Girton crash: Driver jailed for killing cyclist, Isla Cochrane, 14 – BBC News
‘A speeding driver who killed a 14-year-old cyclist when he oversteered and mounted a bike path has been jailed.’
BBC News, 19th December 2023
Source: www.bbc.co.uk
Chestnuts Old and New – Hailsham Chambers
‘As we all know, the Judgments Act 1832 (s.17) and orders made under it prescribe the rate of interest ordinarily payable on a judgment debt. The rate, which is rarely changed, used normally to be significantly higher than the likely cost to an ordinary borrower of borrowing. One can say that, as a matter of both principle and commercial sense, the judgment creditor should be paid by the judgment debtor at least as much interest as the creditor may be
losing by any delay, and that it should be made more expensive for the judgment debtor to delay payment rather than to pay promptly. (The problem has yet to be addressed that in the wider world the rates of interest payable by private individuals on overdrafts or credit cards substantially exceed the Judgments Act rate).’
Hailsham Chambers, 28th November 2023
Source: www.hailshamchambers.com
Case Preview: Argentum Exploration Ltd v Republic of South Africa – UKSC Blog
‘In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v Republic of South Africa (Appellant).’
UKSC Blog, 19th December 2023
Source: ukscblog.com
Family Law Newsletter #02 – Spire Barristers
‘Family Law Newsletter 02; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, 28th November 2023
Source: www.spirebarristers.co.uk
Toxic Torts – Law Pod UK
‘Join chemist Professor Roy Harrison and environmental law silk David Hart, for a review of recent personal injury lawsuits where claimants seek damages for exposure to toxic substances. Despite the technical challenges, this litigation is key to environmental protection.’
Law Pod UK, 18th December 2023
Source: audioboom.com
The New Dilemma: Can Artificial Intelligence Replace Professionals in Courts and Write Judgments in Public Law? – Lamb Chambers
‘When discussing AI’s role in replacing advocates and writing judgments in public law cases, it is important to recognise that this involves speculation about how AI’s future development, and is not rooted in AI’s current technological capabilities.’
Lamb Chambers, 8th November 2023
Source: www.lambchambers.co.uk
Deliberating about deliberate concealment and recklessness – Hailsham Chambers
‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’
Hailsham Chambers, 16th November 2023
Source: www.hailshamchambers.com
Warren Burns: Men who killed man after five-year grudge jailed – BBC News
‘Two cousins who killed a man in a “sickening premeditated attack” at his home having held a grudge against him for five years have been jailed.’
BBC News, 19th December 2023
Source: www.bbc.co.uk
Churchill unties the ‘knotty’ problem posed by Halsey – Littleton Chambers
‘On 29 November 2023 the Court of Appeal gave judgment in the case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which seeks to resolve the difficult issues raised by the earlier Court of Appeal decision in Halsey -v- Milton Keynes General NHS Trust [2004] EWCS Civ 576 [2004] 1 WLR 3002 and specifically the controversial and much criticised comments of Dyson LJ in paragraphs 9 and 10 of his judgment in Halsey to the effect that:
“to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court”…’
Littleton Chambers, 29th November 2023
Source: littletonchambers.com
Adam Johnson: The Neck Guard Debate – Mountford Chambers
‘The tragic death of ice hockey player Adam Johnson on 28 October 2023 has caused considerable shock.’
Mountford Chambers, 6th November 2023
Source: www.mountfordchambers.com
Needs Improvement: Tribunal Quashes Deficient Improvement Notice – Tanfield Chambers
‘Chapters 1 and 2 of the 2004 Act establish a system for the assessment and enforcement of housing standards, by which local authorities are required or empowered to take action (including serving hazard awareness, improvement, or prohibition notices) where they identify category 1 and category 2 hazards in residential premises.’
Tanfield Chambers, 29th November 2023
Source: www.tanfieldchambers.co.uk
Cassandra Somers-Joce: Public Inquiries, the Public Record, and Governmental Accountability – UK Constitutional Law Association
‘“Public inquiries are one of Britain’s only growth industries,” the Financial Times has suggested recently. Research from the Institute for Government demonstrates that there were 69 public inquiries launched between 1990 and 2017, compared with 19 in the previous 30 years. Several high-profile public inquiries are open at time of writing, including the Grenfell Inquiry, the Covid-19 Inquiry, and the Post Office Horizon Inquiry. The near-constant media coverage of the Covid-19 Inquiry, chaired by Baroness Heather Hallett, serves as a reminder of the role that public inquiries play in ensuring accountability and scrutiny. Each week of the Covid-19 Inquiry has painted a fuller picture of governmental decision making during the pandemic. The Covid-19 Inquiry has, however, demonstrated the shortcomings in governmental record-keeping and disclosure, particularly with respect to decisions which were taken via private communications platforms such as WhatsApp.’
UK Constitutional Law Association, 20th December 2023
Source: ukconstitutionallaw.org
Tiger Tiger: West End nightclub fined for caustic soda shot error – BBC News
‘A West End nightclub has been fined for accidentally serving caustic soda with tequila shots rather than salt, Westminster City Council has said.’
BBC News, 19th December 2023
Source: www.bbc.co.uk
Man jailed for murdering ex-partner and dumping body near layby in Derbyshire – The Guardian
‘A man who murdered his ex-partner during an argument and dumped her body near a motorway layby has been jailed for life with a minimum of 17 years.’
The Guardian, 19th December 2023
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
SI 2023/1400 – The Designation of Rural Primary Schools (England) Order 2023
SI 2023/1397 – The Civil Procedure (Amendment No. 4) Rules 2023
SI 2023/1395 – The Civil Jurisdiction and Judgments (Saving Provision) Regulations 2023
SI 2023/1391 – The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023
Source: www.legislation.gov.uk
BAILII: Recent decisions
High Court (Commercial Court)
Trafigura PTE Ltd & Anor v Gupta & Ors [2023] EWHC 3184 (Comm) (15 December 2023)
Boonyaem v Pesons Unknown Category A & Ors [2023] EWHC 3180 (Comm) (14 December 2023)
Doliaa SAS & Anor v Mediterranean Shipping Company SA [2023] EWHC 3165 (Comm) (13 December 2023)
High Court (Family Division)
EC v BM [2023] EWHC 3237 (Fam) (15 December 2023)
MB v KB & Ors [2023] EWHC 3177 (Fam) (13 December 2023)
KH v MB [2023] EWHC 3194 (Fam) (13 December 2023)
D v E [2023] EWHC 3171 (Fam) (11 December 2023)
High Court (King’s Bench Division)
AXA Insurance UK PLC v Kryeziu & Ors [2023] EWHC 3233 (KB) (15 December 2023)
Oluponle v The Home Office (Rev1) [2023] EWHC 3188 (KB) (13 December 2023)
Johnstone v Fawcett’s Garage (Newbury) Ltd [2023] EWHC 3010 (KB) (13 December 2023)
CAX v PQR [2023] EWHC 3198 (KB) (13 December 2023)
High Court (Technology and Construction Court)
Source: www.bailii.org
Deficient enquiries and accommodation pending review – Nearly Legal
‘Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea (2023) EWHC 2913 (Admin). A judicial review of RBKC’s refusal to provide temporary accommodation pending section 202 review of the decision that Mr S was not homeless.’
Nearly Legal, 17th December 2023
Source: nearlylegal.co.uk
Sammy Talalay: The Lord Chancellor, the independence of the judiciary and the rule of law – UK Constitutional Law Association
‘At the beginning of the year, this blog covered the report from the House of Lords Constitution Committee into the Lord Chancellor and the Law Officers, with Conor Casey’s post focusing in particular on the latter. This post aims to ensure that 2023 is bookended by consideration of the issues addressed in the committee’s report – and in the subsequent Lords debate on that report in July – by providing a closer look at the role of the Lord Chancellor.’
UK Constitutional Law Association, 19th December 2023
Source: ukconstitutionallaw.org
Defra’s generic plan for river clean up unlawful – local focus on water bodies needed – UK Human Rights Blog
‘This interesting case concerns a problem endemic to the manner of regulating water bodies under the Water Framework Directive and the regulations passed under it.’
UK Human Rights Blog, 15th December 2023
Source: ukhumanrightsblog.com
