‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
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
‘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
‘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
‘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
‘It was only a few months ago that the Upper Tribunal handed down the decision in Kay v Cunningham [2023] UKUT 251 (LC). In that case (in which the writer appeared for the successful applicant) the Tribunal established a number of novel points in relation to modification and discharge of restrictive covenants under s.84 of the Law of Property Act 1925 (see the Brew on this here). On 8 May 2024, a differently constituted panel gave a decision in Medley v Mackenzie and others [2024] UKUT 112 (LC), which provides further guidance as to the Upper Tribunal’s approach to the discretion stage in s.84 applications.’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
‘The High Court has rejected a legal challenge brought by a group of parents on behalf of their children against a decision by the Mayor of London to extend his Universal Free School Meals scheme for the academic year 2024-2025, but to continue to confine the scheme to state-funded primary schools.’
Local Government Lawyer, 12th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Joseph Steadman of Wilberforce Chambers considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment scheme.’
Pensions Barrister, 13th June 2024
Source: www.pensionsbarrister.com
© Inner Temple Library 2024