BAILII: Recent Decisions

Posted October 6th, 2023 in law reports by michael

High Court (Administrative Court)

Director of Public Prosecutions v Crown Court at Luton [2023] EWHC 2464 (Admin) (06 October 2023)

PA & Anor, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 2476 (Admin) (06 October 2023)

Social Work England v Fletcher [2023] EWHC 2457 (Admin) (05 October 2023)

Kirklees Council v Secretary of State for Transport [2023] EWHC 2459 (Admin) (05 October 2023)

Social Work England v Farnsworth [2023] EWHC 2455 (Admin) (05 October 2023)

Social Work England v Masinga [2023] EWHC 2456 (Admin) (05 October 2023)

Watton v Cornwall Council [2023] EWHC 2436 (Admin) (04 October 2023)

Asplin v DAS UK Holdings Ltd [2023] EWHC 2321 (Admin) (03 October 2023)

Craighead, R (On the Application Of) v The Secretary of State for Defence [2023] EWHC 2413 (Admin) (03 October 2023)

Fold Hill Foods Ltd, R (On the Application Of) v Food Standards Agency [2023] EWHC 2271 (Admin) (29 September 2023)

Professional Standards Authority for Health and Social Care v General Medical Council & Anor [2023] EWHC 2391 (Admin) (28 September 2023)

High Court (Chancery Division)

Vasami & Anor v Hack & Anor [2023] EWHC 2431 (Ch) (05 October 2023)

Sunset Ltd & Anor v Al-Hindi [2023] EWHC 2443 (Ch) (05 October 2023)

Harrington & Charles Trading Company Ltd & Ors v Mehta & Ors [2023] EWHC 2420 (Ch) (03 October 2023)

Crypto Open Patent Alliance v Wright [2023] EWHC 2408 (Ch) (03 October 2023)

AB & Ors v CD & Ors [2023] EWHC 2419 (Ch) (03 October 2023)

Winter & Anor v Winter [2023] EWHC 2393 (Ch) (29 September 2023)

Akkurate Ltd & Anor v Richmond & Anor [2023] EWHC 2392 (Ch) (28 September 2023)

Amathus Drinks PLC & Ors v EAGK LLP & Anor [2023] EWHC 2312 (Ch) (22 September 2023)

Momenta Holdings (PPI) Ltd v Cheval Legal Ltd & Ors [2023] EWHC 2299 (Ch) (22 September 2023)

High Court (Commercial Court)

French State v London Steam-Ship Owners’ Mutual Insurance Association Ltd (Re Arbitration Act 1996 and an Arbitration) [2023] EWHC 2474 (Comm) (06 October 2023)

London Steam-Ship Owners’ Mutual Insurance Association Ltd v Kingdom of Spain (Re M/T Prestige) [2023] EWHC 2473 (Comm) (06 October 2023)

Granville Technology Group Ltd & Ors v LG Display Co Ltd & Anor [2023] EWHC 2418 (Comm) (04 October 2023)

G v R (In an Arbitration Claim) [2023] EWHC 2365 (Comm) (22 September 2023)

High Court (Family Division)

SP v DM (No. 2) [2023] EWHC 2089 (Fam) (06 October 2023)

Tickle v Father & Ors [2023] EWHC 2446 (Fam) (05 October 2023)

OZ v ML & Ors [2023] EWHC 2412 (Fam) (02 October 2023)

High Court (King’s Bench Division)

AXB v Metwally [2023] EWHC 2470 (KB) (06 October 2023)

Wilson v Emmott [2023] EWHC 2415 (KB) (03 October 2023)

Ghenavat & Ors v Lyons [2023] EWHC 2428 (KB) (03 October 2023)

Herring v [2023] EWHC 1332 (KB) (02 October 2023)

Ali v General Medical Council (Rev1) [2023] EWHC 2400 (KB) (29 September 2023)

Hope Capital Ltd v Alexander Reece Thomson LLP [2023] EWHC 2389 (KB) (27 September 2023)

High Court (Technology and Construction Court)

Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2023] EWHC 2394 (TCC) (28 September 2023)

AZ v BY [2023] EWHC 2388 (TCC) (27 September 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 6th, 2023 in legislation by michael

SI 2023/1063 – The Access to the Countryside (Coastal Margin) (Iwade to Grain) (No. 2) Order 2023

SI 2023/1061 – The Northern Ireland (Ministerial Appointment Functions) (No. 2) Regulations 2023

SI 2023/1057 – The National College for Advanced Transport and Infrastructure (Designated Institution in Further Education and Revocations) (Revocation) Order 2023

SI 2023/1056 – The Windsor Framework (Enforcement etc.) Regulations 2023

SI 2023/1055 – The Agriculture and Horticulture Development Board (Amendment) Order 2023

SI 2023/1054 – The Sea Fisheries (Amendment) (England) Regulations 2023

SI 2023/1052 – The Building (Restricted Activities and Functions) (England) Regulations 2023

SI 2023/1051 – The Power to Award Degrees etc. (Hult International Business School Ltd) Order 2023

SI 2023/1050 – The Customs (Northern Ireland) (EU Exit) Regulations 2020 (Appointed Day) Regulations 2023

SI 2023/1049 – The Forensic Science Regulator Act 2021 (Commencement No. 2) Regulations 2023

SI 2023/1048 – The Export Control (Amendment) (No. 2) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 6th, 2023 in law reports by michael

Supreme Court

Chief Constable of the Police Service of Northern Ireland & Anor v Agnew & Ors (Northern Ireland) [2023] UKSC 33 (04 October 2023)

Smith & Anor v Royal Bank of Scotland plc [2023] UKSC 34 (04 October 2023)

Court of Appeal (Civil Division)

Khan v Singh-Sall & Anor [2023] EWCA Civ 1119 (06 October 2023)

Mints & Ors v PJSC National Bank Trust & Anor [2023] EWCA Civ 1132 (06 October 2023)

Mercy Global Consult Ltd v Adegbuyi-Jackson & Ors [2023] EWCA Civ 1073 (04 October 2023)

Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2023] EWCA Civ 1120 (04 October 2023)

S (Children: Findings of Fact) [2023] EWCA Civ 1113 (04 October 2023)

Diag Human SE & Anor v Volterra Fietta (Re Assessment Under Part III Solicitors Act 1974) [2023] EWCA Civ 1107 (04 October 2023)

CA Indosuez (Switzerland) SA v Afriquia Gaz SA & Anor [2023] EWCA Civ 1072 (28 September 2023)

Ahmed v Secretary of State for the Home Department [2023] EWCA Civ 1087 (28 September 2023)

St George’s University Hospitals NHS Foundation Trust v Casey & Ors [2023] EWCA Civ 1092 (27 September 2023)

Court of Appeal (Criminal Division)

Butt & Anor, R. v [2023] EWCA Crim 1131 (06 October 2023)

BKY & Ors, R. v [2023] EWCA Crim 1095 (29 September 2023)

Ginar, R. v [2023] EWCA Crim 1121 (26 September 2023)

Baginski, R. v [2023] EWCA Crim 1106 (22 September 2023)

Bryant, R v [2023] EWCA Crim 1126 (20 September 2023)

Mallen, R. v [2023] EWCA Crim 1124 (19 September 2023)

Ellwood, R v [2023] EWCA Crim 1114 (19 September 2023)

Griffin, R v [2023] EWCA Crim 1111 (19 September 2023)

Agate, R. v [2023] EWCA Crim 1081 (08 September 2023)

Smith, R. v [2023] EWCA Crim 1097 (08 September 2023)

Source: www.bailii.org

Worker sent home for wearing ‘short dress’ wins sex harassment case – Daily Telegraph

Posted October 6th, 2023 in employment, employment tribunals, equality, harassment, news, sex discrimination, women by michael

‘Levinna Ola said she felt “traumatised, embarrassed and degraded” by comments made by her bosses at NHS pharmacy about her outfits.’

Full Story

Daily Telegraph, 5th October 2023

Source: www.telegraph.co.uk

Judge lets anorexic woman choose death – Daily Telegraph

Posted October 6th, 2023 in Court of Protection, families, food, medical treatment, mental health, news by michael

‘A 24-year-old woman with anorexia has been allowed to choose to die by a judge despite “lacking capacity to take decisions concerning her medical treatment”.’

Full Story

Daily Telegraph, 5th October 2023

Source: www.telegraph.co.uk

Queen assassin case exposes ‘fundamental flaws’ in AI – The Independent

Posted October 6th, 2023 in artificial intelligence, imprisonment, mental health, news, royal family, sentencing, treason by michael

‘The case of a would-be crossbow assassin exposes “fundamental flaws” in artificial intelligence (AI), a leading online safety campaigner has said.’

Full Story

The Independent, 6th October 2023

Source: www.independent.co.uk

Man who broke into Windsor Castle with crossbow to kill Queen jailed for nine years – The Guardian

Posted October 6th, 2023 in artificial intelligence, imprisonment, mental health, news, royal family, sentencing, treason by michael

‘A man who broke into Windsor Castle with a loaded crossbow to kill Queen Elizabeth in 2021 has been sentenced to nine years in jail, with a further five years on extended licence.’

Full Story

The Guardian, 5th October 2023

Source: www.theguardian.com

MPs and peers call for ‘immediate stop’ to live facial recognition surveillance – The Guardian

Posted October 6th, 2023 in artificial intelligence, facial mapping, news, parliament, police, privacy by michael

‘Dozens of cross-party MPs and peers have joined a campaign for an “immediate stop” to the use of live facial recognition surveillance by police and private companies.’

Full Story

The Guardian, 6th October 2023

Source: www.theguardian.com

Dorset police officer Ravi Canhye jailed for rape and sexual assault – BBC News

Posted October 6th, 2023 in abuse of position of trust, alcohol abuse, imprisonment, news, police, rape, sentencing, sexual offences by michael

‘A “predatory” police officer who raped one woman and sexually assaulted another has been jailed for 16-and-a-half years.’

Full Story

BBC News, 5th October 2023

Source: www.bbc.co.uk

King’s Coronation: 21 people arrested face no further action, Met says – BBC News

Posted October 6th, 2023 in demonstrations, news, nuisance, police, public order, royal family by michael

‘Some 21 people who were arrested at the King’s Coronation will face no further action, the Met Police has said.’

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BBC News, 5th October 2023

Source: www.bbc.co.uk

High Court rules on legal challenge to Government’s Storm Overflow Discharge Reduction Plan – Garden Court Chambers

Posted October 5th, 2023 in chambers articles, environmental protection, human rights, news, water by sally

‘In this judgment, Mr Justice Holgate addressed a challenge brought by the Marine Conservation Society (MCS), Richard Haward’s Oysters and Hugo Tagholm against the Government’s Storm Overflow Discharge Reduction Plan (the Plan).’

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Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

Talking Pensions Ep10 – Pensions Barrister

Posted October 5th, 2023 in archives, news, pensions, podcasts by sally

‘In this episode, Paul talks to Jeff Highfield, former Head of Finance at the PPF and now chair of the Pensions Archive Trust, about the work of the trust in archiving material from private pension schemes.’

Full Story

Pensions Barrister, 4th October 2023

Source: www.pensionsbarrister.com

Sara Sharif: Safeguarding review launched into girl’s death – BBC News

Posted October 5th, 2023 in children, families, murder, news by sally

‘A safeguarding review will take place into the death of Sara Sharif, it has been announced.’

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BBC News, 4th October 2023

Source: www.bbc.co.uk

CPS updates guidance on mercy killings and failed suicide pacts – The Independent

Posted October 5th, 2023 in Crown Prosecution Service, euthanasia, homicide, news, suicide by sally

‘The Crown Prosecution Service (CPS) has updated its homicide guidance, specifically addressing mercy killings and failed suicide pacts, in order to increase transparency on “how prosecutors think and decide”.’

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The Independent, 11th October 2023

Source: www.independent.co.uk

Thousands of refugees could be made homeless in UK’s asylum backlog clearance – The Guardian

Posted October 5th, 2023 in asylum, delay, homelessness, news, refugees by sally

‘More than 50,000 refugees in the UK could be made homeless by the end of the year unless ministers take urgent steps to support them as it clears the asylum backlog, the British Red Cross has warned.’

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The Guardian, 5th October 2023

Source: www.theguardian.com

‘Animal’ Dorset Police officer guilty of raping friend – BBC News

Posted October 5th, 2023 in alcohol abuse, assault, news, police, rape, sexual offences by sally

‘A police officer has been found guilty of raping a friend who accused him of abusing her “like an animal”.’

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BBC News, 4th October 2023

Source: www.bbc.co.uk

UK kick off domestic data protection law shift – OUT-LAW.com

Posted October 5th, 2023 in brexit, data protection, EC law, human rights, news, regulations by sally

‘Forthcoming changes to the basis of UK data protection law, although likely to be of minor practical impact, nevertheless represent an important shift in the lens through which domestic data protection legislation is viewed.’

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OUT-LAW.com, 4th October 2023

Source: www.pinsentmasons.com

Thomas Horsley: Managing the External Effects of Devolved Legislation: Virtual Representation, Self-Rule and the UK’s Territorial Constitution – UK Constitutional Law Association

Posted October 5th, 2023 in bills, constitutional law, judicial review, news, Scotland, Supreme Court, transgender persons by sally

‘The Scottish Government is presently seeking judicial review of the UK Government’s decision to block Royal Assent for the Gender Recognition Reform (Scotland) Bill (GRRB) using s.35 of the Scotland Act 1998 (SA). The Court of Session’s decision, which may yet end up before the UK Supreme Court on appeal, is eagerly awaited, not least given the electricity of political debates over gender recognition and its reform in Scotland and elsewhere.’

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UK Constitutional Law Association, 5th October 2023

Source: ukconstitutionallaw.org

Holiday pay ruling ‘entitles many UK workers to thousands in unfairly deducted wages’ – The Guardian

Posted October 5th, 2023 in holiday pay, news, Northern Ireland, police, remuneration, Supreme Court by sally

‘Many UK workers could be entitled to thousands of pounds “unfairly” deducted from their pay after a supreme court decision, according to unions.’

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The Guardian, 4th October 2023

Source: www.theguardian.com

New legislation could introduce electronic wills “immediately” – Legal Futures

Posted October 5th, 2023 in civil partnerships, consultations, electronic filing, Law Commission, marriage, news, wills by sally

‘A new Wills Act could permit electronic wills to be introduced “immediately”, rather than enabling the Lord Chancellor to introduce them by statutory instrument at some point in the future, the Law Commission has said.’

Full Story

Legal Futures, 5th October 2023

Source: www.legalfutures.co.uk