Drugs gang guilty of ammonia attack murder – BBC News
‘Four members of a drugs gang have been found guilty of murdering a man in an ammonia attack.’
BBC News, 13th June 2024
Source: www.bbc.co.uk
Had we but world enough and time, this coyness… could still be unlawful: pre-election sensitivity and the need to carry on – Landmark Chambers
‘The essence of public administration, good or otherwise, is the exercise of public power. Decision-makers who are vested with statutory and common law powers to be exercised strictly in the public interest must actually exercise those powers if they are to fulfil their roles. As to how those powers are exercised, in the United Kingdom’s constitutional arrangements, like most other contemporary representative democracies, elected politicians pursue policies which may become law through Parliament’s enactment of legislation or may be adopted by the Executive as policy to shape the exercise of statutory powers in practice.’
Landmark Chambers, 28th May 2024
Source: www.landmarkchambers.co.uk
Are We There Yet? The Fraud Strategy and the Independent Review of Disclosure and Fraud Offences – Mountford Chambers
‘The Independent Review into disclosure and fraud offences promised as part of the government’s May 2023 Fraud Strategy has now published its preliminary findings in the disclosure aspect of the investigation.’
Mountford Chambers, 29th May 2024
Source: www.mountfordchambers.com
First judgment in a judicial review claim concerning the Disguised Remuneration Repayment Scheme 2020 – Devereux Chambers
‘The High Court (Mrs Justice Dias) has handed down its first judgment concerning the Disguised Remuneration Repayment Scheme 2020 (DRRS), and in particular the proper interpretation of the requirement for “reasonable disclosure”. The Claimant, Sensor Solutions Ltd, challenged a decision of HMRC not to make payments to the Claimant under the DRRS.’
Devereux Chambers, 15th May 2024
Source: www.devereuxchambers.co.uk
New appeal decision on Consumer Rights Act 2015 – David Lascelles – Littleton Chambers
‘In Black Horse Limited v Andrew Curtis (Bristol CC, 21 February 2024), HHJ Railton heard an appeal in relation to a novel point under the Consumer Rights Act 2015 (the Act).’
Littleton Chambers, 23rd May 2024
Source: littletonchambers.com
Challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum fails – Landmark Chambers
‘The claimant (C) was a severely disabled young man who had never worked and was never going to. He sought to challenge Birmingham’s policy of recovering the maximum amount of the cost of his care even though a greater proportion of his income was recovered compared to an individual who required care but could work.’
Landmark Chambers, 10th May 2024
Source: www.landmarkchambers.co.uk
Alerter by William Hibbert & Thomas Samuels – A Warning: all that glisters is not gold – Henderson Chambers
‘In Stamp & Ors v Capital Home Loans Ltd & Ors [2024] EWHC 1092 (KB) Master Gidden has provided guidance on the proper approach to the growing problem of the potential conduct of litigation by unauthorised persons who, online and on social media. encourage unrepresented litigants to bring claims based on wholly misguided arguments, resulting in litigants having their claims struck out and incurring a liability in costs.’
Henderson Chambers, 16th May 2024
Source: www.hendersonchambers.co.uk
Easy as 1, 2, 3? Section 123 of the Building Safety Act and supporting Regulations create a power and a discretion to make remediation orders – Falcon Chambers
‘We know and are familiar with the mischiefs the BSA seeks to address. We now know too how the FTT is likely to approach applications for remediation orders under s.123.’
Falcon Chambers, 28th May 2024
Source: www.falcon-chambers.com
Norman Hay v Marsh – Henderson Chambers
‘In a brokers’ negligence claim, when is causation decided on the balance of probabilities and when is a loss of a chance analysis appropriate? Alice Nash considers this question in the light of a recent decision of Picken J in the context of a claim for failure to obtain insurance cover, where he said the loss of a chance approach should arguably prevail.’
Henderson Chambers, 14th May 2024
Source: www.hailshamchambers.com
Remediation orders – is the FTT being consistent? – Tanfield Chambers
‘This article examines whether the FTT’s recent decision in the Vista Tower case (CAM/26UH/HYI/2022/004, available on the FTT’s web-site) demonstrates a discernible pattern of decision-making following its first remediation order. The article will not comment on the terms of the order made in Vista Tower: that will be the subject of a later article. Instead, it will focus on the FTT’s approach to case management and whether its decision to make a remediation order was consistent with the reasoning in previous decisions. Obviously, consistency in approach, both in terms of case management and the final decision, will enable practitioners in this developing area of work to advise clients with greater certainty. In the absence of an appeal decision on remediation orders, consonance in first instance decisions will be welcome.’
Tanfield Chambers, 16th May 2024
Source: www.tanfieldchambers.co.uk
Risk and Harm: Remediation Orders Through the Lens of the Housing Health and Safety Rating System – Falcon Chambers
‘Prior to the coming into force of the Building Safety Act 2022 (“the BSA 2022”), local authorities already had the ability to take enforcement action in respect of residential premises where there was a hazard in relation to fire by virtue of Part I, Chapter I of the Housing Act 2004 (“the HA 2004”). Now, local authorities are among a class of interested persons who may apply for remediation orders under section 123 of the BSA 2022. What does a comparison of the two remedies say about how the First-Tier Tribunal should exercise their discretion in respect of remediation orders?’
Falcon Chambers, 13th May 2024
Source: www.falcon-chambers.com
Arbitration as an instrument of fraud: Contax v KFH – Gatehouse Chambers
‘Earlier this year, Butcher J handed down the judgment of the Commercial Court in the extraordinary case of Contax Partners Inc BVI v Kuwait Finance House and Ors [2024] EWHC 436 (Comm), ultimately putting to bed an attempt by fraudsters to purloin over £70 million from a banking group associated with the Kuwaiti sovereign wealth fund. What made this attempted fraud particularly noteworthy was that its central mechanism was an abuse of the processes of the court used to enforce arbitral awards.’
Gatehouse Chambers, 7th May 2024
Source: gatehouselaw.co.uk
Warranty Claims: notification provisions and contractual time limits – Guildhall Chambers
‘Clauses requiring written notice of a warranty or other claim to be given by a specified deadline are a common feature of share purchase and other sale agreements. Often they are followed by a requirement that any claim be commenced within a further specified period of the giving of any notice of claim.’
Guildhall Chambers, 23rd May 2024
Source: www.guildhallchambers.co.uk
High Court judge “compromised integrity” with CA application – Legal Futures
‘A High Court judge has been given a formal warning after it emerged that he had seen and commented on an independent assessment written for his application to join the Court of Appeal.’
Legal Futures, 13th June 2024
Source: www.legalfutures.co.uk
Allege and Fail to Prove Fundamental Dishonesty? A ‘Significant Risk’ You’ll Pay Indemnity Costs – Parklane Plowden Chambers
‘In this case, the claimants brought a claim arising from a RTA in May 2017.
Liability was in issue. The claimants alleged the defendant driver had driven his van into their car; whereas the defendant driver alleged that the claimant driver drove from a parked position into the side of his van. The defence pleaded that the claimants’ credibility and honesty would be challenged at trial.’
Parklane Plowden Chambers, 30th May 2024
Source: www.parklaneplowden.co.uk
BAILII: Recent Decisions
Supreme Court
George v Cannell & Anor [2024] UKSC 19 (12 June 2024)
Court of Appeal (Civil Division)
Palladian Partners LP & Ors v Republic of Argentina & Anor [2024] EWCA Civ 641 (12 June 2024)
High Court (Administrative Court)
Grigorie v Valcea Law Court (Romania) [2024] EWHC 1436 (Admin) (12 June 2024)
Andrysiewicz v Circuit Court In Lodz, Poland [2024] EWHC 1399 (Admin) (11 June 2024)
High Court (Chancery Division)
Triplark Ltd v Whale & Ors [2024] EWHC 1440 (Ch) (12 June 2024)
Tom v Candey & Ors (Re Candey Ltd and Companies Act 2006) [2024] EWHC 1398 (Ch) (12 June 2024)
Wright & Ors v Chappell & Ors [2024] EWHC 1417 (Ch) (11 June 2024)
Hyde & Ors v Todd [2024] EWHC 1423 (Ch) (11 June 2024)
High Court (Commercial Court)
Terna Energy Trading DOO v Revolut Ltd [2024] EWHC 1419 (Comm) (12 June 2024)
High Court (Family Division) Decisions
C, Re [2024] EWHC 1433 (Fam) (12 June 2024)
ZZ v AA [2024] EWHC 1411 (Fam) (06 June 2024)
High Court (Patents Court)
Biontech SE & Anor v Curevac SE [2024] EWHC 1408 (Pat) (07 June 2024)
Samsung Bioepis UK Ltd v Alexion Pharmaceuticals, Inc [2024] EWHC 1407 (Pat) (06 June 2024)
High Court (King’s Bench Division) Decisions
BRS v Gadd [2024] EWHC 1403 (KB) (11 June 2024)
Doughty v Kazmierski [2024] EWHC 1393 (KB) (10 June 2024)
Source: www.bailii.org
OAC’s case – the need to “wait and see” before attempting settlement – Exchange Chambers
‘This case was recently approved following a joint settlement meeting where the terms of settlement were that the Claimant (C), a protected party, was to be compensated by the payment of the lump sum of £4.5 million. The date of accident was in 2005. C met with her accident as the infant back seat passenger restrained in a child seat, when a car driven by her father was involved in a collision with a lorry. C’s father was severely brain injured in the accident. C at the time was only 15 months old, she was born in 2004, she is now 20 years old. Proceedings were issued in March 2013.’
Exchange Chambers, 31st May 2024
Source: www.exchangechambers.co.uk
Street trader wins appeal over conviction for trading without a licence – Local Government Lawyer
‘A man who sold goods in the streets of Birmingham did not break the law as he was protected under an 1871 act by being a pedlar, the High Court has found.’
Local Government Lawyer, 12th June 2024
Source: www.localgovernmentlawyer.co.uk
Jail for cyclist who caused serious footpath crash – BBC News
‘A cyclist who seriously injured a pedestrian after crashing into her “at great speed” on a footpath has been jailed for eight months.’
BBC News, 12th June 2024
Source: www.bbc.co.uk
