BAILII: Recent Decisions

Posted June 16th, 2023 in law reports by sally

Court of Appeal (Civil Division)

Sangha v Estate of Diljit Kaur Sangha & Ors [2023] EWCA Civ 660 (15 June 2023)

Blacklion Law LLP v Amira Nature Foods Ltd & Anor [2023] EWCA Civ 663 (15 June 2023)

High Court (Chancery Division)

Alam v Alam & Anor [2023] EWHC 1460 (Ch) (15 June 2023)

High Court (Commercial Court)

Horizon Maritime Services Ltd v CNS Marine Nigeria Ltd [2023] EWHC 1419 (Comm) (14 June 2023)

High Court (King’s Bench Division)

Idnekpoma v Amazon UK Services Ltd & Anor [2023] EWHC 1418 (KB) (15 June 2023)

Coghlan & Anor v Lexlaw Ltd [2023] EWHC 1453 (KB) (15 June 2023)

Source: www.bailii.org

Upper Tribunal: Postponing biometrics and entry clearance – EIN Blog

‘R (MRS & Anor) v ECO (Biometrics, Entry Clearance, Article 8) [2023] UKUT 85 (IAC) (30 Mar 2023). The Upper Tribunal thinks that it is open for the Home Office, in line with article 8 of the ECHR, to have a biometric discretion policy that places significant weight to the public interest and proper legitimate aims which justify biometrics and that only exceptional in the sense of very compelling cases can outweigh that interest. Further, it is incompatible with article 8 of the ECHR for the policy Family Reunion: for refugees and those with humanitarian protection policy version 5 (31 December 2020), to direct decision-makers that only applicants with extraordinary, and therefore rare, unique or unusual circumstances, can succeed.’

Full Story

EIN Blog, 15th June 2023

Source: www.ein.org.uk

FCA proposes tougher rules for cryptoasset marketing – OUT-LAW.com

Posted June 16th, 2023 in advertising, cryptocurrencies, financial services ombudsman, news by sally

‘The UK Financial Conduct Authority (FCA) has set out new rules on how cryptoasset firms can advertise their products, including a cooling-off period for first time investors.’

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OUT-LAW.com, 15th June 2023

Source: www.pinsentmasons.com

Appeal judges uphold law firm’s entitlement to £300,000 fixed fee – Legal Futures

Posted June 16th, 2023 in appeals, fees, law firms, news by sally

‘The Court of Appeal has upheld an award of £300,000 to a small central London law firm owed under a retainer which the client had claimed was not payable as the transaction it advised on did not go ahead.’

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Legal Futures, 16th June 2023

Source: www.legalfutures.co.uk

High Court: Letter asserting solicitor’s lien was not defamatory – Legal Futures

Posted June 16th, 2023 in damages, defamation, fees, law firms, negligence, news, solicitors by sally

‘The High Court has thrown out a defamation claim over a letter sent by one law firm to another asserting a solicitor’s lien over £100,000 of any damages awarded to its former clients.’

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Legal Futures, 16th June 2023

Source: www.legalfutures.co.uk

More action to fight fraud, bribery and other economic crime – Home Office

‘Plans have been submitted to modernise the identification doctrine, a legal principle which can hold corporations criminally liable for an offence.’

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Home Office, 15th June 2023

Source: www.gov.uk

Speech by the Master of the Rolls to the Law Society of Scotland – Courts & Tribunals Judiciary

‘Law and Technology Conference Online lecture, Wednesday 14 June 2023.’

Full speech

Courts & Tribunals Judiciary, 14th June 2023

Source: www.judiciary.uk

Good practice: Julia Hornor – Counsel

Posted June 16th, 2023 in barristers, news by sally

‘On her retirement Julia Hornor – a doyenne of chambers management whose career has mapped and shaped the “business evolution” of the Bar – reflects with Anthony Inglese.’

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Counsel, June 2023

Source: www.counselmagazine.co.uk

Litigant denied relief after court confused by ‘XXXX’ name – Law Society’s Gazette

Posted June 16th, 2023 in appeals, delay, injunctions, loans, names, news, time limits by sally

‘A litigant described as having a “relaxed and frankly reckless” approach to timely service of documents has been denied relief in the Court of Appeal.’

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Law Society's Gazette, 15th June 2023

Source: www.lawgazette.co.uk

Carr to be first female lord chief justice – Law Society’s Gazette

Posted June 16th, 2023 in diversity, judges, news, women by sally

‘Dame Sue Carr has been picked as the next lord chief justice of England and Wales, HM Judiciary announced this afternoon. She will take up the post on 1 October following the retirement of The Rt Hon. the Lord Burnett of Maldon on 30 September. Carr will be the first woman in the post. It is understood that the other short-listed applicant was also a woman, Dame Victoria Sharp.’

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Law Society's Gazette, 15th June 2023

Source: www.lawgazette.co.uk

Sidmouth administrator of online forum for paedophiles jailed – BBC News

‘A man who set up an online forum for sharing indecent images of children has been jailed.’

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BBC News, 15th June 2023

Source: www.bbc.co.uk

Avon and Somerset Police ‘institutionally racist’, chief constable says – BBC News

‘A chief constable says she believes her own force is “institutionally racist”. Sarah Crew said she came to that conclusion after applying a series of criteria to Avon and Somerset Police following a report into the local criminal justice system.’

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BBC News, 16th June 2023

Source: www.bbc.co.uk

Serial killer Levi Bellfield wins battle to marry in prison – The Independent

‘Serial killer Levi Bellfield is to be allowed to marry after prison officials accepted there is no way to stop him under current laws.’

Full Story

The Independent, 16th June 2023

Source: www.independent.co.uk

Boy, 15, sentenced to at least 12 years for murder of Tomasz Oleszak in Gateshead – The Guardian

‘A 15-year-old boy who “triumphantly” bragged about stabbing a “kind and loving” teenager to death must serve at least 12 years behind bars for his murder.’

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The Guardian, 15th June 2023

Source: www.theguardian.com

Bar for street sexual harassment offences in England and Wales set too high, charities say – The Guardian

‘Proposals to tackle sexual harassment in the street in England and Wales do not go far enough because the bar for offences has been set too high, charities have warned.’

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The Guardian, 16th June 2023

Source: www.theguardian.com

Cardiff taxi driver jailed for 11 years for raping passenger – BBC News

Posted June 16th, 2023 in imprisonment, news, rape, sentencing, sexual offences, taxis, victims by sally

‘A taxi driver who raped a women he drove home after demanding to use her toilet has been jailed for 11 years.’

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BBC News, 15th June 2023

Source: www.bbc.co.uk

Home Office admits asylum plans in doubt – BBC News

Posted June 16th, 2023 in asylum, bills, delay, government departments, immigration, news, statistics by sally

‘Plans to improve the asylum system are “in doubt” unless the Home Office takes urgent action, the department has told the government’s spending watchdog.’

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BBC News, 16th June 2023

Source: www.bbc.co.uk

Court issues mandatory order directing council to secure accommodation for family with severely disabled child within two months – Local Government Lawyer

Posted June 15th, 2023 in children, disabled persons, housing, local government, news by sally

‘The London Borough of Harrow left a family in unsuitable temporary accommodation, which “did not meet the needs of the claimant’s severely disabled daughter”, for almost a year, a court has found.’

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Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk

Is it time to decriminalise abortion in the UK? – The Guardian

Posted June 15th, 2023 in abortion, news, podcasts, time limits by sally

‘After a distressing and controversial case in which a woman was jailed after taking abortion pills after the UK time limit, is it time to change the law?’

Full Story

The Guardian, 15th June 2023

Source: www.theguardian.com

Regulator criticises two supermarket giants over unlawful anti-competitive land agreements – Local Government Lawyer

Posted June 15th, 2023 in agreements, competition, markets, news by sally

‘The Competition and Markets Authority (CMA) has secured agreements from Sainsbury’s and Asda to stop using unlawful anti-competitive land agreements that prevent competitors from establishing stores near to their own supermarkets.’

Full Story

Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk