BAILII: Recent Decisions
Supreme Court
Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49 (20 December 2023)
Byers & Ors v Saudi National Bank (Rev1) [2023] UKSC 51 (20 December 2023)
Zubaydah v Foreign, Commonwealth and Development Office and others [2023] UKSC 50 (20 December 2023)
HXA v Surrey County Council [2023] UKSC 52 (20 December 2023)
Court of Appeal (Civil Division)
UK P&I Club NV & Anor v Republica Bolivariana De Venezuela [2023] EWCA Civ 1497 (20 December 2023)
easyGroup Ltd v Easy Live (Services) Ltd & Ors (Rev1) [2023] EWCA Civ 1508 (20 December 2023)
The NOCO Company v Shenzhen Carku Technology Co Ltd [2023] EWCA Civ 1502 (19 December 2023)
Court (Administrative Court)
High Court (Chancery Division)
Crypto Open Patent Alliance v Wright (Re Pre-Trial Review) [2023] EWHC 3287 (Ch) (20 December 2023)
Taylor & Anor v Bank of Scotland PLC [2023] EWHC 3185 (Ch) (19 December 2023)
Price v Nunn [2023] EWHC 3200 (Ch) (19 December 2023)
Morina & Ors v Scherbakova & Ors [2023] EWHC 3253 (Ch) (19 December 2023)
Shokrollah-Babaee v EFG Private Bank Ltd [2023] EWHC 3270 (Ch) (19 December 2023)
IMG Data Ltd v Perform Content Services Ltd [2023] EWHC 3244 (Ch) (19 December 2023)
High Court (Commercial Court)
Aston Martin MENA Ltd v Aston Martin Lagonda Ltd [2023] EWHC 3285 (Comm) (20 December 2023)
Unitel SA v Unitel International Holdings BV & Anor [2023] EWHC 3231 (Comm) (20 December 2023)
Morgan v Sydney Charles Financial Services Ltd [2023] EWHC 3236 (Comm) (19 December 2023)
Williams v Federal Government of Nigeria & Anor [2023] EWHC 3282 (Comm) (19 December 2023)
High Court (Patents Court)
Safestand Ltd v Weston Homes PLC & Ors [2023] EWHC 3250 (Pat) (19 December 2023)
High Court (King’s Bench Division)
Source: www.bailii.org
Griffiths v TUI: Supreme Court Unanimously Allows Appeal – International & Travel Law Blog
‘The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert evidence. In this post, Peter Hale considers the Supreme Court’s decision to overturn the decision of the majority of the Court of Appeal.’
International & Travel Law Blog, 29th November 2023
Litigants-in-person in the Family Court – Devon Chambers
‘Legal aid can be difficult to obtain in private family law proceedings. Many parties now therefore choose to represent themselves.’
Devon Chambers, 4th November 2023
Source: devonchambers.co.uk
A case commentary from Jonathan Holsgrove: Marriage and beneficial interests in POCA – R v Thompson – Park Square Barristers
‘R v Thompson [2023] EWCA Crim 1244, saw the Court of Appeal deal with the issue of how to approach beneficial interests in property where the property is in the sole name of a defendant’s spouse.’
Park Square Barristers, 14th November 2023
Source: www.parksquarebarristers.co.uk
Envrionmental Law News Update – Six Pump Court
‘COP 28 is due to begin on Thursday and already it is not without controversy. First leaked documents have, according to the BBC, revealed plans that the United Arab Emirates had as host of the UN climate talks to discuss fossil fuel deals with 15 nations, including commercial opportunities for its state renewable energy company with the UK.’
Six Pump Court, 30th November 2023
Source: 6pumpcourt.co.uk
The Serious Incident Investigation Report (Root Cause Analysis) is being phased out. Will this benefit patients and what are the implications for clinical negligence litigation? – St John’s Chambers
‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’
St John's Chambers, 30th November 2023
Source: www.stjohnschambers.co.uk
Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths – Ropewalk Chambers
‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’
Ropewalk Chambers, 30th November 2023
Source: ropewalk.co.uk
General Damages for Asbestosis – Ropewalk Chambers
‘An award of damages in an asbestosis claim is reasonably substantial, often in the region of six figures. It is almost always made on a provisional basis, a consequence of which is that, unless the return clauses are activated, special damages are usually lower than general damages. Therefore, the award for general damages is likely to be the main component of the relatively large total award of damages in such claims.’
Ropewalk Chambers, 9th November 2023
Source: ropewalk.co.uk
Alerter by Tim Green KC & Douglas Maxwell – The fundamental reform of product safety? – Henderson Chambers
This article provides a concise summary of the significant changes that are being considered to the UK’s product safety regulation over the next 12 months. In August 2023, the Department for Business and Trade (the “DBT”) and the Office for Product Safety and Standards’ (the “OPSS”) published a Consultation on “Smarter regulation: UK product safety review” (the “Consultation”). The Consultation was part of the Government’s “smarter regulation strategy” and broader regulatory reform of product safety. The Ministerial Forward did not shy away from the potential scale of the changes, stating “fundamental reform is necessary”. The relatively short Consultation window closed on 24 October 2023.’
Henderson Chambers, 3rd November 2023
Source: www.hendersonchambers.co.uk
A newcomer to the world of injunctions – UK Human Rights Blog
‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’
UK Human Rights Blog, 19th December 2023
Source: ukhumanrightsblog.com
GB News: Ofcom rules breached over Don’t Kill Cash campaign – BBC News
‘GB News breached impartiality rules with an episode of The Live Desk, which promoted its branded campaign Don’t Kill Cash, Ofcom has said.’
BBC News, 19th December 2023
Source: www.bbc.co.uk
Canada Square Operations Ltd v Potter [2023] UKSC 41 – New Square Chambers
‘In 2006 Mrs Potter entered into a credit agreement (under the Consumer Credit Act 1974) with Canada Square. She borrowed c.£21K, being a loan of £17K and a PPI premium of £4K (arranged for her by Canada Square). c.£200 was paid to the insurer, with 95% of the premium going to Canada Square, who did not tell Mrs Potter about the commission.’
New Square Chambers, 16th November 2023
Source: www.newsquarechambers.co.uk
Alerter by Thomas Samuels & Thomas Mallon – Canada Square Operations v Potter [2023] UKSC 41 – Henderson Chambers
‘In upholding the Court of Appeal’s outcome, the Supreme Court has fundamentally reformulated the approach to s.32 of the Limitation Act 1980.’
Henderson Chambers, 17th November 2023
Source: www.hendersonchambers.co.uk
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
