‘The 12-year manslaughter sentence given to a man who had been violent to his partner and admitted killing her in a text message to a friend “shows how the criminal justice system fails to deliver justice for women”, campaigners have argued.’
The Guardian, 3rd January 2024
Source: www.theguardian.com
‘Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.’
12 King's Bench Walk, 28th November 2023
Source: clinicalnegligence.blog
‘As public law practitioners we are rarely tasked with really delving into the law relating to fathers without parental responsibility. It is common knowledge (although not necessarily logical) that a father without PR is not an automatic party to proceedings involving his child. They are, however, entitled to be given notice of the proceedings and if they wish to be involved are invited to make an application for joinder which is usually granted without opposition.’
Pump Court Chambers, 3rd November 2023
Source: www.pumpcourtchambers.com
‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’
UK Human Rights Blog, 3rd January 2024
Source: ukhumanrightsblog.com
‘A man who raped a teenager while on a 1994 trip to the Lake District has shown “no remorse” after his victim came forward decades later.’
BBC News, 2nd January 2024
Source: www.bbc.co.uk
‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’
St John's Chambers, 29th November 2023
Source: www.stjohnschambers.co.uk
‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’
Doughty Street Chambers, 16th November 2023
Source: insights.doughtystreet.co.uk
‘The Equality Act (“EqA”) 2010 (Amendment) Regulations 2023 (“the Regulations”) will amend the EqA 2010 to protect certain rights against discrimination derived from EU law, so they are not lost by the Retained EU Law (Revocation and Reform) Act 2023.’
Pump Court Chambers, 10th November 2023
Source: www.pumpcourtchambers.com
‘In this action On the Beach Ltd (OTB) and associated companies sought to recover from Ryanair sums for which OTB was liable to its customers pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 (the PTRs).’
International & Travel Law Blog, 2nd November 2023
‘A solicitor made redundant after her work on the Grenfell Tower disaster ended has won a claim for unfair dismissal because her law firm did not properly consider another role for her.’
Legal Futures, 3rd January 2024
Source: www.legalfutures.co.uk
‘The “No Recourse to Public Funds” Condition is imposed on grant of limited leave to remain which in effect means that the person holding that leave cannot obtain public funds. However, it is possible to ask the Home Office to lift the condition and there are special criteria to be met.’
EIN Blog, 2nd January 2024
Source: www.ein.org.uk
‘The Solicitors Regulation Authority (SRA) has handed out the first fixed penalty fine for a law firm’s failure to submit its workforce diversity data within the deadline.’
Legal Futures, 3rd January 2024
Source: www.legalfutures.co.uk
‘In JXH v The Vicar, Parochial Church Council and Churchwardens of the Parish Church of Holcombe Rogus [2023] EWHC 3221 (KB), JXH claimed damages for injury and harm caused by two sexual assaults committed in the period 1979-1981 by Vickery House. The claim was brought against the parish, House having been the incumbent at the time the assaults took place. The parties were agreed that the sexual assaults had taken place, that JXH had suffered damage, including mental harm, and that the appropriate damages award would be £12,000. At the time the assaults took place, BXB was living in a “quasi-monastic” community in a cottage in the parish with two other two young men, supervised by House.’
Law & Religion UK, 3rd January 2024
Source: lawandreligionuk.com
‘A woman who used her car “as a weapon” to kill her fiancé after a row at a party has been convicted of murder.’
BBC News, 2nd January 2024
Source: www.bbc.co.uk
‘Almost 100,000 people seeking asylum in the UK are waiting for a decision amid growing claims that ministers have massaged official figures to try to show that they have cut the backlog of cases.’
The Guardian, 2nd January 2024
Source: www.theguardian.com
Court of Appeal (Civil Division)
Kihembo v Disclosure and Barring Service [2023] EWCA Civ 1547 (21 December 2023)
Juj v John Lewis Partnership PLC [2023] EWCA Civ 1507 (21 December 2023)
Czech Republic v Diag Human SE & Anor [2023] EWCA Civ 1518 (21 December 2023)
Ahmed v Rehman [2023] EWCA Civ 1504 (21 December 2023)
Court of Appeal (Criminal Division)
Jacobs, R. v [2023] EWCA Crim 1503 (21 December 2023)
High Court (Administrative Court)
DF, R (On the Application Of) v Essex County Council [2023] EWHC 3330 (Admin) (22 December 2023)
Davies v Greene [2023] EWHC 3304 (Admin) (21 December 2023)
Hawkins v Health and Care Professions Council [2023] EWHC 3256 (Admin) (21 December 2023)
Davies v Greene [2023] EWHC 3329 (Admin) (21 December 2023)
Stanuszek v Bunyan (Listing Officer) [2023] EWHC 3275 (Admin) (20 December 2023)
High Court (Chancery Division)
Clapham & Ors v Narga [2023] EWHC 3337 (Ch) (22 December 2023)
Asturion Foundation v Alibrahim [2023] EWHC 3305 (Ch) (21 December 2023)
Holden v Holden & Anor [2023] EWHC 3292 (Ch) (20 December 2023)
High Court (Commercial Court)
Galliani & Anor v Sartori & Ors [2023] EWHC 3306 (Comm) (21 December 2023)
High Court (Family Division)
MB v KB & Ors (Costs) [2023] EWHC 3299 (Fam) (21 December 2023)
High Court (King’s Bench Division)
GWS & Ors v St Thomas Becket Catholic Primary School [2023] EWHC 3321 (KB) (22 December 2023)
Bennion v Adventure Parc Snowdonia Ltd [2023] EWHC 3334 (KB) (21 December 2023)
Ullah v Ullah & Anor [2023] EWHC 3313 (KB) (21 December 2023)
Manning v DNATA Catering UK Ltd [2023] EWHC 3302 (KB) (21 December 2023)
Stokoe Partnership Solicitors v Grayson & Ors [2023] EWHC 3273 (KB) (21 December 2023)
Probyn v Noordin [2023] EWHC 3314 (KB) (21 December 2023)
High Court (Technology and Construction Court)
Municipio de Mariana & Ors v BHP Group (UK) Ltd & Anor [2023] EWHC 3281 (TCC) (21 December 2023)
Source: www.bailii.org
‘Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246. We first saw this very sad case on first instance in the High Court. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since 1965. Ms Mailley had lived at the property since she was 11 years old and was now 68.’
Nearly Legal, 30th December 2023
Source: nearlylegal.co.uk
‘Cottam & Ors v Lowe Management Ltd (HOUSING – RENT REPAYMENT ORDER – statutory definitions of “person managing” and “person in control of” an HMO) (2023) UKUT 306 (LC). This is a quite significant Upper Tribunal decision on a rent repayment order application appeal on the statutory meaning of “person managing” and “person in control” of an HMO, with an interesting other issue on the effect of the owner of the property being a “health service body” for the purposes of Schedule 14 Housing Act 2004.’
Nearly Legal, 30th December 2023
Source: nearlylegal.co.uk
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