BAILII: Recent Decisions

Posted September 14th, 2023 in law reports by sally

High Court (Chancery Division)

Revenue & Customs v Walsh [2023] EWHC 2213 (Ch) (13 September 2023)

Jones v Tracey & Ors (Re Costs) [2023] EWHC 2256 (Ch) (12 September 2023)

High Court (Family Division)

St George’s University Hospitals NHS Foundation Trust v Casey & Ors [2023] EWHC 2244 (Fam) (12 September 2023)

High Court (Technology and Construction Court)

Alun Griffiths (Contractors) Ltd v Carmarthenshire County Council [2023] EWHC 2269 (TCC) (13 September 2023)

Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL) [2023] EWHC 2243 (TCC) (11 September 2023)

Source: www.bailii.org

Global whistleblower protection laws: a comprehensive guide to legal requirements – OUT-LAW.com

Posted September 14th, 2023 in disclosure, EC law, foreign jurisdictions, news, whistleblowers by sally

‘Whistleblowing complaints are growing in frequency all over the world and in all kinds of organisations.’

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OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

Retained EU law in the UK after Brexit – OUT-LAW.com

Posted September 14th, 2023 in amendments, brexit, EC law, enforcement, news, repeals by sally

‘Some EU law has been carried over into UK law after Brexit, so that there would be continuity in the many areas of UK law originally based on EU law.’

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OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

Charity wins appeal over Government refusal to disclose analysis carried out by Child Safeguarding Practice Review Panel – Local Government Lawyer

Posted September 14th, 2023 in appeals, care orders, child abuse, child neglect, government departments, news by sally

‘A group that campaigns for the welfare of children in institutional settings has won an appeal that will require the Department for Education (DfE) to release analysis of incidents where children became looked after as a result of abuse or neglect.’

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Local Government Lawyer, 14th September 2023

Source: www.localgovernmentlawyer.co.uk

Insolvent insurer’s policyholders fail in claim over unpaid legal costs – Legal Futures

Posted September 14th, 2023 in compensation, costs, insolvency, insurance, news by sally

‘The Financial Services Compensation Scheme (FSCS) does not have to compensate policyholders for the legal costs they were awarded after taking legal action against an insurer that became insolvent before paying them, the Court of Appeal has ruled.’

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Legal Futures, 14th September 2023

Source: www.legalfutures.co.uk

Relaxed takeaway pints rules extended – Home Office

Posted September 14th, 2023 in licensed premises, licensing, news by sally

‘Relaxed licensing rules have been extended until March 2025 so pubs can continue selling takeaway alcohol with ease.’

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Home Office, 12th September 2023

Source: www.gov.uk

Judges criticise Mastercard fees of 70% above guideline rates – Law Society’s Gazette

Posted September 14th, 2023 in class actions, competition, costs, fees, news, solicitors, tribunals by sally

‘Judges in the Competition Appeal Tribunal have taken a scythe to costs claims where solicitors were charging as much as 70% above the guideline hourly rate in a high profile group action.’

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Law Society's Gazette, 12th September 2023

Source: www.lawgazette.co.uk

Chair of the Bar calls for change to timing of Call in future-gazing speech – The Bar Council

‘Chair of the Bar Nick Vineall KC has called on the profession to call people to the Bar only when they have completed pupillage. The present system means that the title of barrister is conferred on people who are not entitled to practise as barristers, and he argues that this creates a real risk of confusion for clients and is not in the public interest.’

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The Bar Council, 13th September 2023

Source: www.barcouncil.org.uk

Patisserie Valerie: Four face fraud charges over collapse – BBC News

Posted September 14th, 2023 in auditors, debts, false accounting, fraud, news by sally

‘Four people have been charged with fraud connected to the collapse of bakery chain Patisserie Valerie in 2019.’

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BBC News, 13th September 2023

Source: www.bbc.co.uk

Britannia Bridge fatal crash driver given suspended sentence – BBC News

Posted September 14th, 2023 in careless driving, homicide, news, sentencing, suspended sentences by sally

‘A lorry driver who ploughed into a line of stationary cars, killing one driver and seriously injuring another, has been sentenced.’

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BBC News, 13th September 2023

Source: www.bbc.co.uk

Government backs Martha’s rule on right to second medical opinion in England – The Guardian

Posted September 14th, 2023 in children, doctors, hospitals, medical treatment, news, opinions by sally

‘The health secretary, Steve Barclay, has announced the government is committed to bringing in “Martha’s rule” in England, making it easier for patients and their families to get a second medical opinion if they believe their concerns are not being taken seriously by medical staff.’

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The Guardian, 14th September 2023

Source: www.theguardian.com

Women arrested at vigil for murdered Sarah Everard win Met Police payout and apology – The Indepdent

Posted September 14th, 2023 in compensation, coronavirus, demonstrations, London, news, penalties, police, women by sally

‘The Metropolitan Police are paying compensation to two women handcuffed and arrested at a vigil for Sarah Everard, murdered by police officer Wayne Couzens.’

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The Independent, 14th September 2023

Source: www.independent.co.uk

Sister of roofer left in coma after pub fight accuses High Court of ‘playing god’ with his life – The Independent

Posted September 13th, 2023 in bereavement, doctors, families, medical treatment, news by sally

‘The sister of a roofer on life support has begged doctors to give him more time after the family lost a High Court bid to keep him alive.’

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The Independent, 13th September 2023

Source: www.independent.co.uk

MPs to investigate sexual harassment of female surgeons – BBC News

‘MPs will investigate the sexual harassment and sexual assault of female surgeons taking place within the NHS.’

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BBC News, 13th September 2023

Source: www.bbc.co.uk

Coronation arrests: Republic leader Graham Smith takes legal action – BBC News

Posted September 13th, 2023 in damages, defamation, human rights, judicial review, news, police, royal family, wrongful arrest by sally

‘A republican protester detained on the day of King Charles’ Coronation is taking legal action against the Metropolitan Police.’

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BBC News, 12th September 2023

Source: www.bbc.co.uk

Hundreds of thousands face exclusion over voter ID laws, UK watchdog says – The Guardian

Posted September 13th, 2023 in elections, equality, government departments, identification, news by sally

‘Warning policy could disproportionately effect poorer people, those with disabilities and those from minority ethnic backgrounds.’

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The Guardian, 13th September 2023

Source: www.theguardian.com

UK fails to ban 36 harmful pesticides outlawed for use in EU – The Guardian

‘The UK has failed to ban 36 pesticides that are not allowed for use in the EU, as campaigners say it is becoming the “toxic poster child of Europe”. Though ministers promised the UK would not water down EU-derived environmental standards after Brexit, there have been multiple instances of divergence since the country left the bloc.’

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The Guardian, 13th September 2023

Source: www.theguardian.com

Tahir Nazir jailed for 21 years over Dewsbury fatal arson attack – BBC News

Posted September 12th, 2023 in arson, homicide, news, sentencing by sally

‘A man who started a fire at a house in Dewsbury in which one man died and five people were left seriously injured has been jailed.’

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BBC News, 11th September 2023

Source: www.bbc.co.uk

Transport for London bans ‘unhealthy’ artisan cheese advert – BBC News

Posted September 12th, 2023 in advertising, food, health, London, news, transport by sally

‘An advert featuring an artisan cheese has been banned on London’s transport network as it has been deemed too unhealthy.’

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BBC News, 11th September 2023

Source: www.bbc.co.uk

Government may have broken law over sewage – watchdog – BBC News

Posted September 12th, 2023 in environmental protection, government departments, news, sewerage, waste, water by sally

‘The UK’s environment watchdog suspects the government and regulators have broken the law over how it regulates sewage releases.’

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BBC News, 12th September 2023

Source: www.bbc.co.uk