‘The Housing Ombudsman has called on Barking and Dagenham Council to pay £6,000 to a resident after leaving her and her family of six in damp and mould for more than two-and-a-half years, in which they were eventually all forced to share one bedroom.’
Local Government Lawyer, 31st July 2023
Source: www.localgovernmentlawyer.co.uk
‘Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance of such historical occupational testing remains open to challenge by some medico-legal experts. This article examines the pros and cons of such historical testing in the context of assessing the merits of deafness claims where the results of such testing are at odds with more recent “diagnostic” audiograms.’
Ropewalk Chambers, 19th July 2023
Source: ropewalk.co.uk
‘Three law firms in England accused of wrongdoing in dealing with asylum applications have been shut down by the solicitors’ watchdog.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘Shoplifters, burglars and violent criminals who commit repeat offences will be handed mandatory prison sentences under plans being drawn up by ministers.’
The Guardian, 1st August 2023
Source: www.theguardian.com
‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’
Wilberforce Chambers, July 2023
Source: www.wilberforce.co.uk
‘Rob Bowker looks at who will apply and who will pay for remediation and remediation contribution orders under the Building Safety Act 2022.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘The recent case of Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 provides a timely reminder of the difficulties and risks in seeking to use the equitable mistake doctrine to avoid the intended effects of a tax avoidance scheme.’
Wilberforce Chambers, 31st July 2023
Source: www.wilberforce.co.uk
‘The Consumer Duty, which comes into force today, is the “most significant change to financial services regulation” in a decade, according to one legal expert.’
OUT-LAW.com, 31st July 2023
Source: www.pinsentmasons.com
‘Following judgment on 24 July, the High Court, in an oral hearing, confirmed its decision on papers that ClientEarth, a non-profit environmental law organisation, with a minority shareholding in Shell Plc, a multinational oil and gas company, failed to establish a prima facie case in its derivative claim against Shell’s Directors regarding the company’s climate change risk management strategy.’
Six Pump Court, 31st July 2023
Source: 6pumpcourt.co.uk
‘Wild camping is once again allowed on Dartmoor after the national park won a successful appeal against a ruling in a case brought by a wealthy landowner.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’
Becket Chambers, 4th July 2023
Source: becket-chambers.co.uk
‘The UK government has imposed sanctions on those involved in the “deplorable” sentencing of the dual-national dissident Vladimir Kara-Murza after a Russian court dismissed his appeal against a 25-year sentence.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘Two Just Stop Oil protesters who scaled the bridge at the Dartford crossing, closing it to traffic for more than a day and a half, have been refused permission to appeal against their sentences.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘On 21 July 2023, the Diocese of Oxford issued the Press Release Learning Lessons Review: Revd Michael Hall, (“the Hall Review”), concerning the safeguarding case review it commissioned in April 2022 into allegations of spiritual abuse connected with St Margaret’s, Tylers Green, High Wycombe between 1981 and 2000. The review was the most recent of such “lessons learnt” reviews from the Diocese[1] and provides a present-day perspective of the Church’s approach to spiritual abuse both during and after the events at St Margaret’s.’
Law & Religion UK, 31st July 2023
Source: lawandreligionuk.com
Court of Appeal (Civil Division)
Robins v Secretary of State for Work and Pensions [2023] EWCA Civ 890 (28 July 2023)
Patley Wood Farm LLP & Ors v Kicks & Anor [2023] EWCA Civ 901 (28 July 2023)
S (Children: Parentage and Jurisdiction) [2023] EWCA Civ 897 (27 July 2023)
Court of Appeal (Criminal Division)
BKR, R. v [2023] EWCA Crim 903 (28 July 2023)
High Court (Administrative Court)
High Court (Chancery Division)
British Broadcasting Corporation v BBC Pension Trust Ltd & Anor [2023] EWHC 1965 (Ch) (28 July 2023)
Time GB Group Ltd v Yarwell Mill Country Park Ltd [2023] EWHC 1887 (Ch) (28 July 2023)
Financial Conduct Authority v Forster & Ors [2023] EWHC 1973 (Ch) (28 July 2023)
Galapagos Bidco SARL v Kebekus & Ors [2023] EWHC 1931 (Ch) (28 July 2023)
High Court (Commercial Court)
Eternity Sky Investments Ltd v Zhang [2023] EWHC 1964 (Comm) (28 July 2023)
Wyllie & Ors v Liberty Mutual Insurance Europe SE [2023] EWHC 1970 (Comm) (28 July 2023)
High Court (Family Division)
A And B (Children: ‘parental Alienation’) (No. 5) [2023] EWHC 1864 (Fam) (27 July 2023)
C, Re (Parental Alienation: Permanent Removal to Germany) [2023] EWHC 1955 (Fam) (27 July 2023)
High Court (King’s Bench Division)
Uber Britannia Ltd v Sefton Metropolitan Borough Council [2023] EWHC 1975 (KB) (28 July 2023)
McKenzie v Creation Consumer Finance Ltd [2023] EWHC 1904 (KB) (28 July 2023)
Davidoff & Ors v Google LLC [2023] EWHC 1958 (KB) (28 July 2023)
High Court (Technology and Construction Court)
International Game Technology PLC & Ors v Gambling Commission [2023] EWHC 1961 (TCC) (28 July 2023)
Source: www.bailii.org
‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’
Nearly Legal, 28th July 2023
Source: nearlylegal.co.uk
‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’
Nearly Legal, 30th July 2023
Source: nearlylegal.co.uk
‘British employers facing industrial action have been urged to review their contingency plans after a High Court decision struck down rules allowing agency staff to perform the roles of striking workers.’
OUT-LAW.com, 28th July 2023
Source: www.pinsentmasons.com
‘A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.’
OUT-LAW.com, 28th July 2023
Source: www.pinsentmasons.com
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