BAILII: Recent Decisions
Court of Appeal (Civil Division)
One Savings Bank PLC v Waller-Edwards (Rev1) [2024] EWCA Civ 302 (28 March 2024)
Howe Properties (NE) Ltd v Accent Housing Ltd [2024] EWCA Civ 297 (27 March 2024)
Querino v Cambridge City Council (Rev1) [2024] EWCA Civ 314 (27 March 2024)
Donovan v Prescott Place Freeholder Ltd & Ors [2024] EWCA Civ 298 (27 March 2024)
Hayes & Anor v Rex [2024] EWCA Crim 304 (27 March 2024)
Court of Appeal (Criminal Division)
Ismael, R. v [2024] EWCA Crim 301 (27 March 2024)
Umut Alpergin & Anor v R [2024] EWCA Crim 313 (27 March 2024)
High Court (Administrative Court)
Sherratt, R (on the application of) v Bolton Council [2024] EWHC 699 (Admin) (27 March 2024)
Yusuff & Ors v Governor of His Majesty’s Prison Belmarsh [2024] EWHC 692 (Admin) (27 March 2024)
Lomas v Republic of South Africa & Anor (No. 2) [2024] EWHC 731 (Admin) (27 March 2024)
Swiatek v Regional Court In Lodz, Poland [2024] EWHC 726 (Admin) (27 March 2024)
High Court (Chancery Division)
Cousins Material House Ltd v The Swatch Group AG & Ors [2024] EWHC 710 (Ch) (27 March 2024)
High Court (Commercial Court)
Civiello & Anor v Brodahl [2024] EWHC 707 (Comm) (27 March 2024)
The Czech Republic v Diag Human SE & Anor [2024] EWHC 708 (Comm) (27 March 2024)
High Court (Family Division)
H & Anor v S & Anor [2024] EWHC 730 (Fam) (27 March 2024)
High Court (Patents Court)
High Court (King’s Bench Division)
Lonsdale & Ors v Wedlake Bell LLP & Ors [2024] EWHC 712 (KB) (27 March 2024)
Thorp & Ors v Mehta [2024] EWHC 652 (KB) (26 March 2024)
High Court (Technology and Construction Court)
Vainker & Anor v Marbank Construction Ltd & Ors [2024] EWHC 667 (TCC) (25 March 2024)
Source: www.bailii.org
The Lowe down – Nearly Legal
‘Lowe v Governors of Sutton’s Hospital In Charterhouse (2024) EWHC 646 (Ch). A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed information in breach of s.213(6) Housing Act 2004. It was dismissed at first instance on the basis that the requirements had been met.’
Nearly Legal, 1st April 2024
Source: nearlylegal.co.uk
Tribunal throws out solicitor’s claim based on sale of practice – Legal Futures
‘An employment tribunal has struck out a solicitor’s breach of contract claim based on a business agreement to transfer his practice to another firm, which was then to employ him.’
Legal Futures, 2nd April 2024
Source: www.legalfutures.co.uk
Stephen Bear ordered to pay £22,305 Confiscation Order – Crown Prosecution Service
‘Today at Chelmsford Crown Court, a Confiscation Order of £22,305 was given to Stephen Bear, to retrieve the ill-gotten gains he accumulated from publishing explicit content to a subscription site without the consent of those involved. The judge has ordered that the victim, Georgia Harrison, be compensated to the value of £5,000, which will be paid out of any monies paid towards the Confiscation Order.’
Crown Prosecution Service, 28th March 2024
Source: www.cps.gov.uk
Keynote speech by Mrs Justice Cheema-Grubb at the South Eastern Circuit: Mental Health, Diversion and Crime Speeches – Courts and Tribunals Judiciary
‘Keynote speech by Mrs Justice Cheema-Grubb at the South Eastern Circuit: Mental Health, Diversion and Crime.’
Courts and Tribunals Judiciary, 21st March 2024
Source: www.judiciary.uk
Fixed costs JR dropped after government concessions – Law Society’s Gazette
‘Personal injury lawyers have dropped legal action against the government after a series of concessions on when fixed recoverable costs (FRC) would apply.’
Law Society's Gazette, 28th March 2024
Source: www.lawgazette.co.uk
Crackdown on ‘gagging orders’ to protect victims’ ability to access support – Ministry of Justice
‘Victims will no longer be prevented from accessing support or legal advice under plans to crack down on the misuse of non-disclosure agreements (NDAs).’
Ministry of Justice, 28th March 2024
Source: www.gov.uk
Claimant lawyers ordered to pay half the costs of a fundamentally dishonest personal injury claim – Law Society’s Gazette
‘A defendant firm has hailed a rare court decision where a claimant’s lawyers were ordered to pay towards the costs of a fundamentally dishonest claim.’
Law Society's Gazette, 28th March 2024
Source: www.lawgazette.co.uk
Family anger at sentence on fatal crash driver, 19 – BBC News
‘A 19-year-old has been jailed for six years for killing two teens in a crash after speeding at more than twice the limit.’
BBC News, 28th March 2024
Source: www.bbc.co.uk
Revealed: Hundreds of repeat knife offenders spared jail despite ‘two strikes’ crackdown – The Independent
‘The Police Federation of England and Wales calls for a royal commission as analysis of figures by The Independent reveals nearly four in 10 repeat knife offenders are spared immediate prison sentences.’
The Independent, 1st April 2024
Source: www.independent.co.uk
Easter Break
There will be no posts over the Easter holiday. We will resume posting on 2nd April 2024
Recent Statutory Instruments – legislation.gov.uk
Crackdown on ‘gagging orders’ to protect victims’ ability to access support – Ministry of Justice
‘Victims will no longer be prevented from accessing support or legal advice under plans to crack down on the misuse of non-disclosure agreements (NDAs).’
Ministry of Justice, 28th March 2024
Source: www.gov.uk
This site is not available. Try again later. – Local Government Lawyer
‘At what point does a site cease to be “available” for the purposes of the sequential test? This was the question considered in a recent case, writes Katie Scuoler.’
Local Government Lawyer, 28th March 2024
Source: www.localgovernmentlawyer.co.uk
Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988 – Local Government Lawyer
‘Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of “non-commercial matters” in procurement processes.’
Local Government Lawyer, 28th March 2024
Source: www.localgovernmentlawyer.co.uk
