BAILII: Recent Decisions
Court of Appeal (Civil Division)
Delo, R (On the Application Of) v Information Commissioner [2023] EWCA Civ 1141 (10 October 2023)
Dnanudge Ltd v Ventura Capital GP Ltd [2023] EWCA Civ 1142 (09 October 2023)
High Court (Administrative Court)
Jozsa v Tribunal of Szekesfehervar, Hungary [2023] EWHC 2404 (Admin) (10 October 2023)
Wales High Court (Chancery Division)
B&M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd (Rev1) [2023] EWHC 2495 (Ch) (10 October 2023)
McMonagle v Harvey & Ors [2023] EWHC 2406 (Ch) (06 October 2023)
Patricot v Adrian Lee & Partners [2023] EWHC 2493 (Ch) (05 October 2023)
High Court (Commercial Court)
JOL & Anor v JPM [2023] EWHC 2486 (Comm) (09 October 2023)
High Court (Family Division)
SP v DM (Re Costs) [2023] EWHC 2482 (Fam) (06 October 2023)
High Court (King’s Bench Division)
High Court (Technology and Construction Court)
Entertainment Apps Ltd v Patel & Ors [2023] EWHC 2498 (TCC) (10 October 2023)
J & B Hopkins Ltd v A & V Building Solution Ltd [2023] EWHC 2475 (TCC) (06 October 2023)
Source: www.bailii.org
Rent increase and creation of a new tenancy – Nearly Legal
‘Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell & Shoreditch. 19 April 2023. The late Mr & Mrs Desir had an assured tenancy from Tower Hamlets Community Housing. They both died in March 2020. Their daughter, Ms S Desir, applied to succeed on the basis of having lived there and having been her parents’ carer for the last 10 years. THCH made several demands for further evidence, and served notice to quit on the property and on the Public Trustee. THCH then brought the present possession proceedings, despite not having made a decision on succession.’
Nearly Legal, 8th October 2023
Source: nearlylegal.co.uk
UK public cloud infrastructure services market investigation opened – OUT-LAW.com
‘An in-depth investigation has been opened by the Competition and Markets Authority (CMA) to determine whether competition is working well in the UK public cloud infrastructure services market. The investigation has been spurred by a referral made by another UK regulator.’
OUT-LAW.com, 10th October 2023
Source: www.pinsentmasons.com
Judge rejects bid by boating groups for judicial review challenge over plans for increased mooring fees – Local Government Lawyer
‘A High Court judge has rejected an application for judicial review over plans by Mayor Marvin Rees’ Cabinet at Bristol City Council to increase mooring fees in Bristol Harbour.’
Local Government Lawyer, 10th October 2023
Source: www.localgovernmentlawyer.co.uk
Court of Appeal allows appeal by council in case where fact-finding process in care proceedings “went wrong” – Local Government Lawyer
‘The Court of Appeal has allowed an appeal by a local authority and remitted for rehearing a case concerning findings of fact in care proceedings.’
Local Government Lawyer, 10th October 2023
Source: www.localgovernmentlawyer.co.uk
Speech by Max Hill KC, DPP, to the JUSTICE Annual Human Rights Law Conference – Crown Prosecution Service
‘Speech by Max Hill KC, DPP, to the JUSTICE Annual Human Rights Law Conference.’
Crown Prosecution Service, 6th October 2023
Source: www.cps.gov.uk
Coroner calls for tighter regulation on cold water therapy industry – BBC News
‘A coroner has voiced concerns over the lack of regulation and safety checks for cold water therapy sessions after the death of a woman in Derbyshire.’
BBC News, 11th October 2023
Source: www.bbc.co.uk
Review finds safeguarding failures over Sussex killing of man by girl, 14 – The Guardian
‘An inquiry into the circumstances leading to the manslaughter of a 24-year-old man by a 14-year-old girl has found “a failure of the system as a whole” to protect her and her victim.’
The Guardian, 10th October 2023
Source: www.theguardian.com
Wandsworth Prison unsafe and inhumane – watchdog report – BBC News
‘A men’s prison in south-west London has been deemed “unsafe and inhumane”, a watchdog report has warned.’
BBC News, 11th October 2023
Source: www.bbc.co.uk
Expert evidence and fine margins in boundary disputes – Goodmans Autos Limited v Maverstone Properties Limited [2023] EWHC 1882 (KB) – Gatehouse Chambers
‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’
Gatehouse Chambers, 15th September 2023
Source: gatehouselaw.co.uk
MXX v A Secondary School [2023] EWCA Civ 996 – 3PB
‘In the ever-increasing cases concerning grooming/abuse, the Court of Appeal’s decision provides helpful guidance in the context of work experience employment and vicarious liability.’
3PB, 5th September 2023
Source: www.3pb.co.uk
Applications for Non-Molestation Orders: What to Expect – Becket Chambers
‘Applications for Non-Molestation Orders are a staple diet of courts up and down the country. Many of those responding to an application for a Non-Molestation Order are litigants in person, so they do not have the benefit of legal advice. This article is designed to assist those people by setting out what to expect from the process and the factors to be considered. As this article is designed primarily to assist those without a solicitor or barrister available to them, legal language, statute and caselaw will be kept to a minimum. Not everything will be covered within the article, but hopefully it will be a useful overview to those responding to an application for a Non-Molestation Order against them.’
Becket Chambers, 1st September 2023
Source: becket-chambers.co.uk
Perverting the course of justice: an overview of the incoming sentencing guidelines – Guildhall Chambers
‘New sentencing guidelines for the offence of perverting the course of justice will come into effect next month. These guidelines will apply to all defendants sentenced from 1st October 2023 onwards, irrespective of the date of the offence.’
Guildhall Chambers, 25th September 2023
Source: www.guildhallchambers.co.uk
Reforming Compensation for Wrongful Conviction – Mountford Chambers
‘Having spent 17 years in prison and 20 years fighting to clear his name, one imagines that after the relief of having done so, Andy Malkinson’s next focus is on rebuilding his life.’
Mountford Chambers, 8th September 2023
Source: www.mountfordchambers.com
Article by Jonathan McDonnell: CPR r.55.8: the Defence failed to raise grounds which appeared to be substantial – Park Square Barristers
‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’
Park Square Barristers, 14th September 2023
Source: www.parksquarebarristers.co.uk
Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers
‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’
Tanfield Chambers, 15th September 2023
Source: www.tanfieldchambers.co.uk
Caring for unaccompanied children – Law Society’s Gazette
‘In a sorry adjunct to the debate on the government’s asylum and immigration policies, the recent High Court case of R(ECPAT) v Kent County Council & others [2023] EWHC 1953 (Admin) has provided a concerning insight into the government’s approach to the reception of children into the UK who have no adult to accompany or care for them.’
Law Society's Gazette, 6th October 2023
Source: www.lawgazette.co.uk
