Significant Cases of 2023 – Law Pod UK
‘Lucy McCann, Rosalind English and Jon Metzer discuss a selection of significant legal cases from the UK over the past year.’
Law Pod UK, 4th January 2024
Source: audioboom.com
Sutton: Three jailed for abusing care home residents with learning disabilities – BBC News
‘Three carers have been jailed after being convicted of abusing care home residents in south London.’
BBC News, 4th January 2024
Source: www.bbc.co.uk
Head of Britain’s police chiefs says force ‘institutionally racist’ – The Guardian
‘The leader of Britain’s police chiefs’ organisation has become the most senior serving leader to say that policing is institutionally racist, as he called for a fundamental redesign of national policies and practices to eliminate discrimination.’
The Guardian, 5th January 2024
Source: www.theguardian.com
Edward Little: Sentence increased for Hyde Park gun attack plotter – BBC News
‘A man who planned a gun attack at central London’s Hyde Park has had his jail sentence increased.’
BBC News, 4th January 2024
Source: www.bbc.co.uk
CDE v Surrey and Sussex Healthcare NHS Trust; the material contribution elephant in the room – 12 King’s Bench Walk
‘Andrew Roy KC considers the implications of the Court of Appeal’s recent decision CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 in respect of the vexed and important issue of material contribution.’
12 King's Bench Walk, 22nd November 2023
Source: clinicalnegligence.blog
The mirror crack’d from side to side: Dalton’s application for judicial review [2023] UKSC 36 – UK Human Rights Blog
‘In Lord Tennyson’s Arthurian ballad ‘The Lady of Shalott’, the eponymous heroine is stranded in her island castle. Continually weaving a web in her loom of the reflections of the outside world she sees in her mirror, she knows she will be cursed if she stops and looks out to nearby Camelot. But one day, Sir Lancelot rides by her castle and she abandons her loom and looks outside. Her mirror cracks “from side to side” and she is cursed. She leaves her castle and floats down to Camelot in a boat, dying before she reaches it.’
UK Human Rights Blog, 5th January 2024
Source: ukhumanrightsblog.com
Newcastle United fan banned for three years over Munich chants – BBC News
‘A football supporter who made drunken comments about the Munich air disaster has been banned from attending matches for three years.’
BBC News, 4th January 2024
Source: www.bbc.co.uk
Applications for deprivation of liberty under MCA up by less than 1% compared to same quarter in 2022, but orders nearly double – Local Government Lawyer
‘There were 1,655 applications relating to deprivation of liberty under the Mental Capacity Act made in the most recent quarter (July to September 2023), an increase of less than 1% on the number made in the same quarter in 2022, government data has revealed.’
Local Government Lawyer, 4th January 2024
Source: www.localgovernmentlawyer.co.uk
Tribunal doubles costs award against “unreasonable” CIty firm staffer – Legal Futures
‘A former employee of City giant Hogan Lovells tried to cause “maximum disruption” to the law firm in bringing employment tribunal proceedings, “perhaps as some form of revenge for his dismissal”, a judge has ruled.’
Legal Futures, 5th January 2024
Source: www.legalfutures.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Gleeson v Social Work England [2024] EWHC 3 (Admin) (02 January 2024)
High Court (Patents Court
Sandoz AG & Ors v Bayer Intellectual Property GmbH [2023] EWHC 3276 (Pat) (08 December 2023)
Source: www.bailii.org
Hitting the high spots: 2023 in construction law – Atkin Chambers
‘In an article published today by Building Magazine, Rupert Choat KC looks at the legal highlights of 2023 in construction law, which include a case on a high-up viewing platform and a new regime for high-rise residences.’
Atkin Chambers, 18th December 2023
Source: www.atkinchambers.com
Jus Spatiandi after Dewhurst v Hodge – New Square Chambers
‘This case involved the registration of a prescriptive right way to a residential property. The right of way sought to be registered was described in box 9 of the ST4 accompanying the AP1 application form dated 22nd May 2020 as:
“A right of way by foot in the field immediately to the south-east of the boundary of WA452860 being part of CYM717554 as marked in green on the attached plan marked as PLAN 3”.’
New Square Chambers, 8th December 2023
Source: www.newsquarechambers.co.uk
Ombudsman overpayment determination – Pensions Barrister
‘The Pensions Ombudsman (TPO) has published his first determination since the Court of Appeal’s decision in The Pensions Ombudsman v CMG Pension Trustees Ltd [2023] EWCA Civ 1258 of a complaint by a scheme member relating to the recovery of overpaid benefits from his future pension payments.’
Pensions Barrister, 4th January 2024
Source: www.pensionsbarrister.com
Personal Injury: In the face of uncertainty – 3 Hare Court
‘In Mathieu v Hinds [2022] EWHC 924, [2022] All ER (D) 66 (Apr) the High Court (Hill J) considered the vexed question of the appropriate method of assessing future loss of earnings where the loss is subject to multiple uncertain contingencies. The case reflects a developing trend of moving away from broad-brush lump-sum ‘Blamire awards’ towards assessment on the more conventional multiplier/multiplicand approach (the multiplier approach).’
3 Hare Court, 10th November 2023
Source: www.3harecourt.com
Junior doctor’s appeal against factual findings of sexual misconduct dismissed and limited weight afforded to good character: Shabir v General Medical Council [2023] EWHC 17 – 2 Hare Court
‘In a judgment handed down on 13 July 2023, Mrs Justice Hill dismissed Dr Shabir’s appeal under s40 of the Medical Act 1983 against the finding of facts of the Medical Practitioners Tribunal (“the Tribunal”) which resulted in his erasure from the medical register.’
2 Hare Court, 5th December 2024
Source: www.2harecourt.com
Prison Overcrowding: A review of recent court of appeal cases, past and future legislative changes – 2 Hare Court
‘The number of people currently held in prison in England and Wales is at record levels. On 19 October 2023, according to figures released by the Ministry of Justice, 88,225 people were held in the prison estate.’
2 Hare Court, 29th November 2023
Source: www.2harecourt.com
FemTech: Top data protection tips for period and fertility-tracking apps – Mills & Reeve
‘Following the announcement by the Information Commissioner’s Office (ICO) of their review into how period and fertility-tracking apps process user information, my data protection colleagues David Hall and Robert Beveridge, carried out an assessment of the data protection compliance of a small sample of apps and provide their top tips for FemTech app providers.’
Mills & Reeve, 3rd January 2024
Source: www.mills-reeve.com
Case Comment: London Borough of Merton Council v Nuffield Health [2023] UKSC 18 – UKSC Blog
‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, comments on the decision by the Supreme Court in London Borough of Merton Council v Nuffield Health [2023] UKSC 18. The issue before the Supreme Court was whether Nuffield Health is entitled to mandatory relief from non-domestic rates in respect of its occupation of its members-only gym under the Local Government Finance Act 1988.’
UKSC Blog, 3rd January 2024
Source: ukscblog.com
Courts will continue to shape building safety law in 2024 – OUT-LAW.com
‘Construction companies should expect the courts in England and Wales to be sympathetic to building safety claims in 2024.’
OUT-LAW.com, 3rd January 2024
Source: www.pinsentmasons.com
Judicial review launched over planning inspector decision to allow oil drilling operation in Lincolnshire – Local Government Lawyer
‘A planning inspector’s decision to overturn Lincolnshire County Council’s refusal of permission for further oil drilling in a village has been subject to a judicial review application.’
Local Government Lawyer, 3rd January 2024
Source: www.localgovernmentlawyer.co.uk
