BAILII: Recent Decisions

Posted July 12th, 2023 in law reports by michael

Court of Appeal (Civil Division)

Secretary of State for Work And Pensions v Eveleigh & Ors (Rev1) [2023] EWCA Civ 810 (11 July 2023)

Plant, R (On the Application Of) v London Borough Of Lambeth [2023] EWCA Civ 809 (11 July 2023)

High Court (Administrative Court)

Kumar, R (On the Application Of) v The Secretary of State for the Home Department [2023] EWHC 1741 (Admin) (11 July 2023)

Davis, R (On the Application Of) v Oxford City Council [2023] EWHC 1737 (Admin) (11 July 2023)

TZA, R (On the Application Of) v A Secondary School [2023] EWHC 1722 (Admin) (11 July 2023)

Birbeck v Principality of Andorra [2023] EWHC 1740 (Admin) (11 July 2023)

The Llandaff North Residents’ Association, R (On the Application Of) v Cardiff Council [2023] EWHC 1731 (Admin) (10 July 2023)

British Generic Manufacturers Association Ltd v Secretary of State for Health And Social Care [2023] EWHC 1725 (Admin) (10 July 2023)

High Court (King’s Bench Division)

Hamilton v Barrow & Ors [2023] EWHC 1743 (KB) (11 July 2023)

Seculink Ltd v Salih [2023] EWHC 1706 (KB) (11 July 2023)

QXB v University Hospitals Plymouth NHS Trust [2023] EWHC 1760 (KB) (11 July 2023)

Miah v Ahmed [2023] EWHC 1742 (KB) (11 July 2023)

Nottingham University Hospitals NHS Trust v Bogmer (Rev1) [2023] EWHC 1724 (KB) (10 July 2023)

Source: www.bailii.org

Man killed nine-year-old Lilia Valutyte in Lincolnshire street, jury finds – The Guardian

Posted July 12th, 2023 in burden of proof, causing death of children or vulnerable adults, children, mental health, news, offensive weapons, unlawful killing by sally

‘Deividas Skebas killed nine-year-old Lilia Valutyte by stabbing her in the heart as she played with a hula hoop in the street, a jury has decided.’

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The Guardian, 11th July 2023

Source: www.theguardian.com

LSB bids to reduce regulatory barriers to tech adoption – Legal Futures

Posted July 12th, 2023 in artificial intelligence, computer programs, consultations, legal profession, legal services, Legal Services Board, news by sally

‘Regulators need to bring down the barriers to technology adoption and innovation in the interests of reducing unmet legal need, the Legal Services Board has said.’

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Legal Futures, 12th July 2023

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 11th, 2023 in legislation by michael

SI 2023/779 – The Financial Services and Markets Act 2023 (Commencement No. 1) Regulations 2023

SI 2023/776 – The Northern Ireland (Ministerial Appointment Functions) Regulations 2023

SI 2023/773 – The Social Security (Contributions) (Amendment No. 5) Regulations 2023

SI 2023/769 – The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2023

Source: www.legislation.gov.uk

Contractual costs in the Tribunal & County Court, with a guest appearance – Nearly Legal

Posted July 11th, 2023 in costs, county courts, leases, news, service charges, solicitors, tribunals by sally

‘The underlying proceedings were a small claim in the County Court by Crescent (via Davidoff as agent) for unpaid service charges against Mr Behjat as leaseholder. It was, apparently, transferred to the FTT for determination of payability and reasonableness of the service charges. It appears that there was then a Tribunal decision, and simultaneous County Court order made by the Tribunal judge sitting as a county court judge.’

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Nearly Legal, 10th July 2023

Source: nearlylegal.co.uk

Dip in proportion of consumers shopping around for legal services – Legal Futures

Posted July 11th, 2023 in competition, consumer protection, legal services, news, statistics by sally

‘The proportion of consumers who shop around for lawyers has fallen for the first time in 12 years, but the use of unbundling is on the rise, according to new figures.’

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Legal Futures, 11th July 2023

Source: www.legalfutures.co.uk

Boeing 737 crash: Coroner rules Britons unlawfully killed – BBC News

Posted July 11th, 2023 in aircraft, inquests, news, unlawful killing by sally

‘Three British people who died in a plane crash were unlawfully killed, a coroner has ruled.’

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BBC News, 10th July 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 10th, 2023 in legislation by michael

SI 2023/774 – The Customs (Tariff and Miscellaneous Amendments) Regulations 2023

SI 2023/772 – The Post Office Horizon Shortfall Scheme Top-Up Payments (Tax Exemptions) Regulations 2023

SI 2023/770 – The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023

SI 2023/768 – The Firearms (Air Weapons) (England and Wales) Rules 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 10th, 2023 in law reports by michael

Court of Appeal (Civil Division)

Kanu, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs [2023] EWCA Civ 796 (07 July 2023)

Norman & Anor v Adler & Anor [2023] EWCA Civ 785 (07 July 2023)

Court of Appeal (Criminal Division)

Bennett, R. v [2023] EWCA Crim 795 (07 July 2023)

High Court (Administrative Court)

Widdington Parish Council, R (On the Application Of) v Uttlesford District Council [2023] EWHC 1709 (Admin) (07 July 2023)

Boswell, R (On the Application Of) v Secretary of State for Transport [2023] EWHC 1710 (Admin) (07 July 2023)

El Diwany v Solicitors Regulation Authority Ltd [2023] EWHC 1707 (Admin) (07 July 2023)

High Court (Chancery Division)

Trude v Hyman & Anor [2023] EWHC 1703 (Ch) (07 July 2023)

Cossac Holdings Ltd v Preferred Management Ltd & Ors [2023] EWHC 1721 (Ch) (07 July 2023)

Hartley Pensions Ltd v Wilton UK (Group) Ltd (Re Insolvency Act 1986) [2023] EWHC 1700 (Ch) (07 July 2023)

Copley v Winter [2023] EWHC 1712 (Ch) (06 July 2023)

High Court (Commercial Court)

World Challenge Expeditions Ltd v Zurich Insurance Company Ltd [2023] EWHC 1696 (Comm) (07 July 2023)

Source: www.bailii.org

Metropolitan Police investigation into the murder of Stephen Lawrence – House of Commons Library

Posted July 10th, 2023 in bereavement, disciplinary procedures, families, inquiries, misfeasance in public office, murder, news, parliament, police, professional conduct, racism by sally

‘On 22 April 1993, Stephen Lawrence, an 18-year-old Black man, was stabbed to death at a bus stop in Eltham, south-east London by a group of White youths in an unprovoked, racist attack. Stephen’s friend, Duwayne Brooks, was with him at the time and witnessed the attack.’

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House of Commons Library, 9th July 2023

Source: commonslibrary.parliament.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

Posted July 10th, 2023 in bills, divorce, families, family courts, financial dispute resolution, financial provision, Law Commission, news by sally

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

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Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

Nottingham maternity review set to become UK’s largest – BBC News

Posted July 10th, 2023 in bereavement, birth, children, families, hospitals, inquiries, news, pregnancy by sally

‘A review into failings in maternity care in hospitals in Nottingham is set to become the largest in the UK, the BBC understands.’

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BBC News, 10th July 2023

Source: www.bbc.co.uk

What is ‘reasonable notice’? – 3 Hare Court

Posted July 10th, 2023 in chambers articles, contracts, news, notification by sally

‘In the absence of a formal written agreement, how will the courts determine “reasonable notice” for termination? Anna Lancy & Robert Strang consider the key factors in this New Law Journal article.’

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3 Hare Court, 12th June 2023

Source: www.3harecourt.com

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

Posted July 10th, 2023 in appeals, care homes, chambers articles, coroners, duty of care, hospitals, human rights, inquests, local government, news, Supreme Court by sally

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

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2 Hare Court, 30th June 2023

Source: www.2harecourt.com

New Judgment: R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others [2023] UKSC 24 – UKSC Blog

Posted July 10th, 2023 in appeals, civil justice, criminal justice, disciplinary procedures, firearms, news, police, professional conduct, Supreme Court by sally

‘W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder bag on his chest. Fearing for his life and those of his colleagues, W80 fired one shot. No firearm was found in the bag, but an imitation firearm was in the rear of the car.’

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UKSC Blog, 5th July 2023

Source: ukscblog.com

NHS trust brings judicial review against three councils in bid to secure £1.8m in developer contributions – Local Government Lawyer

Posted July 10th, 2023 in budgets, hospitals, housing, judicial review, local government, news, planning by sally

‘The High Court is set to hear a challenge from Worcestershire Acute Hospitals NHS Trust over a decision by three local councils to refuse its request for developer contributions towards healthcare service provision before approving a 2,200-dwelling development.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Met Police: Doreen Lawrence concerned about pace of reform – BBC News

Posted July 10th, 2023 in bereavement, disciplinary procedures, murder, news, police, professional conduct, racism by sally

‘The mother of Stephen Lawrence says she is “profoundly concerned” about the slow pace of reforms in the Met Police.’

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BBC News, 10th July 2023

Source: www.bbc.co.uk

Operating CCTV lawfully – Local Government Lawyer

Posted July 7th, 2023 in closed circuit television, costs, county courts, damages, data protection, local government, news by sally

‘A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Housing case law update: June 2023 – Local Government Lawyer

Posted July 7th, 2023 in adverse possession, appeals, housing, land registration, landlord & tenant, leases, local government, news by sally

‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com

Posted July 7th, 2023 in climate change, energy, environmental protection, government departments, judicial review, news, planning, water by sally

‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com