BAILII: Recent Decisions
Supreme Court
Potanina v Potanin [2024] UKSC 3 (31 January 2024)
High Court (Administrative Court)
Imani v General Dental Council [2024] EWHC 132 (Admin) (31 January 2024)
High Court (Chancery Division)
Baldudak v Matteo [2024] EWHC 167 (Ch) (31 January 2024)
High Court (King’s Bench Division)
Santander Consumer (UK) PLC v Chaudhry [2024] EWHC 170 (KB) (31 January 2024)
Nightingale & Anor v Bromford Housing Association Ltd [2024] EWHC 136 (KB) (31 January 2024)
Source: www.bailii.org
Legal action launched against ‘rip-off’ secret commissions on UK firms’ energy bills – The Guardian
‘Businesses across the UK have been forced to pay an extra 10% on average for their gas and electricity because suppliers routinely add third-party broker commissions to their bills, according to a leading litigation law firm.’
The Guardian, 31st January 2024
Source: www.theguardian.com
The wind cries arguable case: Hendrix rights case against Sony will go to trial – Law Society’s Gazette
‘Atrial concerning the copyright and performance rights of 1960s guitar legend Jimi Hendrix’s bandmates, bass guitarist Noel Redding and drummer “Mitch” Mitchell, is to go ahead, a judge has ruled.’
Law Society's Gazette, 30th January 2024
Source: www.lawgazette.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Braceurself Ltd v NHS England (No 2 – Substantive Appeal) [2024] EWCA Civ 39 (30 January 2024)
High Court (Administrative Court)
High Court (Commercial Court)
Ripple Markets APAC PTE Ltd v P Dot Money Ltd & Anor [2024] EWHC 156 (Comm) (30 January 2024)
ABFA Commodities Trading Ltd v Petraco Oil Company SA [2024] EWHC 147 (Comm) (30 January 2024)
High Court (King’s Bench Division)
Source: www.bailii.org
The legality of the new minimum income requirement – EIN Blog
‘The recently announced plan to increase the minimum income requirement (MIR) to £38,700 led to widespread criticism, with the government appearing to exclude all but the affluent from establishing family life in the UK. This has led to a partial policy shift, with it now announced that the threshold to sponsor a spouse will not rise to this amount until 2025, with an interim rise to £29,000 taking place in the Spring. Nonetheless, even this lower amount will be unaffordable to many families, raising questions about the compatibility of the rise with Convention rights. In R (MM) Lebanon v SSHD [2017] UKSC 10 the Supreme Court found that the initial MIR, set at £18,600, was lawful. In this post, I will highlight two key problems with the judgment, along with the failure of the MIR to restrict the social security entitlement of many affected families: the MIR’s primary justification.’
EIN Blog, 31st January 2024
Source: www.ein.org.uk
Aradhya Sethia: Constitutional Accountability, Intra-party Processes, and Tortoise Media – UK Constitutional Law Association
‘It is difficult to provide a satisfying account of constitutional accountability in the UK without considering the internal processes of major political parties (especially the governing party and the largest opposition party). Yet, intra-party processes often do not receive the attention of constitutional scholars. Therefore, in this blog, I will discuss the constitutional importance and the legal treatment of intra-party processes. I will start with the constitutional significance of certain intra-party processes. Subsequently, I will discuss the consequences of the existing private law status of parties. I will then comment on the amenability of intra-party processes to judicial review in light of a recent judgment delivered by Fordham J in R (Tortoise Media) v Conservative Party [2023] EWHC 3088 (Admin) (“Tortoise Media”). The blog concludes with a caution against a blanket rejection of judicial review of intra-party processes.’
UK Constitutional Law Association, 31st January 2024
Source: ukconstitutionallaw.org
Collapsed SSB “faces up to 1,400 negligence claims” – Legal Futures
‘Consumer claims firm SSB Law, which went into administration earlier this month owing six litigation funders £200m, faces up to 1,400 professional negligence claims, it has emerged.’
Legal Futures, 31st January 2024
Source: www.legalfutures.co.uk
Law firm “let down” client over bid to propound will, master rules – Legal Futures
‘A daughter seeking to propound a copy of her deceased mother’s will has been “let down” by her solicitors in failing to comply with an unless order to issue proceedings, the High Court has ruled.’
Legal Futures, 31st January 2024
Source: www.legalfutures.co.uk
Court of Appeal rejects appeal over finding that manifest error in procurement was not “sufficiently serious” for damages award – Local Government Lawyer
‘The Court of Appeal has upheld a High Court ruling that an error in the award of an NHS orthodontic contract was not sufficiently serious to entitle the claimant to Francovich damages.’
Local Government Lawyer, 30th January 2024
Source: www.localgovernmentlawyer.co.uk
Time to address “silent crisis” of finding safe placements for children with profound needs long overdue, says judge – Local Government Lawyer
‘The High Court has ruled that a vulnerable teenage girl should be moved from hospital to her local authority’s proposed placement in an unregistered placement “as a matter of urgency”, under a high degree of restriction to keep her safe.’
Local Government Lawyer, 30th January 2024
Source: www.localgovernmentlawyer.co.uk
Carlisle man jailed for arson attack on wrong house – BBC News
‘A man has been jailed after a revenge arson attack on the wrong house.’
BBC News, 30th January 2024
Source: www.bbc.co.uk
Lucy Letby murder convictions appeal bid rejected – BBC News
‘Serial child killer Lucy Letby has had an initial bid to challenge her convictions for murdering seven babies and attempting to kill another six refused by the Court of Appeal.’
BBC News, 30th January 2024
Source: www.bbc.co.uk
Prince Harry pursues 115 further phone hacking claims after Mirror victory – The Independent
‘A phone hacking case brought by the Duke of Sussex and other celebrities against Mirror Group was “overwhelmingly successful” with demands made for the publisher to pay out nearly £2m in costs, a court heard. Prince Harry’s case against Mirror newspapers remains ongoing as he presses ahead with a further 115 articles that he claims were sourced unlawfully, with decisions on costs reserved until this is determined.’
The Independent, 30th January 2024
Source: www.independent.co.uk
Valdo Calocane: CPS to be investigated over handling of Nottingham killer case – The Guardian
‘Prosecutors are to be investigated for their handling of the Valdo Calocane case, including their decision to accept his manslaughter pleas, the attorney general has announced.’
The Guardian, 30th January 2024
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
High Court (Chancery Division)
High Court (Commercial Court)
Lowry Trading Ltd v Musicalize Ltd & Ors [2024] EWHC 142 (Comm) (29 January 2024)
AerCap Ireland Ltd v AIG Europe SA & Ors [2024] EWHC 144 (Comm) (29 January 2024)
High Court (King’s Bench Division)
Costcutter Supermarkets Group Ltd v Vaish & Anor [2024] EWHC 152 (KB) (29 January 2024)
Blake & Anor v Fox [2024] EWHC 146 (KB) (29 January 2024)
Buckinghamshire Council v Barrett & Ors [2024] EWHC 140 (KB) (29 January 2024)
Valero Energy Ltd & Ors v Persons Unknown & Ors [2024] EWHC 134 (KB) (26 January 2024)
Source: www.bailii.org
Top Cases of 2023: the good, the bad and the legally complicated – UK Human Rights Blog
‘As the dust settles on another year, it is (just about still) time to look back over the year gone to review some of the most dramatic, legally interesting or impactful cases of the year gone by. As ever, this is only a selection of the top cases of the year, but as a whole they reveal yet another year in which the courts have been drawn into the centre of the most important social and political debates of the society in which they find themselves.’
UK Human Rights Blog, 29th January 2024
Source: ukhumanrightsblog.com
Hillside in practice – Local Government Lawyer
‘Megan Forbes analyses a recent High Court case that has provided guidance on the practical implications of the Supreme Court’s Hillside decision.’
Local Government Lawyer, 26th January 2024
Source: www.localgovernmentlawyer.co.uk
