BAILII: Recent Decisions
Court of Appeal (Civil Division)
Frangou v Frangos [2023] EWCA Civ 1320 (10 November 2023)
High Court (Administrative Court)
Ramaswamy v General Medical Council (No. 2) [2023] EWHC 2809 (Admin) (10 November 2023)
LXP, R (On the Application Of) v Central Criminal Court [2023] EWHC 2824 (Admin) (10 November 2023)
High Court (Chancery Division)
Phones 4U Ltd v EE Ltd & Ors [2023] EWHC 2826 (Ch) (10 November 2023)
Richefond & Ors v Dillon & Ors [2023] EWHC 2796 (Ch) (10 November 2023)
Chedington Events Ltd v Brake & Anor [2023] EWHC 2804 (Ch) (10 November 2023)
Evans v McTeare & Ors [2023] EWHC 2828 (Ch) (10 November 2023)
High Court (Commercial Court) Decisions
Al Jaber v Al Ibrahim & Anor [2023] EWHC 2831 (Comm) (10 November 2023)
High Court (King’s Bench Division)
Amjad v UK Insurance Ltd [2023] EWHC 2832 (KB) (10 November 2023)
Source: www.bailii.org
Court of Appeal adds additional hurdle to pension trustees recouping payments – OUT-LAW.com
‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’
OUT-LAW.com, 10th November 2023
Source: www.pinsentmasons.com
How should schools and colleges investigate allegations of sexual assault against its staff? – Local Government Lawyer
‘Investigating allegations against staff is one of the most challenging issues for schools and colleges. Some lessons can be learned from a recent case, writes Joanne Moseley.’
Local Government Lawyer, 10th November 2023
Source: www.localgovernmentlawyer.co.uk
Explaining Churchill v Merthyr Tydfil County – Local Government Lawyer
‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’
Local Government Lawyer, 10th November 2023
Source: www.localgovernmentlawyer.co.uk
AI helps lawyers complete work quicker, study finds – Legal Futures
‘A groundbreaking study has found that using generative AI to support, rather than replace, humans results in “large and consistent increases in speed” in completing legal tasks.’
Legal Futures, 13th November 2023
Source: www.legalfutures.co.uk
Man who sexually targeted woman with dementia jailed – Crown Prosecution Service
‘A man who sexually assaulted a 93-year-old woman with dementia while employed to deliver hot meals to elderly and vulnerable people has been jailed.’
Crown Prosecution Service, 10th November 2023
Source: www.cps.gov.uk
Right-wing supremacist sentenced over plot to kill worshipping Muslims while disguised as armed police officer – Crown Prosecution Service
‘A teenage right-wing supremacist has been sentenced to 10 years’ imprisonment after he was convicted of planning to disguise himself as an armed police officer and kill Muslims worshipping at nearby mosques.’
Crown Prosecution Service, 10th November 2023
Source: www.cps.gov.uk
News focus: Media Bill fails to address SLAPPs – Law Society’s Gazette
‘While the king’s speech pledged “legislation to protect public interest journalism”, a new Media Bill fails to address SLAPPs. This has sparked renewed calls to extend corrective measures beyond economic crime.’
Law Society's Gazette, 10th November 2023
Source: www.lawgazette.co.uk
Royal Mail fined £5.6m by UK regulator for missing delivery targets – The Guardian
‘Royal Mail has been fined £5.6m by the regulator for missing its first- and second-class delivery targets.’
The Guardian, 13th November 2023
Source: www.theguardian.com
South Gloucestershire families needing respite care failed by council – BBC News
‘Almost a third of families with SEND children needing respite care have been failed by a council, according to a watchdog.’
BBC News, 12th November 2023
Source: www.bbc.co.uk
Prince Harry wins latest stage in case against Mail publisher – BBC News
‘The Duke of Sussex can go ahead with claims against Associated Newspapers of unlawfully obtaining information, as a court ruling opens the way for a trial.’
BBC News, 11th November 2023
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2023/1196 – The Feed Additives (Authorisations) (England) Regulations 2023
SI 2023/1192 – The Customs (Tariff and Miscellaneous Amendments) (No. 2) Regulations 2023
SI 2023/1184 – The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2023
SI 2023/1193 – The Trade Union Act 2016 (Commencement No. 6) Regulations 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Evans v Barclays Bank Plc & Ors (Rev1) [2023] EWCA Civ 876 (09 November 2023)
Secretary of State for Work and Pensions v AT [2023] EWCA Civ 1307 (08 November 2023)
High Court (Administrative Court)
Onwude v General Medical Council [2023] EWHC 2807 (Admin) (09 November 2023)
High Court (Chancery Division)
Ashraf v Attarian & Anor [2023] EWHC 2800 (Ch) (09 November 2023)
Ieropoullos v Wilson [2023] EWHC 2814 (Ch) (09 November 2023)
High Court (Commercial Court)
Chowgule & Company Private Ltd & Anor v Shirke & Ors [2023] EWHC 2815 (Comm) (09 November 2023)
Episo 4 Pilgrim Holding SARL & Anor v Davies [2023] EWHC 2797 (Comm) (09 November 2023)
High Court (Family Division)
C, Re (Change of Forename: Child in Care) [2023] EWHC 2813 (Fam) (09 November 2023)
High Court (King’s Bench Division)
Ward v Oxford University Hospitals NHS Foundation Trust [2023] EWHC 2803 (KB) (09 November 2023)
Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2023] EWHC 2794 (KB) (09 November 2023)
Source: www.bailii.org
Court of Appeal backs taxpayer in share exchange anti-avoidance case – OUT-LAW.com
‘The Court of Appeal in England has backed a taxpayer over its restructuring of a corporate transaction to facilitate tax savings on a share exchange scheme, confirming the earlier decisions of the tax tribunals.’
OUT-LAW.com, 10th November 2023
Source: www.pinsentmasons.com
Court of Appeal to conclude hearing on compulsory ADR – Legal Futures
‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’
Legal Futures, 10th November 2023
Source: www.legalfutures.co.uk
Possession of nitrous oxide is now illegal – Home Office
‘Possession of “laughing gas” is now illegal with repeat serious users facing up to 2 years in prison and dealers up to 14 years.’
Home Office, 8th November 2023
Source: www.gov.uk
Five men sentenced for bribery and corruption that resulted in a loss of over £400,000 – Crown Prosecution Service
‘Five men have been sentenced today (9 November 2023) over waste disposal contracts that resulted in losses of around £417,000 to Cardiff City Council.’
Crown Prosecution Service, 9th November 2023
Source: www.cps.gov.uk