BAILII: Recent Decisions

Posted February 6th, 2024 in law reports by sally

Court of Appeal (Civil Division)

GFH Capital Ltd v Haigh & Ors [2024] EWCA Civ 65 (05 February 2024)

Rahimi v City of Westminster Council [2024] EWCA Civ 73 (05 February 2024)

Unicredit Bank GmbH v Ruschemalliance LLC [2024] EWCA Civ 64 (02 February 2024)

Williams v Williams & Ors [2024] EWCA Civ 42 (01 February 2024)

Savage v Savage [2024] EWCA Civ 49 (01 February 2024)

Miller v Irwin Mitchell LLP (Rev1) [2024] EWCA Civ 53 (01 February 2024)

Docklock Ltd v C Christo & Co Ltd [2024] EWCA Civ 45 (31 January 2024)

High Court (Administrative Court)

Pratt & Anor, R (On the Application Of) v Exeter City Council [2024] EWHC 185 (Admin) (02 February 2024)

Fiserova v District Court in Prachatice (Czech Republic) [2024] EWHC 204 (Admin) (02 February 2024)

High Court (Chancery Division)

South Tees Development Corporation & Anor v PD Teesport Ltd [2024] EWHC 214 (Ch) (05 February 2024)

Patel v Minerva Services Delaware, Inc. & Ors [2024] EWHC 172 (Ch) (05 February 2024)

BAT Industries Plc & Ors v Inland Revenue & Anor [2024] EWHC 195 (Ch) (05 February 2024)

Cadogan v Cadogan & Ors [2024] EWHC 165 (Ch) (02 February 2024)

Cotham School v Bristol City Council & Ors [2024] EWHC 154 (Ch) (02 February 2024)

Baylis & Anor v Haider & Ors [2024] EWHC 187 (Ch) (01 February 2024)

Tele Columbus AG, Re (Re Companies Act 2006) [2024] EWHC 181 (Ch) (01 February 2024)

High Court (Commercial Court)

Skatteforvaltningen v MCML Ltd [2024] EWHC 148 (Comm) (02 February 2024)

High Court (Family Division)

T (A Child), Re (No.2) (Transparency: Publication of the Party’s Names) [2024] EWHC 161 (Fam) (02 February 2024)

High Court (King’s Bench Division)

Various Claimants v Nissan Motor Co Ltd & Ors [2024] EWHC 208 (KB) (05 February 2024)

Chief Constable of Essex v Carter [2024] EWHC 126 (KB) (02 February 2024)

GJC v Walker [2024] EWHC 182 (KB) (02 February 2024)

Trump v Orbis Business Intelligence Ltd [2024] EWHC 173 (KB) (01 February 2024)

Pang & Anor v Zinda [2024] EWHC 176 (KB) (01 February 2024)

High Court (Technology and Construction Court)

CLS Civil Engineering Ltd v WJG Evans and Sons [2024] EWHC 194 (TCC) (02 February 2024)

Excelerate Technology Ltd v West Midlands Ambulance Service NHS University Foundation Trust & Anor (Re Disclosure Issues) [2024] EWHC 177 (TCC) (01 February 2024)

Source: www.bailii.org

UK High Court dismisses Thatchers cider ‘copycat’ claims – OUT-LAW.com

Posted February 6th, 2024 in consumer protection, food, news, trade marks by sally

‘A recent decision by the High Court in London may diminish the confidence of firms looking to invoke registered trade mark rights in cases of lookalike products, an expert has said.’

Full Story

OUT-LAW.com, 5th February 2024

Source: www.pinsentmasons.com

Growing AI litigation risk requires business response – OUT-LAW.com

‘The risk businesses face from litigation is changing as artificial intelligence (AI) tools become more popular. Businesses need to recognise this and consider the different kinds of risks associated with AI technology and how they might give rise to liability.’

Full Story

OUT-LAW.com, 5th February 2024

Source: www.pinsentmasons.com

Outsourcing the problem: equal pay and local authority trading companies – Local Government Lawyer

Posted February 6th, 2024 in contract of employment, equal pay, equality, local government, news by sally

‘Doug Mullen looks at the complex issues around equal pay that arise with local authority trading companies.’

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Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Paternity leave is becoming more flexible – Local Government Lawyer

Posted February 6th, 2024 in adoption, families, news, paternity leave, regulations by sally

‘David Leach sets out the key points for employers from new regulations affecting paternity leave.’

Full Story

Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Section 117 after-care statutory guidance – a missed opportunity? – Local Government Lawyer

Posted February 6th, 2024 in detention, local government, mental health, news, statutory duty by sally

‘Lee Parkhill reviews new Government guidance on the joint duty under s.117 of the Mental Health Act 1983.’

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Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Albanian man jailed for smuggling 12 migrants in North Sea crossing – Home Office

Posted February 6th, 2024 in guilty pleas, news, sentencing, trafficking in human beings by sally

‘A people smuggler has been jailed after smuggling migrants, including a child, towards the UK.’

Full Story

Home Office, 5th February 2024

Source: www.gov.uk

Fatal domestic abuse reviews renamed to better recognise suicide cases – Home Office

Posted February 6th, 2024 in bereavement, bills, consultations, domestic violence, homicide, news, suicide by sally

‘Domestic Homicide Reviews will be renamed to Domestic Abuse Related Death Reviews following calls to better recognise deaths from domestic abuse related suicide.’

Full Story

Home Office, 5th February 2024

Source: www.gov.uk

New data on wellbeing at the Bar – The Bar Council

Posted February 6th, 2024 in barristers, mental health, news, reports, statistics by sally

‘Today the Bar Council has published the Wellbeing at the Bar Report 2024. The data shows some improvements in wellbeing at the Bar.’

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The Bar Council, 2nd February 2024

Source: www.barcouncil.org.uk

Future of compensation fund in question as SRA begins consumer review – Law Society’s Gazette

‘The vexed question of how to protect the public without unfairly burdening regulated solicitors is at the centre of a review of consumer protection announced by the Solicitors Regulation Authority today.’

Full Story

Law Society's Gazette, 5th February 2024

Source: www.lawgazette.co.uk

Bristol University academic unfairly dismissed for anti-Zionist views – BBC News

‘An academic experienced discrimination when he was sacked from his university for comments he made about Israel, a tribunal has ruled.’

Full Story

BBC News, 6th February 2024

Source: www.bbc.co.uk

Vulnerable family forced to eat Christmas dinner on floor after landlord fails to fix flat – The Independent

Posted February 6th, 2024 in compensation, housing, landlord & tenant, news, ombudsmen, repairs by sally

‘A mother and her two young children were forced to eat their Christmas dinner on the floor after water flooded their flat and they were moved into temporary accommodation. The housing ombudsman has ordered their landlord, Yorkshire Housing, to pay nearly £4000 to the family after it found they were guilty of severe maladministration over the handling of the leak, damp and mould.’

Full Story

The Independent, 6th February 2024

Source: www.independent.co.uk

Conwy: Man jailed after pet dog bit three-year-old girl – BBC News

Posted February 6th, 2024 in children, dogs, guilty pleas, news, Wales by sally

‘A man has been jailed for a year after his large pet dog bit a three-year-old girl on the forehead, narrowly missing her eye, a court heard.’

Full Story

BBC News, 5th February 2024

Source: www.bbc.co.uk

Channel migrants: Man who piloted boat carrying 70 jailed – BBC News

Posted February 6th, 2024 in immigration, news, sentencing, trafficking in human beings by sally

‘A man who piloted a boat carrying more than 70 migrants who were rescued off the Kent coast has been jailed.’

Full Story

BBC News, 5th February 2024

Source: www.bbc.co.uk

CBI settles legal action with ex-chief Tony Danker – The Guardian

Posted February 6th, 2024 in complaints, lobbying, news, professional conduct, unfair dismissal by sally

‘One of the UK’s most prominent business lobby groups, the Confederation of British Industry, has settled a legal dispute with its former leader, Tony Danker.’

Full Story

The Guardian, 5th February 2024

Source: www.theguardian.com

Portuguese man who has lived legally in UK since 2001 faces deportation – The Guardian

Posted February 6th, 2024 in brexit, deportation, disabled persons, identity cards, immigration, news, time limits by sally

‘The Home Office has threatened a Portuguese plumber who has lived legally in the UK for more than 20 years with deportation after he struggled with his application to remain in the country.’

Full Story

The Guardian, 4th February 2024

Source: www.theguardian.com

Either not Neither: further consideration of non-binary identity by the High Court – UK Human Rights Blog

Posted February 5th, 2024 in gender, human rights, news by sally

‘The Divisional Court (Lady Justice Laing and Mrs Justice Heather Williams) confirmed in R (Castellucii) v The Gender Recognition Panel and the Minister for Women and Equalities [2024] EWHC 54 (Admin) that the Gender Recognition Panel has no power under the Gender Recognition Act 2004 to issue a Gender Recognition Certificate that records an applicant’s gender as “non-binary”. It also held that this did not breach any of the Claimant’s rights under Article 14 of the European Convention of Human Rights.’

Full Story

UK Human Rights Blog, 5th February 2024

Source: ukhumanrightsblog.com

Brian Christopher Jones: Nigel Farage and the UK Constitution – UK Constitutional Law Association

Posted February 5th, 2024 in brexit, constitutional law, news by sally

‘The upheaval of the UK constitution from 2016 onwards has been associated with a host of individuals, from David Cameron to Boris Johnson to Dominic Cummings, who have received the significant bulk of academic attention in recent years. And yet, another individual has had a substantial impact upon the UK constitution during this time: Nigel Farage. But his impact has not been as direct as other constitutional actors, and has often been scorned, sidelined, or generally undocumented. I can find only passing mentions of Farage on this blog, in addition to other major blogs on the UK constitution. Most of the articles mentioning him do so fleetingly, casting him in a negative light in relation to populism and his influence on Brexit (although some take a slightly more nuanced look). And yet, controversial though he is, Mr Farage deserves more attention. Although it may be easy to discount Farage as a fringe politician that has never held domestic political office, some of the issues and challenges his involvement in politics has brought forward go to the heart of the UK’s constitutional system.’

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UK Constitutional Law Association, February 2024

Source: ukconstitutionallaw.org

Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires – Medical Capacity Law and Policy

‘This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, a case in which Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke and was being cared for in hospital.’

Full Story

Mental Capacity Law and Policy, 4th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Neath Port Talbot: Mathew Pickering jailed for life for murder – BBC News

‘A man who murdered his on-off girlfriend has been sentenced to life in prison, with a minimum term of 17-and-a-half years.’

Full Story

BBC News, 5th February 2024

Source: www.bbc.co.uk