BAILII: Recent Decisions
Supreme Court
London Borough of Merton Council v Nuffield Health [2023] UKSC 18 (07 June 2023)
Court of Appeal (Civil Division)
Archer v HM Revenue and Customs [2023] EWCA Civ 626 (07 June 2023)
Avondale Park Ltd v Miss Delaney’s Nursery Schools Ltd [2023] EWCA Civ 641 (07 June 2023)
Walton v Pickerings Solicitors & Anor [2023] EWCA Civ 602 (06 June 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Northern Powerhouse Developments Ltd & Ors v Woodhouse [2023] EWHC 1331 (Ch) (06 June 2023)
MF Tel Sarl v Visa Europe Ltd [2023] EWHC 1336 (Ch) (05 June 2023)
Hikari Miso (UK) Ltd v Knibbs & Ors [2023] EWHC 1340 (Ch) (05 June 2023)
Harvey & Anor v Van Hoorn [2023] EWHC 1298 (Ch) (31 May 2023)
High Court (Commercial Court)
Horn & Ors v Knott & Ors [2023] EWHC 1351 (Comm) (07 June 2023)
Day v Forex Capital Markets Ltd [2023] EWHC 1349 (Comm) (07 June 2023)
Simpsons (Preston) Ltd & Anor v MS Amlin Underwriting Ltd [2023] EWHC 1370 (Comm) (07 June 2023)
High Court (King’s Bench Division)
ABC & Ors v Derbyshire County Council & Ors, Re Costs [2023] EWHC 1337 (KB) (06 June 2023)
Shally v Imperial College Healthcare NHS Trust [2023] EWHC 1304 (KB) (01 June 2023)
Source: www.bailii.org
Claim against law firm lost by court can proceed, appeal judges rule – Legal Futures
‘A claim against a law firm thrown out for being served too late can now proceed after the Court of Appeal held that the claim form was sealed with the wrong date.’
Legal Futures, 7th June 2023
Source: www.legalfutures.co.uk
Humanist wins High Court battle over appointments to Standing Advisory Council for Religious Education – Local Government Lawyer
‘The High Court has quashed the decision of Kent County Council to refuse to consider a humanist for membership of Group A of its Standing Advisory Council for Religious Education (SACRE).’
Local Government Lawyer, 5th June 2023
Source: www.localgovernmentlawyer.co.uk
Watchdog bans Shell’s ‘misleading’ low-carbon ads – The Independent
‘Shell omitted any mention that oil and gas continued to make up the “vast majority” of its business, the Advertising Standards Authority said.’
The Independent, 6th June 2023
Source: www.independent.co.uk
English court rejects arbitrator bias challenge on account of tactical delay – OUT-LAW.com
‘Parties to an arbitration who become aware of potential grounds to challenge an arbitration award during the arbitral proceedings must raise grounds before the tribunal or a court as soon as possible to avoid losing the opportunity to do so, experts have warned, following a recent ruling of the English High Court.’
OUT-LAW.com, 2nd June 2023
Source: www.pinsentmasons.com
High Court rejects claim over decision of adjudicator and fairness of school admissions arrangements – Local Government Lawyer
‘The High Court has rejected a claim which questioned what matters an adjudicator may and must take into account in determining whether a school’s admission arrangements are “fair”.’
Local Government Lawyer, 5th June 2023
Source: www.localgovernmentlawyer.co.uk
Abertridwr: Jay Webster jailed for killing Benjamin Lloyd – BBC News
‘A man who killed his best friend in a one punch attack after a drunken argument has been jailed.’
BBC News, 6th June 2023
Source: www.bbc.co.uk
“Deep disappointment” shared over Government failure to implement recommendations from Child Sexual Abuse inquiry – Local Government Lawyer
‘The Child Sexual Abuse inquiry chair, Alexis Jay, and a number of other organisations have shared “deep disappointment” over the Government’s response to recommendations made by the Independent Inquiry into Childhood Sexual Abuse (IICSA).’
Local Government Lawyer, 5th June 2023
Source: www.localgovernmentlawyer.co.uk
Strasbourg ‘had no jurisdiction’ to block Rwanda flight – Law Society’s Gazette
‘Interim measures by the European Court of Human Rights including the one stopping deportation flights to Rwanda are not binding on governments, human rights law experts claim in a report published by a centre-right thinktank today. Rule 39 and the Rule of Law, published by Policy Exchange’s Judicial Power Project, concludes that the Strasbourg court’s “rule 39” procedure was never approved by member states and that the government should challenge its lawfulness “robustly”.’
Law Society's Gazette, 5th June 2023
Source: www.lawgazette.co.uk
Groom wins case against stable boss who refused to dismount from horse during meeting – Daily Telegraph
‘A groom at a racehorse stables has won a pregnancy discrimination case after one of her bosses refused to get off her horse during a meeting to discuss her childcare.’
Daily Telegraph, 5th June 2023
Source: www.telegraph.co.uk
Sports bodies have options for tackling illegal streaming, say experts – OUT-LAW.com
‘Sports bodies and owners of broadcast rights for sports events should invest in monitoring for illegal streaming and consider the options they have for enforcing their rights against infringers in the context of their commercial objectives, according to experts in dispute resolution and brand protection in the sports sector.’
OUT-LAW.com, 2nd June 2023
Source: www.pinsentmasons.com
Lawyers face beefed-up rules on handling complaints – Legal Futures
‘Changes to statutory requirements on how lawyers handle complaints will move closer this week amid concern that consumers are being let down at the moment.’
Legal Futures, 5th June 2023
Source: www.legalfutures.co.uk
‘Fake bailiffs’ from private security companies carry out illegal evictions – The Guardian
‘Vulnerable families are being tricked out of their rented homes by private security guards dressed like court bailiffs, a charity has warned.’
The Guardian, 4th June 2023
Source: www.theguardian.com
No anonymity for contempt against family court – Transparency Project
‘The decision in EBK v DLO [2023] EWHC 1074 (Fam) was reported in the local press as “Royal marine fails in contempt proceedings against ex-partner”. The case involved a lengthy history of disputes over contact, allegations of domestic abuse, employment sanctions, and defamation actions taken against the police and Cafcass. Here, we look at important points on transparency that emerged.’
Transparency Project, 6th June 2023
Source: transparencyproject.org.uk
Family Court reporting pilot “risks failure” without improvement in flow of information between court and press, says Family President – Local Government Lawyer
‘A review of the family court reporting pilot carried out by the Transparency Implementation Group (TIG) has highlighted “issues that require guidance”.’
Local Government Lawyer, 5th June 2023
Source: www.localgovernmentlawyer.co.uk
Brothers who beat sex offender, 85, to death jailed for murder – BBC News
‘Two brothers have been jailed for life for murdering a convicted sex offender.’
BBC News, 5th June 2023
Source: www.bbc.co.uk
Epping man jailed for leaving fatally injured girlfriend in car – BBC News
‘A driver without a licence who crashed his car and abandoned his fatally injured girlfriend at the scene has been jailed for more than four years.’
BBC News, 3rd June 2023
Source: www.bbc.co.uk
Brian Christopher Jones: Leadership exit points in the UK constitution – UK Constitutional Law Association
‘The UK constitution contains numerous ways that a serving Prime Minister can be deposed. Although we’ve seen this happen frequently in recent history—and especially over the past year—a wider discussion about these various exit points and their significance for the UK constitution has yet to emerge. But these exit avenues are undoubtedly important. Many world leaders have consolidated power in various ways in recent years, and some have floated refusing to leave office or staunchly resisted doing so. UK constitutional actors can and should be aware of these threats, and take measures to prevent them from happening. This post identifies four mechanisms for how UK leaders may be ousted: two formal options and two less formal options. It then further reflects on these mechanisms in terms of operation and recent events. At a time when many people lament the upholding of norms and values in the UK constitution, analysing these mechanisms could prove useful when assessing the need for and potential prospects of reform.’
UK Constitutional Law Association, 5th June 2023
Source: ukconstitutionallaw.org