North Yorkshire farmer, 70, fined after woman trampled by cows – BBC News
‘A 70-year-old farmer has been fined after a dog walker was seriously injured when she was trampled by cows.’
BBC News, 14th February 2024
Source: www.bbc.co.uk
BAILII: Recent Decisions
Supreme Court
Jersey Choice Ltd v HM Treasury [2024] UKSC 5 (14 February 2024)
Court of Appeal (Civil Division)
AB (A Child : Habeas Corpus) [2024] EWCA Civ 105 (14 February 2024)
Roberts v Jones [2024] EWCA Civ 118 (14 February 2024)
Rahman v Munim & Anor [2024] EWCA Civ 123 (14 February 2024)
High Court (Administrative Court)
Muhumud v Government of Norway [2024] EWHC 300 (Admin) (14 February 2024)
High Court (Chancery Division)
High Court (Family Division)
WB v VM [2024] EWHC 302 (Fam) (14 February 2024)
High Court (King’s Bench Division)
Roberts v Jones [2024] EWHC 290 (KB) (14 February 2024)
The University Of Bristol v Abrahart [2024] EWHC 299 (KB) (14 February 2024)
Reveal Media Ltd v Dawes [2024] EWHC 285 (KB) (12 February 2024)
Walker & Anor v JMount (t/a Take To Removals) [2024] EWHC 281 (KB) (12 February 2024)
High Court (Technology and Construction Court)
Topalsson GmbH v Rolls Royce Motor Cars Ltd [2024] EWHC 297 (TCC) (13 February 2024)
Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 269 (TCC) (12 February 2024)
WOL (London) LLP v Croydon Investments Ltd & Ors [2024] EWHC 251 (TCC) (09 February 2024)
Source: www.bailii.org
Triangulation and flexibility: taking capacity seriously in changing circumstances – Mental Capacity Law and Policy
‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’
Mental Capacity Law and Policy, 11th February 2024
Ex-Scout leader from Ipswich sentenced over secret filming – BBC News
‘A former Scout leader has been jailed for 20 months for voyeurism and making indecent images of children.’
BBC News, 13th February 2024
Source: www.bbc.co.uk
Legal challenge over plans to relax sewage laws for housebuilders in England – The Guardian
‘The government is facing a legal challenge over plans to permit housebuilders in England to allow sewage pollution “through the back door”.’
The Guardian, 13th February 2024
Source: www.theguardian.com
New ICO certification for lawyers gives “certainty” on data processing – Legal Futures
‘The Information Commissioner’s Office (ICO) has approved a certification scheme which it says will provide law firms, chambers and others with “certainty” when processing personal data.’
Legal Futures, 14th February 2024
Source: www.legalfutures.co.uk
Victims of Modern Slavery Overlooked Due To Lack of Training, Report Finds – Each Other
‘A new report by The Rights Lab and ECPAT, a leading children’s rights organisation, has highlighted the ways in which the UK government and local authorities could become more effective at handling child protection in relation to modern slavery.’
Each Other, 14th February 2024
Source: eachother.org.uk
Pro-Palestinian protests: Paraglider badge wearers guilty of terror offences – BBC News
‘Three women have been found guilty of terrorism offences after they displayed images of paragliders, “celebrating” the Hamas tactics.’
BBC News, 13th February 2024
Source: www.bbc.co.uk
Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog
‘In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023.’
UKSC Blog, 12th February 2024
Source: ukscblog.com
Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question – Mental Capacity Law and Policy
‘Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull City Council v KF [2022] EWCOP 33, and Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44, we now have Re EE (Capacity: Contraception and Conception) [2024] EWCOP 5. The case concerned a 31 year old woman who wanted to become pregnant and have a baby; her capacity to engage in sexual relations, to decide about contact with others, and to make decisions about contraception, were all in issue and required the court’s determination.’
Mental Capacity Law and Policy, 11th February 2024
Judge criticises Home Office errors in Palestinian refugee’s visa case – The Guardian
‘The home secretary has given an “unreserved and unqualified apology” to a Palestinian refugee for “serious errors” made in relation to her student visa application.’
The Guardian, 13th February 2024
Source: www.theguardian.com
Home Office plans new protest offences and anti-Zionism is a protected belief – UK Human Rights Blog
‘The Home Office has announced its intention to create new offences relating to actions taken by attendees at protests. The plans include making it an offence to possess flares or pyrotechnics at a protest, to wear a face covering at a protest, and to climb on war memorials. The changes will be added as amendments to the Criminal Justice Bill. The Home Office has emphasised that the new rules are not a blanket ban on face coverings, and only apply where the protester’s intention is to conceal their identity.’
UK Human Rights Blog, 12th February 2024
Source: ukhumanrightsblog.com
Regulatory references under SMCR: what you need to know – Kingsley Napley Employment Law Blog
‘First introduced for banks and insurers in March 2017, regulatory references are now a requirement for all firms regulated by the Financial Conduct Authority and Prudential Regulation Authority, under the senior manager and certification regime.’
Kingsley Napley Employment Law Blog, 12th February 2024
Source: www.kingsleynapley.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Biria v Biria & Ors [2024] EWHC 121 (Ch) (09 February 2024)
High Court (Commercial Court)
High Court (Family Division)
KS v VS [2024] EWHC 278 (Fam) (12 February 2024)
Source: www.bailii.org
City council facing second judicial review challenge over tree felling – Local Government Lawyer
‘A fresh judicial review threat has been made over Plymouth City Council’s controversial redevelopment plans, which saw the local authority fell more than a hundred trees on a city street.’
Local Government Lawyer, 12th February 2024
Source: www.localgovernmentlawyer.co.uk
Council told to pay £15k after failings led to child missing education for two years – Local Government Lawyer
‘The Local Government and Social Care Ombudsman has called on North Northamptonshire Council to pay nearly £15,000 after the local authority’s failings led to a child missing out on education for two years.’
Local Government Lawyer, 12th February 2024
Source: www.localgovernmentlawyer.co.uk
Court of Appeal in England drills down on term ‘incidental’ in tax cases – OUT-LAW.com
‘A recent English Court of Appeal decision provides food for thought surrounding the use of “incidental” in tax legislation, an expert has said.’
OUT-LAW.com, 12th February 2024
Source: www.pinsentmasons.com
CA warns against misuse of judgment clarification procedure – Legal Futures
‘The delivery of a judgment “is not a transactional process” and its contents are “not open to negotiation”, the Court of Appeal has warned, saying the clarification procedure was being misused in family cases.’
Legal Futures, 12th February 2024
Source: www.legalfutures.co.uk
Lawyers’ use of generative AI “accelerating quickly” – Legal Futures
‘Lawyers’ use of generative AI is accelerating quickly but there is a major mismatch between in-house and private practice expectations of the impact on billing, new research has found.’
Legal Futures, 12th February 2024
Source: www.legalfutures.co.uk
