. In particular, to what extent may the Upper Tribunal simply disagree with the DBS’ factual finding and substitute its own judgment?’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Supponor Ltd & Anor v AIM Sport Development AG [2024] EWCA Civ 396 (23 April 2024)
High Court (Administrative Court)
Worcestershire County Council v Pain & Ors [2024] EWHC 913 (Admin) (23 April 2024)
High Court (Chancery Division)
Bourlakova & Ors v Bourlakov & Ors [2024] EWHC 929 (Ch) (23 April 2024)
Lorimer-Wing v Hashmi [2024] EWHC 931 (Ch) (23 April 2024)
Dilworth & Anor v Wosskow Brown Solicitors LLP & Ors [2024] EWHC 903 (Ch) (22 April 2024)
Hayel v Hayel & Ors [2024] EWHC 885 (Ch) (19 April 2024)
Sriram v Revenue & Customs & Anor [2024] EWHC 853 (Ch) (19 April 2024)
Various Claimants v News Group Newspapers Ltd [2024] EWHC 902 (Ch) (19 April 2024)
High Court (Commercial Court)
Onecom Group Ltd v Palmer [2024] EWHC 867 (Comm) (17 April 2024)
High Court (Family Division)
Hersman v De Verchere [2024] EWHC 905 (Fam) (19 April 2024)
High Court (King’s Bench Division)
Afan Valley Ltd & Ors v Lupton Fawcett (A Firm) & Ors [2024] EWHC 909 (KB) (23 April 2024)
Ludlow v Berkshire Healthcare NHS Foundation Trust [2024] EWHC 872 (KB) (22 April 2024)
HM Solicitor General v Warner [2024] EWHC 918 (KB) (22 April 2024)
Kuznetsov v Edwards Duthie Shamash (A Firm) & Ors [2024] EWHC 870 (KB) (19 April 2024)
Parsons v Atkinson [2024] EWHC 888 (KB) (19 April 2024)
High Court (Technology & Construction Court)
Peachside Ltd v Lee & Anor [2024] EWHC 921 (TCC) (23 April 2024)
ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) (18 April 2024)
Martell v Roszkowski & Ors [2024] EWHC 840 (TCC) (16 April 2024)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
SI 2024/550 – The Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2024
SI 2024/547 – The Official Controls (Fees and Charges) (Amendment) Regulations 2024
SI 2024/545 – The Trade Remedies (Amendment) Regulations 2024
SI 2024/544 – The International Tax Compliance (Amendment) Regulations 2024
SI 2024/541 – The Official Controls (Miscellaneous Amendments) Regulations 2024
SI 2024/540 – The Official Controls (Extension of Transitional Periods) (Amendment) Regulations 2024
SI 2024/538 – The Civil and Family Proceedings Fees (Amendment) Order 2024
SI 2024/537 – The Fair Dealing Obligations (Milk) Regulations 2024
SI 2024/535 – The Special Educational Needs and Disability (Amendment) Regulations 2024
Source: www.legislation.gov.uk
Armagh: Man’s convictions for murder of soldiers quashed – BBC News
‘A man jailed for life for the murder of four British soldiers nearly 50 years ago has had his convictions quashed by Northern Ireland’s Court of Appeal.’
BBC News, 22nd April 2024
Source: www.bbc.co.uk
CICA Awards and HRA Damages: is there double recovery? – UK Health Law Blog
‘The ratio of the decision in AXO v CICA [2024] EWCA Civ 226 is that in certain circumstances, there is overlap and double recovery of a CICA award and Convention damages for breach of the HRA, so that it is open to CICA to seek repayment from HRA damages of a CICA award.’
UK Health Law Blog, 15th March 2024
Source: www.ukhealthcarelawblog.co.uk
High Court concern over 10 law firms being sued in one action – Legal Futures
‘A High Court judge has used a case where 10 law firms are being sued to warn about “extreme attempts” to bring such claims in one action.’
Legal Futures, 22nd April 2024
Source: www.legalfutures.co.uk
Northampton teacher admits killing partner buried in garden – BBC News
‘A primary school teacher has admitted killing her partner whose tied-up body was found buried in the garden.’
BBC News, 20th April 2024
Source: www.bbc.co.uk
Residence, care, sex and marriage: an (unusual) successful appeal on capacity – Mental Capacity Law and Policy
‘Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in relation to capacity. At first instance, HHJ Burrows had found that ZZ had capacity make decisions about residence, sexual relations and marriage. The local authority appealed his conclusions, the appeal being opposed by ZZ through his litigation friend the Official Solicitor.’
Mental Capacity Law and Policy, 22nd April 2024
UK passes bill to send asylum seekers to Rwanda – The Guardian
‘Rishi Sunak’s Rwanda deportation bill will become law after peers eventually backed down on amending it, opening the way for legal battles over the potential removal of dozens of people seeking asylum.’
The Guardian, 22nd April 2024
Source: www.theguardian.com
Stalker who was ‘obsessed’ with her victims jailed – BBC News
‘A woman has been jailed for making the lives of a couple “a living hell”, after stalking, harassing and threatening to kill them.’
BBC News, 22nd April 2024
Source: www.bbc.co.uk
