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.’

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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”.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Legal Futures, 5th October 2023

Source: www.legalfutures.co.uk

George’s Law – Pump Court Chambers

Posted October 4th, 2023 in bereavement, chambers articles, families, maternity leave, news, podcasts, pregnancy by sally

‘Keeley Lengthorn of Taylor Rose MW speaks to host Imogen Robins about her awe inspiring campaign for statutory leave for baby loss under 24 weeks of pregnancy. Keeley talks frankly about her own experiences which led her to be a campaigner, and listeners should be trigger-warned in relation to baby loss. This is not family law, but it is law affecting families and Keeley’s honesty and tenacity makes this a must-listen.’

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Pump Court Chambers, 1st September 2023

Source: www.pumpcourtchambers.com

Illegal Migration Bill: Welcomed by Human Traffickers – Mountford Chambers

Posted October 4th, 2023 in bills, chambers articles, immigration, news, trafficking in human beings by sally

‘Organised Crime poses an increasing problem around the world. Endangering the economic well-being of countries, it can pose national security threats and affect vulnerable communities. Anisha Kiri tracks recent developments.’

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Mountford Chambers, 8th September 2023

Source: www.mountfordchambers.com