BAILII: Recent Decisions

Posted January 9th, 2024 in law reports by sally

High Court (Chancery Division)

IAA Vehicle Services Ltd v HBC Ltd [2024] EWHC 1 (Ch) (05 January 2024)

Source: www.bailii.org

Employment law changes to expect in 2024 – Kingsley Napley Employment Law Blog

‘From the day-one right to request flexible working to the introduction of rolled-up holiday pay, Georgia Roberts runs through the employment law changes HR must prepare for in 2024.’

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Kingsley Napley Employment Law Blog, 5th January 2024

Source: www.kingsleynapley.co.uk

Trade Marks – Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another – NIPC Law

Posted January 9th, 2024 in brexit, EC law, limitations, news, precedent, trade marks by sally

‘This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. (“Intelligent”) and Killis Ltd. (“Killis”) against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. (“Industrial”) relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).’

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NIPC Law, 4th January 2024

Source: nipclaw.blogspot.com

Council told to deduct £11k from outstanding care home fees after delays in carrying out financial assessment – Local Government Lawyer

Posted January 9th, 2024 in care homes, elderly, fees, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman has found fault in the way that Essex County Council carried out a financial assessment and a deferred payment process for an elderly man with dementia.’

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Local Government Lawyer, 8th January 2024

Source: www.localgovernmentlawyer.co.uk

Barrister who caused assistant’s “collapse” must pay £155,000 – Legal Futures

‘A barrister who caused her assistant to suffer a mental and physical “collapse” has been ordered to pay her over £155,000 in compensation by an employment tribunal.’

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Legal Futures, 9th January 2024

Source: www.legalfutures.co.uk

Judge refuses to redact civil servants’ names in JR of Parole Board recommendation for long-serving prisoner – Law Society’s Gazette

Posted January 9th, 2024 in anonymity, civil servants, judgments, news, parole, rape by sally

‘A High Court judge has said there was no “legitimate reason” to anonymise civil servants in a judgment concerning the parole of a rapist who has spent 41 years in prison. Declining a request to redact the names of junior civil servants, the Honourable Justice Fordham said nobody would be imperilled by his decision.’

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Law Society's Gazette, 8th January 2024

Source: www.lawgazette.co.uk

HMP Wandsworth: Prison told to make changes after alleged escape – BBC News

Posted January 9th, 2024 in fugitive offenders, London, news, prisons, terrorism by sally

‘Prison staff and justice officials have been told to make urgent changes after a terror suspect allegedly escaped from a south-west London jail. Daniel Khalife is accused of escaping HMP Wandsworth in September, which he denies. Justice Secretary Alex Chalk had ordered an investigation into the alleged incident, which he told MPs had now concluded.’

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BBC News, 18th January 2024

Source: www.bbc.co.uk

Awaab Ishak: Plan to force landlords to tackle mouldy homes – BBC News

Posted January 9th, 2024 in children, health, landlord & tenant, news, repairs by sally

‘Rogue social housing landlords could be forced to repair mouldy homes within 24 hours as part of government proposals after a toddler’s death.’

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BBC News, 9th January 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 8th, 2024 in law reports by sally

High Court (Chancery Division)

Moyses Stevens Flowers Ltd v Flower Station Ltd & Anor [2024] EWHC 4 (Ch) (05 January 2024)

Vegesentials Ltd & Anor v Shanghai Commercial & Savings Bank Ltd [2024] EWHC 7 (Ch) (05 January 2024)

High Court (King’s Bench Division)

Chehaib v King’s College Hospital NHS Foundation Trust & Ors [2024] EWHC 2 (KB) (05 January 2024)

Source: www.bailli.org

Building Safety Act requires rethink of SPV risk arrangements – OUT-LAW.com

Posted January 8th, 2024 in building law, construction industry, health & safety, housing, news by sally

‘Organisations using specially set up companies – special purpose vehicles, or SPVs – to deliver new UK housing schemes have been urged to plan ahead for the increased potential exposure to liability they may face under the Building Safety Act.’

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OUT-LAW.com, 5th January 2024

Source: www.pinsentmasons.com

Interim removal of children – Local Government Lawyer

Posted January 8th, 2024 in appeals, care orders, children, drug abuse, families, local government, news by sally

‘A recent Court of Appeal authority is a useful case for family practitioners to have in their toolkit, particularly those representing parents facing applications for interim removal of their children, writes Malvika Jaganmohan.’

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Local Government Lawyer, 5th January 2024

Source: www.localgovernmentlawyer.co.uk

Some recent cases on witness statements – Local Government Lawyer

Posted January 8th, 2024 in judicial review, local government, news, witnesses by sally

‘There have been three recent cases that each provide some developments on the law relating to witness evidence that will be useful for practitioners in judicial review proceedings, writes Charles Bishop.’

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Local Government Lawyer, 5th January 2024

Source: www.localgovernmentlawyer.co.uk

Insurer not entitled to hold back evidence of potential PI fraud – Legal Futures

Posted January 8th, 2024 in damages, disclosure, fraud, insurance, news, personal injuries by sally

‘An insurer was not entitled to hold back evidence that a claimant was a friend of the owner of the vehicle he collided with, hoping the claimant would lie about it in his witness statement, the High Court has held.’

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Legal Futures, 8th January 2024

Source: www.legalfutures.co.uk

Were lawyers complicit in Post Office’s corporate governance failures? – Legal Futures

‘A solicitor who acted for three wrongly convicted sub-postmasters has questioned whether lawyers advising the Post Office’s board were more motivated by continuing the retainers than giving proper guidance.’

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Legal Futures, 8th January 2024

Source: www.legalfutures.co.uk

Research Briefing – Trade unions and industrial relations – House of Commons Library

Posted January 8th, 2024 in employment, industrial action, news, parliament, trade unions by sally

‘This briefing covers the rules governing trade unions, the rights of union members, collective bargaining, strikes and other industrial action”

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House of Commons Library, 5th January 2024

Source: commonslibrary.parliament.uk

Man sentenced for shouting antisemitic abuse – Crown Prosecution Service

‘A man has been sentenced to 10 weeks’ imprisonment for shouting antisemitic and other racist slurs in public before making violent threats toward a police officer.’

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Crown Prosecution Service, 5th January 2024

Source: www.cps.gov.uk

Somerset women in custody offered alternative to court – BBC News

Posted January 8th, 2024 in courts, criminal justice, news, rehabilitation, women by sally

‘Women in Somerset who’ve been arrested for the first time for low-level crime are being offered an alternative to going to court.’

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BBC News, 8th January 2024

Source: www.bbc.co.uk

Ministers to meet to discuss Post Office Horizon scandal – BBC News

‘Ministers are to meet to consider possible ways of clearing the names of hundreds of sub-postmasters convicted in the Post Office Horizon scandal.’

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BBC News, 8th January 2024

Source: www.bbc.co.uk

Revealed: police refusing requests for background checks on violent partners – The Guardian

Posted January 8th, 2024 in disclosure, domestic violence, families, news, police, statistics, violence by sally

‘Police in England and Wales are leaving people at risk of domestic abuse by refusing to release information on suspected violent partners, the Observer can reveal, with one force declining 95% of requests for checks.’

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The Guardian, 6th January 2024

Source: www.theguardian.com

Met officers whose stop and search left man traumatised guilty of misconduct – The Guardian

‘Two Metropolitan police officers have been found guilty of misconduct after a botched stop and search operation resulted in an innocent man being taken to hospital to receive treatment for his injuries.’

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The Guardian, 4th January 2024

Source: www.theguardian.com