BAILII: Recent Decisions
Court of Appeal (Civil Division)
VA, Re (Medical Treatment) [2023] EWCA Civ 1190 (13 October 2023)
High Court (Administrative Court)
Barrett v Welsh Ministers (Rev1) [2023] EWHC 2503 (Admin) (13 October 2023)
High Court (Chancery Division)
High Court (Family Division)
High Court (King’s Bench Division)
Aaronson v Stones [2023] EWHC 2399 (KB) (13 October 2023)
Giaquinto & Ors v ITI Capital Ltd [2023] EWHC 2467 (KB) (13 October 2023)
Source: www.bailii.org
Homelessness and evidence – Nearly Legal
‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’
Nearly Legal, 15th October 2023
Source: nearlylegal.co.uk
UK Mandatory Disclosure Rules (MDR) for cross-border tax avoidance arrangements – OUT-LAW.com
‘New UK rules requiring disclosure of cross-border tax avoidance arrangements have been introduced to replace DAC6, the EU’s mandatory disclosure regime. Under the new Mandatory Disclosure Rules (MDR), disclosure has been extended to include arrangements wholly outside the UK/EU.’
OUT-LAW.com, 13th October 2023
Source: www.pinsentmasons.com
Thousands more eligible for financial help with court fees – Ministry of Justice
‘The most vulnerable in society will be better supported to access justice following an expansion of a scheme to help people with court and tribunal fees.’
Ministry of Justice, 16th October 2023
Source: www.gov.uk
CPS prosecution guidance on protests and demonstrations in light of the Middle East conflict – Crown Prosecution Service
‘The CPS is aware that following the recent disturbing events in the Middle East, the public and many different communities may be concerned about protests or demonstrations. The CPS recognises that whilst in the main demonstrations and protests will be peaceful and lawful, there may be incidents of public disorder and it is possible that some individuals may commit criminal offences.’
Crown Prosecution Service, 13th October 2023
Source: www.cps.gov.uk
Coroners’ warning loophole branded a ‘systemic scandal’ amid calls for overhaul – The Independent
‘Bereaved families have branded a loophole over coroners’ warnings on preventable deaths a “systemic scandal” and called for an independent body to make sure recommendations are implemented.’
The Independent, 16th October 2023
Source: www.independent.co.uk
Charities ‘concerned’ over lack of progress with Renters Reform Bill – BBC News
‘A group of 30 charities and non-profit organisations have urged the Prime Minister to pass a bill to ban “no-fault” evictions.’
BBC News, 16th October 2023
Source: www.bbc.co.uk
Family President issues revised practice guidance on approach of court to unregistered placements – Local Government Lawyer
‘The President of the Family Division, Sir Andrew McFarlane, has published updated guidance on the Court’s approach to unregistered placements for children and young people.’
Local Government Lawyer, 12th October 2023
Source: www.localgovernmentlawyer.co.uk
Met Police: Communities traumatised by stop and search – BBC News
‘A senior Metropolitan Police officer says stop and search, when done poorly, has traumatised communities in London. Deputy Assistant Commissioner Ade Adelekan said the force recognised it needed a “reset”.’
BBC news, 13th October 2023
Source: www.bbc.co.uk
Warminster delivery driver fined £4,560 for fly-tipping – BBC News
‘A delivery driver has been issued with a £4,560 fine for fly-tipping.’
BBC News, 13th October 2023
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2023/1088 – The Chief Inspector of Education, Children’s Services and Skills Order 2023
SI 2023/1086 – The Armed Forces Act 2006 (Continuation) Order 2023
SI 2023/1085 – The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2023
SI 2023/1084 – The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2023
SI 2023/1074 – The Aviation Statistics Regulations 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Target Group Ltd v Revenue and Customs [2023] UKSC 35 (11 October 2023)
Court of Appeal (Civil Division)
Gill v Lees News Ltd [2023] EWCA Civ 1178 (12 October 2023)
Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144 (11 October 2023)
Jwanczuk v Secretary of State for Work and Pensions [2023] EWCA Civ 1156 (11 October 2023)
Court of Appeal (Criminal Division)
Bangash & Anor, R. v [2023] EWCA Crim 1149 (12 October 2023)
High Court (Administrative Court) Decisions
Social Work England v Anderson [2023] EWHC 2519 (Admin) (11 October 2023)
Social Work England v Dean [2023] EWHC 2520 (Admin) (11 October 2023)
High Court (Chancery Division)
Estate of Neil Douglas Archibald & Anor v Stewart & Ors [2023] EWHC 2515 (Ch) (12 October 2023)
Khan v Malik & Anor [2023] EWHC 2529 (Ch) (12 October 2023)
Steel v Spencer Road LLP (t/a The Omerta Group) [2023] EWHC 2492 (Ch) (11 October 2023)
High Court (Commercial Court)
GPGC Ltd v The Government of the Republic of Ghana [2023] EWHC 2531 (Comm) (12 October 2023)
High Court (Family Division)
High Court (King’s Bench Division)
Moore v Somerset Council [2023] EWHC 2544 (KB) (12 October 2023)
Glaser & Anor v Atay [2023] EWHC 2539 (KB) (12 October 2023)
AXB v Metwally [2023] EWHC 2470 (KB) (06 October 2023)
Source: www.bailii.org
Implementation of Jade’s law – Local Government Lawyer
‘Amrita Hurst, Hannah Taylor and Jake Barras look at the questions raised by Justice Secretary Alex Chalk’s plan to implement “Jade’s law”.’
Local Government Lawyer, 13th October 2023
Source: www.localgovernmentlawyer.co.uk
Discharge of care orders – Local Government Lawyer
‘Dr Jo Staines, Dr Jessica Roy and Dr Beth Stone of the University of Bristol set out the issues that arise when applications are made by parents for the discharge of care orders in England and Wales.’
Local Government Lawyer, 13th October 2023
Source: www.localgovernmentlawyer.co.uk
Solicitor dismissed over health problems awarded £1.1m damages – Legal Futures
‘A solicitor whose career in company secretarial work was “thrown severely off course” after being sacked due to having asthma has been awarded damages of £1.1m.’
Legal Futures, 13th October 2023
Source: www.legalfutures.co.uk
Independent Review of Disclosure and Fraud Offences launched – Home Office
‘An independent review into disclosure and fraud, led by Jonathan Fisher KC, has launched to make it quicker and easier to bring criminals to justice.’
Home Office, 12th October 2023
Source: www.gov.uk
‘Major milestone’: CAT to rule on collective action settlement – Law Society’s Gazette
‘A “pioneering” £1.5m settlement has been agreed in a car delivery charges opt-out claim which the Competition Appeal Tribunal will now need to approve – potentially a first for the tribunal in a collective action.’
Law Society’s Gazette, 12th October 2023
Source: www.lawgazette.co.uk