Everton’s Appeal Provides Sanction Guidance – 3 Hare Court
‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’
3 Hare Court. 11th March 2024
Source: www.3harecourt.com
Recent Statutory Instruments – legislation.gov.uk
SI 2024/559 – The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2024
SI 2024/558 – The Exotic Disease (Amendment) (England) Order 2024
SI 2024/555 – The Mutual Societies (Transfers of Business) (Tax) (Amendment) Regulations 2024
SI 2024/562 – The Armed Forces Act 2016 (Commencement No. 4) Regulations 2024
SI 2024/569 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2024
SI 2024/568 – The Judicial Review and Courts Act 2022 (Commencement No. 6) Regulations 2024
SI 2024/563 – The Customs (Tariff and Miscellaneous Amendments) (No. 2) Regulations 2024
Source: www.legislation.gov.uk
Insight and ‘conduct fundamentally incompatible with continued registration’: PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin) – 2 Hare Court
‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
BAILII: Recent Decisions
Supreme Court
Court of Appeal (Civil Division)
Mitchell & Anor v Al Jaber [2024] EWCA Civ 423 (26 April 2024)
W (A Child), In the Matter Of (Inflicted Injury – Delay) [2024] EWCA Civ 418 (26 April 2024)
P and E (Care Proceedings: Whether to Hold Fact-Finding Hearing) [2024] EWCA Civ 403 (26 April 2024)
Sherman & Anor v Reader Offers Ltd [2024] EWCA Civ 412 (26 April 2024)
Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024)
Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405 (24 April 2024)#
Court of Appeal (Criminal Division)
AIB, R. v [2024] EWCA Crim 422 (26 April 2024)
Newman, R. v [2024] EWCA Crim 415 (18 April 2024)
High Court (Administrative Court)
Dablewski v Regional Court in Lublin, Poland [2024] EWHC 957 (Admin) (25 April 2024)
High Court (Chancery Division)
Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 975 (Ch) (26 April 2024)
Transwaste Recycling And Aggregates Ltd, Re [2024] EWHC 970 (Ch) (26 April 2024)
West v Churchill & Anor [2024] EWHC 940 (Ch) (26 April 2024)
Walker v Somboonsarn [2024] EWHC 919 (Ch) (26 April 2024)
High Court (Commercial Court)
Euronav Shipping NV v Black Swan Petroleum DMCC [2024] EWHC 896 (Comm) (26 April 2024)
Upham & Ors v HSBC UK Bank PLC (Rev1) [2024] EWHC 849 (Comm) (26 April 2024)
High Court (Family Division)
EBK v DLO (Permission for Further Contempt Application) [2024] EWHC 984 (Fam) (26 April 2024)
NR (A Child: Withdrawal of Life Sustaining Treatment), Re [2024] EWHC 910 (Fam) (23 April 2024)
High Court (Patents Court)
Advanced Cell Diagnostics, Inc v Molecular Instruments, Inc [2024] EWHC 898 (Pat) (23 April 2024)
High Court (King’s Bench Division)
Rofail v Hassanin [2024] EWHC 964 (KB) (25 April 2024)
Blake & Anor v Fox [2024] EWHC 956 (KB) (25 April 2024)
Hale-Byrne v Secretary of State for Business And Trade & Anor [2024] EWHC 942 (KB) (24 April 2024)
High Court (Technology and Construction Court)
Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC) (25 April 2024)
Lloyds Developments Ltd v Accor HotelServices UK Ltd [2024] EWHC 941 (TCC) (24 April 2024)
Source: www.bailii.org
Recission for unilateral mistake: Barclays Bank UK PLC v (1) Terry & (2) Terry [2023] EWHC 2726 (Ch) and [2023] EWHC 3113 (Ch) – Gatehouse Chambers
‘In this series of two articles, we will discuss points of interest arising from the recent case Barclays Bank UK PLC v Terry & Anor (“the Barclays litigation”, “Barclays” and “Mr and Mrs Terry”) in which the writers were counsel for the defendants. This, the first article, discusses a point of substantive law (the court’s exercise of its equitable jurisdiction to rescind disposition made as a result of a unilateral mistake) the focus of the second article will be procedural (re: representative claims under CPR 19.8).’
Gatehouse Chambers, 22nd April 2024
Source: gatehouselaw.co.uk
Reading terror stabbings ‘probably avoidable’, inquest concludes – The Independent
‘A coroner has ruled the deaths of three people in the Reading terror attack were ”probably avoidable” as he delivered his conclusion following an inquest at the Old Bailey on Friday.’
The Independent, 27th April 2024
Source: www.independent.co.uk
Edith Thompson: CCRC told to revisit hanged woman’s pardon case – BBC News
‘A panel has been told to re-examine the case of a woman hanged for the murder of her husband, two months after it rejected a bid for her to be pardoned.’
BBC News, 27th April 2024
Source: www.bbc.co.uk
Smart gadgets: Tougher rules for sellers of internet-enabled devices in the UK – BBC News
‘Manufacturers will have to follow stricter rules if they want to sell “smart” gadgets in the UK after a new law came into effect.’
BBC News, 29th April 2024
Source: www.bbc.co.uk
Police say threatening and insulting text messages don’t count as domestic abuse – The Independent
‘The police are discounting threatening and insulting text messages as a form of domestic abuse with tens of thousands of incident records estimated to be missing. The Domestic Abuse Commissioner warned almost 17,600 domestic abuse crimes are missing from data released on Thursday due to the government overhauling the rules on how the police should record incidents.’
The Independent, 26th April 2024
Source: www.independent.co.uk
Woman raped by father wins payout as police finally admit mistakes in four-decade battle for justice – The Independent
‘A woman who was raped by her father has hit out at a catalogue of misogynistic police failings during her four-decade-long fight for justice.’
The Independent, 28th April 2024
Source: www.independent.co.uk
Home Office to detain asylum seekers across UK in shock Rwanda operation – The Guardian
‘The Home Office will launch a major operation to detain asylum seekers across the UK on Monday, weeks earlier than expected, in preparation for their deportation to Rwanda, the Guardian can reveal.’
The Guardian, 28th April 2024
Source: www.theguardian.com
Met police to pay ‘five-figure sum’ to French publisher arrested under anti-terror laws – The Guardian
‘A French publisher who was arrested in London on terrorism charges has been awarded “substantial” damages by the Metropolitan police, as new figures reveal thousands of foreign nationals have been stopped at UK ports under anti-terror laws.’
The Guardian, 29th April 2024
Source: www.theguardian.com
After Rwanda: Statement from church leaders – Law & Religion UK
‘The Archbishops of Canterbury and York and Bishop of Southwark have joined with leaders of the Roman Catholic, Methodist, Baptist and United Reformed Churches in England and issued a joint statement; the Church’s Press Release is reproduced below.’
Law & Religion UK, 23rd April 2024
Source: lawandreligionuk.com
Alerter by Jack Castle – Formal notice not required to have “sought to take” parental leave – Henderson Chambers
‘In Hilton Foods Solutions v Wright [2024] EAT 28 the Employment Appeal Tribunal considered the meaning of “sought to take” parental leave in the Maternity and Parental Leave etc. Regulations 1999. Whether an employee “sought to take” parental leave is a factual matter for the Employment Tribunal taking into account all relevant evidence. Importantly, it is not necessary for an employee to give formal notice under Schedule 2 of those Regulations. This may also apply to other forms of leave with protection for those who “sought to take” it, including the new entitlement to carer’s leave.’
Henderson Chambers, 25th March 2024
Source: www.hendersonchambers.co.uk
Substantial injustice – where are we now? – 39 Essex Chambers
‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’
39 Essex Chambers, 16th April 2024
Source: www.39essex.com
Two for one: one case but two decisions on occupation under the Landlord and Tenant Act 1954 (Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch); [2024] PLSCS 49) – Gatehouse Chambers
‘Royal Borough of Kensington & Chelsea (“the Council”) is the freeholder of a building on the Portobello Road, London W11. In 2012, Mellcraft Ltd (“Mellcraft”) took a five year lease of the first and second floors of the property (“the flat”). Shortly afterwards, a lease of the ground floor shop was granted to another company controlled by the same director. The director (“M”) lived in the flat and conducted Mellcraft’s business from it. Mellcraft had no other business premises.’
Gatehouse Chambers, 16th April 2024
Source: gatehouselaw.co.uk
Costs, Actually: A Recap on Offers to Settle – Gatehouse Chambers
‘Hugh Grant has put civil costs on the public radar, in his latest thread on X (formerly Twitter) (via: @HackedOffHugh), concerning the settlement of his privacy claim against The Sun. In one out of a series of posts from the thread on April 17th 2024, Grant wrote, “I don’t want to accept this money or settle. I would love to see all the allegations that they deny tested in court,” and he goes on to write in a subsequent post in the thread: “But the rules around civil litigation mean that if I proceed to trial and the court awards me damages that are even a penny less than the settlement offer, I would have to pay the legal costs of both sides.”’
Gatehouse Chambers, 23rd April 2024
Source: gatehouselaw.co.uk
City college loses JR over Ofsted ‘good’ rather than ‘outstanding’ rating – Local Government Lawyer
‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’
Local Government Lawyer, 25th April 2024
Source: www.localgovernmentlawyer.co.uk
Man convicted of murdering stranger in Hartlepool and trying to kill housemate – The Guardian
‘A 45-year-old man has been found guilty of murdering a complete stranger, telling police he wanted to kill people because of the conflict in Gaza.’
The Guardian, 25th April 2024
Source: www.theguardian.com
