BAILII: Recent Decisions
Court of Appeal (Civil Division)
Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341 (16 November 2023)
Campbell v NHS Business Services Authority [2023] EWCA Civ 1351 (16 November 2023)
FN (Burundi) v Secretary of State for the Home Department [2023] EWCA Civ 1350 (16 November 2023)
Court of Appeal (Criminal Division)
Brutnell, R. v [2023] EWCA Crim 1331 (15 November 2023)
Cashman, R. v [2023] EWCA Crim 1349 (15 November 2023)
High Court (Administrative Court)
Hamilton v Government of the United States of America [2023] EWHC 2893 (Admin) (16 November 2023)
Court (Chancery Division)
The Burke Partnership v The Body Shop International Ltd [2023] EWHC 2897 (Ch) (16 November 2023)
High Court (Commercial Court)
Chocolate City Ltd v WEA International Inc [2023] EWHC 2874 (Comm) (16 November 2023)
RSM Production Corporation v Gaz du Cameroun SA [2023] EWHC 2820 (Comm) (15 November 2023)
Source: www.bailii.org
Ofcom provides detail on Online Safety Act ‘illegal harms’ regime – OUT-LAW.com
‘Online content platforms operating in the UK should study recent publications issued by Ofcom to get a better handle on how the Online Safety Act will apply to them, and what they can do to meet the new legal requirements around addressing illegal content.’
OUT-LAW.com, 16th November 2023
Source: www.pinsentmasons.com
Leonid Sirota: (How) Can Big Government Be Kept Accountable? – UK Constitutional Law Association
‘This project started from an experience that will be familiar to just about any law lecturer: persuading first-year students, bewildered in their first week at university, that your subject means something to them ― even if they don’t know that yet. In my case, one argument I came up with to sell my students on constitutional law was that government is a very big deal. I return to the question of just how big a deal it is presently. For now, suffice it to say that, although some public law rules (think of the Carltona doctrine, for instance) take this into account, on the whole, the size and also the shape of government go relatively unremarked upon in public law theory.
In this post I argue, however, that they matter for thinking about government accountability. They matter beyond this too, but accountability is my topic here. It is more difficult to keep a big government accountable than a small one. In particular, it is difficult and perhaps impossible to do so through political means. Political constitutionalists who want government accountability, primarily political control of government, and big government cannot have it all.’
UK Constitutional Law Association, 16th November 2023
Source: ukconstitutionallaw.org
Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog
‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’
UK Human Rights Blog, 15th November 2023
Source: ukhumanrightsblog.com
Victims to be protected through Sentencing Reforms – Ministry of Defence
‘Cowardly domestic abusers will continue to face time behind bars under legislation laid in Parliament today which will also see the most horrific murderers face life behind bars and rapists locked up for longer.’
Ministry of Defence, 14th November 2023
Source: www.gov.uk
High Court laments “wholly unacceptable” last-minute adjournment – Legal Futures
‘A Commercial Court judge has blamed a claimant “in large part” for the “wholly unacceptable” last-minute adjournment of their case after he had begun pre-reading for it.’
Legal Futures, 17th November 2023
Source: www.legalfutures.co.uk
Far-right ‘reverend’ who exchanged letters with terrorists convicted of stirring up racial hatred – Crown Prosecution Service
‘The editor of a far-right website has been convicted of possessing racially inflammatory material including stickers that had been posted in and around Liverpool in 2021 as part of a campaign directing people to a website calling for the establishment of a white master race.’
Crown Prosecution Service, 16th November 2023
Source: www.cps.gov.uk
Supreme Court dismisses commercial lender’s appeal over PPI claim – Law Society’s Gazette
‘The Supreme Court has ruled that a claim over the misselling of a payment protection insurance policy was not time-barred as the commercial lender failed to disclose that it was charging a “substantial commission” on the policy.’
Law Society's Gazette, 16th November 2023
Source: www.lawgazette.co.uk
YouTuber sentenced for antisemitic abuse during livestream, CPS says – The Independent
‘A YouTuber who targeted antisemitic abuse at a Jewish woman during a livestream has been sentenced for a hate crime.’
The Independent, 16th November 2023
Source: www.independent.co.uk
Law enforcement on class B and C drugs ‘pathetically weak for years’, says PCC – The Independent
‘The enforcement of laws around class B and C drugs has been “pathetically weak” for years and tougher action needs to be taken nationally against cannabis, a police and crime commissioner (PCC) has said.’
The Independent, 17th November 2023
Source: www.independent.co.uk
Jury clears climate protesters of causing damage to HSBC London HQ – The Guardian
‘Nine climate protesters have been cleared by a jury of causing £500,000 worth of criminal damage to the windows at the headquarters of HSBC bank in London.’
The Guardian, 16th November 2023
Source: www.theguardian.com
Rat-infested Bedford Prison found to have highest violence levels – BBC News
‘Bedford Prison has higher levels of violence than any other prison in the country, according to a critical report from inspectors.’
BBC News, 17th November 2023
Source: www.bbc.co.uk
Matthew Smith on Service Charges: Section 27A LTA 1985 & Estoppel by Convention – Park Square Barristers
‘The recent case of Lacy v Homeselect Finance [2023] UKUT 231 (LC) considered a number of historic service charge issues between a long-leaseholder and a freeholder of a flat in Torquay. A particular point of note is the decision regarding admissions and estoppel.’
Park Square Barristers, 11th October 2023
Source: www.parksquarebarristers.co.uk
Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers
‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’
Garden Court Chambers, 2nd October 2023
Source: www.gardencourtchambers.co.uk
Delay for children as result of longer case durations is “single most pressing issue” for family justice system, warns Cafcass in new strategic plan – Local Government Lawyer
‘The Children and Family Court Advisory and Support Service (Cafcass) has published its strategic plan for 2023-26, in which it warns that delay for children as a result of longer case durations is now the “single most pressing issue” for the family justice system.’
Local Government Lawyer, 14th November 2023
Source: www.localgovernmentlawyer.co.uk
Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian
‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’
The Guardian, 15th November 2023
Source: www.theguardian.com
Insolvency Newsletter: October 2023 – Gatehouse Chambers
‘This month Alaric Watson considers the significance of the Patley Wood v Kicks and Brake v Chedington for the world of personal insolvency, Ryan Hocking gives a run down of the recent and anticipated statutory and regulatory changes, we have a two minute interview with the newest member of the team, Victoria Dacie-Lombardo and we have summaries of some of the significant cases from the last quarter.’
Gatehouse Chambers, October 2023
Source: gatehouselaw.co.uk
UK medicines regulator approves gene therapy for two blood disorders – The Guardian
‘The UK’s medicines regulator has authorised the use of a world-first gene therapy as a potential cure for two inherited blood disorders.’
The Guardian, 16th November 2023
Source: www.theguardian.com

