BAILII: Recent Decisions
Supreme Court
McCulloch & Ors v Forth Valley Health Board (Scotland) [2023] UKSC 26 (12 July 2023)
Philipp v Barclays Bank UK PLC [2023] UKSC 25 (12 July 2023)
Court of Appeal (Civil Division)
Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838 (13 July 2023)
Keith v Benka & Anor [2023] EWCA Civ 821 (13 July 2023)
Y & E (1996 Hague Convention: Article 11) [2023] EWCA Civ 817 (12 July 2023)
High Court (Administrative Court)
Shabir v General Medical Council [2023] EWHC 1772 (Admin) (13 July 2023)
Osso v Local Court of Regensburg, Germany [2023] EWHC 1728 (Admin) (12 July 2023)
High Court (Family Division)
NJ v JB [2023] EWHC 1762 (Fam) (12 July 2023)
High Court (King’s Bench Division)
CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) (12 July 2023)
Armstrong Watson LLP v Persons Unknown [2023] EWHC 1761 (KB) (11 July 2023)
High Court (Patents Court)
Price & Ors v Flitcraft Ltd & Ors [2023] EWHC 1746 (Pat) (13 July 2023)
High Court (Technology & Construction Court)
Topalsson GmbH v Rolls-Royce Motor Cars Ltd [2023] EWHC 1765 (TCC) (12 July 2023)
Source: www.bailii.org
City fined £200k after grass cutting and arboriculture staff develop hand arm vibration syndrome and carpal tunnel syndrome – Local Government Lawyer
‘Plymouth City Council has been fined £200,000 after its failures led to employees developing hand arm vibration syndrome (HAVS) and carpal tunnel syndrome (CTS).’
Local Government Lawyer, 12th July 2023
Source: www.localgovernmentlawyer.co.uk
The omniscient draftsman – the answer to Virgin Media? – Pensions Barrister
‘Paul Newman KC has written an article on the principles of statutory construction, which might be relevant to the interpretation of a term of art used in a statutory instrument – such as “accrued rights” in the contracting-out legislation recently considered by the court in Virgin Media Ltd v NTL Pension Trustees II Ltd.’
Pensions Barrister, 13th July 2023
Source: www.pensionsbarrister.com
New Judgment: McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) – UKSC Blog
‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’
UKSC Blog, 12th July 2023
Source: ukscblog.com
Migration Bill: Lords reinsert child detention limits – BBC News
‘The House of Lords has rejected an attempt by the government to extend the amount of time children can be detained in its migration bill.’
BBC News, 13th July 2023
Source: www.bbc.co.uk
Inquest to examine Ofsted’s role in lead-up to death of headteacher Ruth Perry – The Guardian
‘Ofsted’s role in the events leading up to the death of the Berkshire headteacher Ruth Perry will be examined during an inquest later this year, a coroner has ruled.’
The Guardian, 11th July 2023
Source: www.theguardian.com
Court of Appeal finds recorder was wrong to decide there was no necessity for psychological assessment – Local Government Lawyer
‘The Court of Appeal has allowed an appeal by a mother against care and placement orders made in respect of her son, after finding the recorder was wrong to decide that there was “no necessity for a psychological assessment”.’
Local Government Lawyer, 11th July 2023
Source: www.localgovernmentlawyer.co.uk
Portsmouth docker jailed over £118m cocaine haul in bananas – BBC News
‘A dock worker has been jailed for 21 years for conspiring to import £118m of cocaine into the UK in a shipment of bananas.’
BBC News, 11th July 2023
Source: www.bbc.co.uk
Appeal court overturns disability strategy ruling – BBC News
‘A ruling which decided a survey used to inform the government’s National Disability Strategy was “unlawful” has been overturned at the Court of Appeal.’
BBC News, 11th July 2023
Source: www.bbc.co.uk
“Women will suffer” warning as CA hears divorce costs funding case – Legal Futures
‘The future of litigation funding in divorce cases – which new figures from law firms show mainly benefits women – is in the balance as the Court of Appeal hears a crucial appeal.’
Legal Futures, 12th July 2023
Source: www.legalfutures.co.uk
People smuggler jailed for 12 years over Essex lorry deaths – The Guardian
‘A man who was an “essential cog” in a people-smuggling gang that caused the death of 39 men, women and children in a lorry in Essex has been jailed for more than 12 years for manslaughter.’
The Guardian, 11th July 2023
Source: www.theguardian.com
Ladbrokes ads banned for ‘strongly’ appealing to under-18s – The Independent
‘Two ads for Ladbrokes have been banned for “strongly” appealing to under-18s by featuring well-known Premier League managers.’
The Independent, 11th July 2023
Source: www.independent.co.uk
Hospital discharge and subsequent placement should be considered as separate matters when determining capacity: CoP – Local Government Lawyer
‘The Court of Protection has allowed an appeal against a decision that a woman lacked capacity to consent to discharge from hospital and to be placed in specified accommodation, saying that the discharge and placement offer should have been treated as separate matters.’
Local Government Lawyer, 11th July 2023
Source: www.localgovernmentlawyer.co.uk
New report calls for transformative change to child services – UK Administrative Justice Institute
‘Creating a social security system that guarantees the essentials in life, regulating for-profit children’s homes, and extending peer-parent support are among a list of recommendations researchers believe could help to eradicate the “toxic culture” of England’s Child Protection Services.’
UK Administrative Justice Institute, 12th July 2023
Source: ukaji.org
BAILII: Recent Decisions
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)
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)
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
‘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.’
The Guardian, 11th July 2023
Source: www.theguardian.com
LSB bids to reduce regulatory barriers to tech adoption – Legal Futures
‘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.’
Legal Futures, 12th July 2023
Source: www.legalfutures.co.uk
Recent Statutory Instruments – legislation.gov.uk
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
