BAILII – Recent Decisions

Posted December 19th, 2023 in law reports by sally

Court of Appeal (Civil Division)

Montres Breguet SA & Ors v Samsung Electronics Co Ltd & Anor (Rev1) [2023] EWCA Civ 1478 (15 December 2023)

Fiske, R (On the Application Of) v Test Valley Borough Council [2023] EWCA Civ 1495 (15 December 2023)

University of Exeter v Allianz Insurance PLC (Rev1) [2023] EWCA Civ 1484 (14 December 2023)

Banca Intesa Sanpaolo Spa & Anor v Comune Di Venezia [2023] EWCA Civ 1482 (13 December 2023)

Kei v Hua She Asset Management (Shanghai) Company Ltd [2023] EWCA Civ 1483 (13 December 2023)

Court of Appeal (Criminal Division)

Ames v Rex (Serious Fraud Office) [2023] EWCA Crim 1463 (15 December 2023)

Abdul, R. v [2023] EWCA Crim 1477 (15 December 2023)

Porter & Anor, R. v [2023] EWCA Crim 1485 (14 December 2023)

High Court (Administrative Court)

General Medical Council v Rezk [2023] EWHC 3228 (Admin) (18 December 2023)

Ingold & Ors, R (On the Application Of) v Secretary of State for Work and Pensions [2023] EWHC 3207 (Admin) (15 December 2023)

Lidl Great Britain Ltd, R (On the Application Of) v East Lindsey District Council [2023] EWHC 3210 (Admin) (15 December 2023)

Tossici-Bolt & Anor v Bournemouth, Christchurch and Poole Council [2023] EWHC 3229 (Admin) (15 December 2023)

Tossici-Bolt & Anor v Bournemouth, Christchurch and Poole Council (Amendment Judgment) [2023] EWHC 3230 (Admin) (15 December 2023)

Commissioner of Police of the Metropolis v Malik [2023] EWHC 3213 (Admin) (14 December 2023)

Derbyshire Health Care NHS Trust v Secretary of State for Health and Social Care [2023] EWHC 3182 (Admin) (14 December 2023)

AA, R (On the Application Of) v Sodexo Ltd & Anor [2023] EWHC 3215 (Admin) (14 December 2023)

Aga v General Dental Council [2023] EWHC 3208 (Admin) (13 December 2023)

Orsos v Gabor, Penitentiary Judge at the Pecs Regional Court, Hungary [2023] EWHC 3089 (Admin) (12 December 2023)

Court (Chancery Division)

Complete Care Services (Rossendale) Ltd v Godwin & Anor (Re Partnership – Expulsion of claimant from domiciliary crisis care business – Whether expulsion valid – Whether one of two partners can rely upon existing grounds for expulsion that were unknown at the time of the expulsion notice and only discovered subsequently – Relevance of mutual duties of good faith) [2023] EWHC 3139 (Ch) (15 December 2023)

The Duke of Sussex & Ors v MGN Ltd [2023] EWHC 3217 (Ch) (15 December 2023)

Morton v Morton & Anor (Re Costs) [2023] EWHC 3223 (Ch) (15 December 2023)

Oatly AB v Dairy UK Ltd [2023] EWHC 3204 (Ch) (14 December 2023)

Guy & Ors v Brake & Ors (Re Moratorium Cancellation Costs) [2023] EWHC 3179 (Ch) (14 December 2023)

Worsley v Gould & Ors [2023] EWHC 3181 (Ch) (14 December 2023)

Mercy Global Consult Ltd v Adegbuyi-Jackson & Ors [2023] EWHC 3203 (Ch) (13 December 2023)

Bouchier & Anor v Booth & Anor [2023] EWHC 3195 (Ch) (13 December 2023)

Bin Obaid & Ors v RLS Solicitors Limited (t/a RLS Law) [2023] EWHC 3136 (Ch) (11 December 2023)

Source: www.bailii.org

Easier access to historic wills under new government plans – Ministry of Justice

Posted December 19th, 2023 in archives, consultations, Ministry of Justice, news, wills by sally

‘The ambitious digitisation programme could see millions of wills dating back more than 150 years moved online and more easily accessible to the public in a bid to improve the current storage system.’

Full Story

Ministry of Justice, 15th December 2023

Source: www.gov.uk

Anti-bullying training “should be compulsory for barristers” – Legal Futures

Posted December 19th, 2023 in barristers, bullying, continuing professional development, harassment, news by sally

‘Training to prevent bullying and harassment should be compulsory for barristers, the leader of gender equality group Behind the Gown has said.’

Full Story

Legal Futures, 19th December 2023

Source: www.legalfutures.co.uk

Review of law on kinship – Law Commission

Posted December 19th, 2023 in carers, families, Law Commission, news by sally

‘If a child can’t live with their parents, they should ideally live with someone they already know and trust. This is called kinship care. The Law Commission will be carrying out a review into the legal framework for kinship carers. The project has been referred to us by the Department for Education who are seeking to ensure the legislative framework is fair, modern, and best meets the needs of some of the most vulnerable members of society.’

Full Story

Law Commission, 15th December 2023

Source: lawcom.gov.uk

Fraudster forced to pay back £1 million to victims – Crown Prosecution Service

Posted December 19th, 2023 in confiscation, Crown Prosecution Service, fraud, news, proceeds of crime, victims by sally

‘More than 200 people who were conned into buying useless investments have received payouts from the money recovered from the fraudster.’

Full Story

Crown Prosecution Service, 18th December 2023

Source: www.cps.gov.uk

Hitler partly to blame for 2021 blast damage, Court of Appeal confirms – Law Society’s Gazette

Posted December 19th, 2023 in explosives, insurance, news, war by sally

‘A judge was correct to find that damage caused by the detonation of a 79-year-old German bomb was the fault of the Luftwaffe and not a 2021 bomb disposal squad, the Court of Appeal has ruled. In University of Exeter v Allianz Insurance plc, three judges led by Lord Justice Coulson dismissed an appeal by the University of Exeter against a High Court ruling earlier this year over a denied insurance claim for damage caused.’

Full Story

Law Society's Gazette, 18th December 2023

Source: www.lawgazette.co.uk

Doctor who sexually harassed nurses to stay in work – BBC News

‘A hospital doctor who admitted sexually harassing two nurses should not be suspended, a High Court judge has ruled.’

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BBC News, 18th December 2023

Source: www.bbc.co.uk

Wiltshire man who abused girl, 7, jailed for life – BBC News

‘A man has been jailed for life for his “horrific crimes” in sexually abusing a seven-year-old girl.’

Full Story

BBC News, 18th December 2023

Source: www.bbc.co.uk

UK court removes daughter from care of mother who disputed use of expert – The Guardian

‘A family court judge has accepted the recommendation of an unregulated expert and ruled that a child should be removed from her mother’s care after finding the mother made an “entirely false allegation” about the child’s father.’

Full Story

The Guardian, 16th December 2023

Source: www.theguardian.com

‘Respected’ doctor caught selling drugs using dark web under Star Wars pseudonym – The Independent

Posted December 19th, 2023 in drug offences, extradition, guilty pleas, internet, news, sentencing by sally

‘A doctor who bought illegal drugs to sell to customers on the dark web using the Star Wars pseudonym “Imperial Storm Trooper” has been jailed for five years.’

Full Story

The Independent, 17th December 2023

Source: www.independent.co.uk

Boy kept in solitary confinement wins £31,500 payout – The Guardian

Posted December 19th, 2023 in compensation, detention, human rights, mental health, news, young offenders by sally

‘The UK government has agreed to pay £31,500 compensation after accepting that a 15-year-old boy with serious mental health problems was subjected to “inhuman or degrading treatment” by being kept in solitary confinement for almost two months.’

Full Story

The Guardian, 18th December 2023

Source: www.theguardian.com

Teachers in England won’t have to inform parents if pupils ask about gender – The Independent

Posted December 19th, 2023 in equality, news, notification, school children, teachers, transgender persons by sally

‘Teachers in England will not be made to inform parents if pupils come to them with questions about gender identity under new government guidance due to be published this week.’

Full Story

The Independent, 18th December 2023

Source: www.independent.co.uk

Ministry of Justice plan to destroy historical wills is ‘insane’, say experts – The Guardian

Posted December 19th, 2023 in archives, consultations, Ministry of Justice, news, wills by sally

‘“Sheer vandalism” and “insane”. This is how leading historians on Monday described government plans to destroy millions of historical wills to save on storage costs. The Ministry of Justice is consulting on digitising and then throwing away about 100m paper originals of the last wills and testaments of British people dating back more than 150 years in an effort to save £4.5m a year.’

Full Story

The Guardian, 18th December 2023

Source: www.theguardian.com

Betsi Cadwaladr fined £200k for mental health failings – BBC News

Posted December 19th, 2023 in fines, health & safety, hospitals, mental health, news, suicide by sally

‘A health board has been fined £200,000 after a woman killed herself on one of its mental health wards.’

Full Story

BBC News, 18th December 2023

Source: www.bbc.co.uk

Public Law Newsletter: Nov 23 – Spire Barristers

Posted December 18th, 2023 in chambers articles, Court of Protection, news by sally

‘Public Law Newsletter November 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 28th November 2023

Source: www.spirebarristers.co.uk

Hippersley – an important point – Tanfield Chambers

‘Robert Bowker and Pauline Lam (Russell Cooke) examine the Upper Tribunal’s decision in Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC).’

Full Story

Tanfield Chambers, 16th November 2023

Source: www.tanfieldchambers.co.uk

Civil Justice Council working group consult on procedure for determining mental capacity in civil proceedings – Local Government Lawyer

‘A Civil Justice Council (CJC) working group has launched a consultation on the procedure for determining mental capacity in civil proceedings.’

Full Story

Local Government Lawyer, 18th December 2023

Source: www.localgovernmentlawyer.co.uk

High Court: Mirror’s legal department knew about hacking for years – Legal Futures

Posted December 18th, 2023 in interception, media, news, privacy, royal family, telecommunications by sally

‘The legal department at Mirror Group Newspapers (MGN) was aware of phone hacking far earlier than it admitted, the High Court found last week in the claim brought by Prince Harry.’

Full Story

Legal Futures, 18th December 2023

Source: www.legalfutures.co.uk

Legal action planned over UK’s ‘cruel’ income threshold visa rules – The Guardian

‘Multinational families threatened with division or exile by tough new income thresholds for living together in the UK are planning legal action to overturn the “cruel and inhumane” policy.’

Full Story

The Guardian, 17th December 2023

Source: www.theguardian.com

Blackpool nurse and colleague jailed over drugging patients – BBC News

‘An “evil” nurse who drugged patients on a stroke unit for an “easy shift” and a healthcare worker who conspired with her have been jailed.’

Full Story

BBC News, 15th December 2023

Source: www.bbc.co.uk