BAILII: Recent Decisions

Posted January 26th, 2024 in law reports by michael

Court of Appeal (Civil Division)

Iconix Luxembourg Holdings SarL v Dream Pairs Europe Inc & Anor [2024] EWCA Civ 29 (26 January 2024)

J, P & Q (Care Proceedings) [2024] EWCA Civ 22 (26 January 2024)

ADM International SarL v Grain House International SA & Anor (Rev1) [2024] EWCA Civ 33 (25 January 2024)

Court of Appeal (Criminal Division)

Gross, R. v [2024] EWCA Crim 21 (23 January 2024)

High Court (Administrative Court)

Laing, R (On the Application Of) v The Cornwall Council [2024] EWHC 120 (Admin) (26 January 2024)

Willott, R (On the Application Of) v Eastbourne Borough Council [2024] EWHC 113 (Admin) (25 January 2024)

High Court (Commercial Court)

Macquarie Bank Ltd v Banque Cantonale Vaudoise [2024] EWHC 114 (Comm) (26 January 2024)

GLAS SAS (London Branch) v European Topsoho SarL & Ors [2024] EWHC 83 (Comm) (26 January 2024)

Gatwick Investment Ltd & Ors v Liberty Mutual Insurance Europe SE [2024] EWHC 124 (Comm) (26 January 2024)

Operafund Eco-Invest SICAV PLC & Anor v Kingdom of Spain (Re Arbitration (International Investment Disputes) Act 1966) [2024] EWHC 82 (Comm) (25 January 2024)

Al Saud v Gibbs [2024] EWHC 123 (Comm) (24 January 2024)

Source: www.bailii.org

Government announces early legal advice pilot for separating couples – Legal Futures

‘The government is to launch a pilot of early legal advice for separating couples to judge what impact it could have to speed up a resolution.’

Full Story

Legal Furures, 26th January 2024

Source: www.legalfutures.co.uk

Financial Sanction and Free Speech in the High Court – UK Human Rights Blog

‘Graham Phillips, the Claimant, is a British national and video blogger who posts content from the Donbass dressed in Russian military fatigues. He says he is a journalist who provides a “counterbalance” to widespread western misunderstanding of the true situation in Ukraine but the Administrative Court disagrees. On 12 January 2024, it handed down judgment in R (Phillips) v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin), in which it upheld the Government’s view that the Claimant is a propagandist for Russia who is lawfully subject to a sanctions regime which allows the state to freeze his assets.’

Full Story

UK Human Rights Blog, 25th January 2024

Source: ukhumanrightsblog.com

Indonesian fruit picker landed in debt bondage challenges Home Office – The Guardian

‘When Ismael found himself sleeping rough at York station in the late October cold he struggled to understand how an opportunity to pick berries 7,000 miles from his home had so quickly ended there.’

Full Story

The Guardian, 26th January 2024

Source: www.theguardian.com

Environmental watchdog criticises Government over lack of monitoring and transparency – Local Government Lawyer

‘The Office for Environmental Protection (OEP) has attacked the Government over a lack of transparency in measures to protect the environment.’

Full Story

Local Government Lawyer, 25th January 2024

Source: www.localgovernmentlawyer.co.uk

Nottingham attacks: attorney general considering killer’s sentence for review – The Guardian

‘The attorney general is considering whether judges should review the sentence of the Nottingham killer Valdo Calocane after receiving a submission that it could be unduly lenient.’

Full Story

The Guardian, 26th January 2024

Source: www.theguardian.com

Scope of duty since Khan v Meadows – Law Pod UK

‘Rachel Marcus and Marcus Coates-Walker of 1 Crown Office Row join Lucy McCann to explore the principle of the scope of duty in the context of clinical negligence claims. First by analysing the decision in Khan v Meadows [2021] UKSC 21 and then discussing how the courts have grappled with scope of duty issues since.’

Full Story

Law Pod UK, 25th January 2024

Source: audioboom.com

Mother of girl whose death was linked to air pollution sues UK government – The Guardian

‘The mother of a nine-year-old girl who became the first person in the UK to have air pollution cited on their death certificate has launched a high court claim against the government.’

Full Story

The Guardian, 25th January 2024

Source: www.theguardian.com

Horizon scandal: post office operator cleared after years of suffering in silence – The Guardian

Posted January 26th, 2024 in appeals, computer programs, fraud, miscarriage of justice, news, postal service, theft by sally

‘A former post office branch operator who suffered in silence and endured humiliation after being convicted of fraud based on evidence from the faulty Horizon IT system has had her conviction quashed by the court of appeal.’

Full Story

The Guardian, 25th January 2024

Source: www.theguardian.com

High Court judge gives guidance on use of intermediaries in Family Court – Local Government Lawyer

‘The High Court has given guidance on the use of intermediaries in the Family Court, in a case concerning a 2-and-a-half year old girl, which was in week 127 at the hearing last month.’

Full Story

Local Government Lawyer, 25th January 2024

Source: www.localgovernmentlawyer.co.uk

Men admit conspiracy to remove genitals – BBC News

Posted January 26th, 2024 in conspiracy, grievous bodily harm, news by sally

‘Two men have admitted being part of an extreme body-modification plot involving pay-per-view website videos.’

Full Story

BBC News, 25th January 2024

Source: www.bbc.co.uk

Case Comment: TUI Limited v Griffiths [2023] UKSC 48 – UKSC Blog

‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’

Full Story

UKSC Blog, 26th January 2024

Source: ukscblog.com

Llanelli DJ jailed for urinating on cancer patient and posting video online – The Guardian

Posted January 26th, 2024 in assault, cancer, compensation, imprisonment, news, sentencing by sally

‘A wedding DJ has been jailed for 14 weeks for urinating on a cancer patient and then posting the footage online.’

Full Story

The Guardian, 25th January 2024

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted January 25th, 2024 in legislation by sally

2024 c. 1 – Post Office (Horizon System) Compensation Act 2024

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 25th, 2024 in legislation by sally

SI 2024/84 – The Income Tax (Indexation of Blind Person’s Allowance and Married Couple’s Allowance) Order 2024

SI 2024/85 – The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024

SI 2024/82 – The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2024

SI 2024/81 – The Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2024

SI 2024/76 – The Income Tax (Accommodation Allowances of Armed Forces) Regulations 2024

SI 2024/75 – The National Minimum Wage (Amendment) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 25th, 2024 in law reports by sally

Court of Appeal (Civil Division)

Al Sadeq v Dechert LLP & Ors [2024] EWCA Civ 28 (24 January 2024)

Court of Appeal (Criminal Division)

Bassaragh, R. v [2024] EWCA Crim 20 (25 January 2024)

High Court (Administrative Court)

Knot Builders Ltd, R (On the Application Of) v Construction Industry Training Board [2024] EWHC 115 (Admin) (25 January 2024)

MacCallum v Secretary of State for Education [2024] EWHC 87 (Admin) (24 January 2024)

CX1 & Ors, R (On the Application Of) v Secretary of State for Defence & Anor [2024] EWHC 94 (Admin) (24 January 2024)

Hannon, R (On the Application Of) v The Crown Court at Bristol [2024] EWHC 105 (Admin) (24 January 2024)

High Court (Chancery Division)

Chedington Events Ltd v Brake & Anor [2024] EWHC 101 (Ch) (25 January 2024)

Astute Capital PLC & Anor v Countrylarge 444 Ltd & Ors (Re Consequential Matters) [2024] EWHC 75 (Ch) (24 January 2024)

High Court (Commercial Court)

Redmond v O’Hara [2024] EWHC 99 (Comm) (24 January 2024)

High Court (King’s Bench Division)

Hussain & Ors v Rahman & Ors [2024] EWHC 116 (KB) (25 January 2024)

Wragg & Ors v Opel Automobile GmbH & Ors [2024] EWHC 110 (KB) (25 January 2024)

Uzbekov v Revolut Ltd [2024] EWHC 98 (KB) (Admin) (25 January 2024)

Tameside Caravans and Storage Ltd v Viavecto Ltd [2024] EWHC 95 (KB) (23 January 2024)

Source: www.bailii.org

New CPR rule for pensions rectification claims – Pensions Barrister

Posted January 25th, 2024 in civil procedure rules, news, pensions, rectification by sally

‘David E Grant KC, who is a member of the Pensions Litigation Court Users’ Committee, has written an article about the proposed change to PD57AC (trial witness statements in the business and property courts), which will exempt pensions rectification proceedings from the scope of the PD.’

Full Story

Pensions Barristers, 25th January 2024

Source: www.pensionsbarrister.com

“Sufficient interest” in faculty petitions – II – Law & Religion UK

Posted January 25th, 2024 in ecclesiastical law, faculties, jurisdiction, news by sally

‘Re St. Nicholas Leicester [2023] ECC Lei 3 is the third consideration of an on-going faculty application for the introduction of a new altar frontal in the form of a Progress Pride image with a white cross applied to it. Two potential designs have been provided and the petitioners are seeking to have permission for the frontal to be displayed during Sunday worship and on Saturdays when the church is open to the public, Re St. Nicholas Leicester [2023] ECC Lei 1 (28 January 2023).’

Full Story

Law & Religion UK, 25th January 2024

Source: lawandreligionuk.com

High Court refuses leave to appeal $11bn arbitration ruling – Legal Futures

Posted January 25th, 2024 in appeals, arbitration, barristers, fraud, news, privilege, professional conduct, solicitors by sally

‘The potential consequences for two lawyers the High Court has referred to their regulators are not reasons to grant leave for an appeal, the judge has ruled after setting aside a $11bn arbitration award against the Republic of Nigeria.’

Full Story

Legal Futures, 25th January 2024

Source: www.legalfutures.co.uk

Met Police arrest 13 people in two days using ‘dystopian’ facial recognition cameras – The Independent

Posted January 25th, 2024 in facial mapping, London, news, police, privacy by sally

‘London’s Metropolitan Police have arrested over a dozen people in two days using controversial Live Facial Recognition technology in Croydon.’

Full Story

The Independent, 24th January 2024

Source: www.independent.co.uk