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
‘Birmingham Four’ ask CCRC to investigate convictions for terror plot – The Guardian
‘Four men were jailed for life in 2017 for planning terrorist attack in UK after elaborate undercover police operation.’
The Guardian, 22nd April 2024
Source: www.theguardian.com
Serious medical treatment – the importance of the public record – Mental Capacity Law and Policy
‘In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of judgments. This set a presumption, absent “compelling reasons,” for publication of judgments relating to a range of matters, either where the judgment already exists, or the judge has ordered that the judgment be transcribed. The guidance applied to all judgments in the Court of Protection delivered by the Senior Judge, nominated Circuit Judges and High Court Judges (in other words, not to judgments delivered by District Judges, who hear the majority of cases).’
Mental Capacity Law and Policy, 22nd April 2024
Court orders law firm and partners to repay loans from couple – Legal Futures
‘The High Court has ruled that a law firm and four of its former partners must repay money borrowed under loan agreements with a husband and his wife.’
Legal Futures, 23rd April 2024
Source: www.legalfutures.co.uk
Sex offender banned from using AI tools in landmark UK case – The Guardian
‘A sex offender convicted of making more than 1,000 indecent images of children has been banned from using any “AI creating tools” for the next five years in the first known case of its kind.’
The Guardian, 21st April 2024
Source: www.theguardian.com
Suspended sentence for struck-off solicitor who misused client funds – Legal Futures
‘A solicitor who used a client’s £132,000 divorce settlement to pay off her tax bill and give money to her daughter has been handed a suspended prison sentence.’
Legal Futures, 22nd April 2024
Source: www.legalfutures.co.uk
Weapons-obsessed man found guilty over explosion at his Bedfordshire home – The Guardian
‘A man whose obsession with weaponry once led him to ask to throw a grenade on the children’s television programme Jim’ll Fix It has been found guilty of causing an explosion in his home.’
The Guardian, 19th April 2024
Source: www.theguardian.com
Part 2 – A review of hate crime by Olivia Chessell – 2DRJ
‘The first part in this two-part article explored the application of hate crime laws in the sentencing of Scarlett Jenkinson and Eddie Ratcliffe for the tragic murder of Brianna Ghey, a 16-year-old transgender child. This second part sets out the current statutory framework for prosecuting hate crimes in England and Wales before providing an analysis of potential shortcomings and recommendations for reform.’
2DRJ, 18th April 2024
Source: www.2drj.com
Part 1 – A review of hate crime by Olivia Chessell – 2DRJ
‘The well reported case of two teenagers convicted for the murder of 16-year-old transgender child, Brianna Ghey, offers an opportunity for legal practitioners to review the scope and limitations of existing hate crime legislation. The sentencing remarks of Mrs Justice Yip DBE in R v Scarlett Jenkinson and Eddie Ratcliffe, are considered in this two-part article which provides an overview of hate crime laws in England and Wales.’
2DRJ, 26th March 2024
Source: www.2drj.com
