BAILII: Recent Decisions

Posted May 11th, 2023 in law reports by sally

Supreme Court

Jalla & Anor v Shell International Trading and Shipping Co Ltd & Anor [2023] UKSC 16 (10 May 2023)

Court of Appeal (Civil Division)

Piffs Elm Ltd, R (on the application of) v Commission for Local Administration in England & Anor [2023] EWCA Civ 486 (10 May 2023)

Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2023] EWCA Civ 482 (09 May 2023)

High Court (Administrative Court)

Vidak v Regional Court of Budapest (Hungary) [2023] EWHC 1108 (Admin) (10 May 2023)

Dalston Projects Ltd & Ors v Secretary of State for Transport [2023] EWHC 1106 (Admin) (10 May 2023)

Hicks, R (On the Application Of) v Westminster Magistrates’ Court [2023] EWHC 1090 (Admin) (09 May 2023)

Paul, In the Matter of (Re Secretary of State reference under s.273 Criminal Justice Act 2003) [2023] EWHC 1091 (Admin) (09 May 2023)

Hicks v Director of Public Prosecutions [2023] EWHC 1089 (Admin) (09 May 2023)

High Court (Chancery Division)

Alizade & Ors v Kudlick [2023] EWHC 1082 (Ch) (10 May 2023)

James Court Ltd (In Liquidation) v Hindsight Contractors Ltd [2023] EWHC 1101 (Ch) (09 May 2023)

High Court (Commercial Court)

GASL Ireland Leasing A-1 Ltd v SpiceJet Ltd [2023] EWHC 1107 (Comm) (10 May 2023)

Michael Wilson & Partners Ltd v Emmott [2023] EWHC 1005 (Comm) (09 May 2023)

London Business House Ltd & Anor v Pitman Training Ltd & Anor [2023] EWHC 1077 (Comm) (09 May 2023)

High Court (Family Division)

S v F & Anor [2023] EWHC 597 (Fam) (09 May 2023)

High Court (Patents Court)

Safestand Ltd v Weston Homes Plc & Ors [2023] EWHC 1098 (Pat) (10 May 2023)

High Court (King’s Bench Division)

Guy Carpenter and Company Ltd & Ors v Howden Group Holdings Ltd & Ors [2023] EWHC 1114 (KB) (10 May 2023)

Source: www.bailii.org

Suitability duties and reasonable preferences that weren’t unreasonable – Nearly Legal

Posted May 10th, 2023 in disabled persons, homelessness, housing, judicial review, local government, news, statutory duty by sally

‘A judicial review on three grounds:

i) Breach of section 193(2) Housing Act 1996 duty to secure suitable accommodation;

ii) The Westminster’s allocation policy was unlawful in that it denied the applicant medical need priority reasonable preference, restricting him to homeless reasonable preference; and

iii) Breach of the duty under section 166A(9)(a)(ii) Housing Act 1996 to provide the applicant sufficient information to permit the applicant to determine whether housing accommodation appropriate to his needs is likely to be available to him and, if so, how long it is likely to be before such accommodation becomes available for allocation to him.’

Full Story

Nearly Legal, 8th May 2023

Source: nearlylegal.co.uk

The UK vs the ECtHR: Anatomy of A Politically Engineered Collision Course – EIN Blog

Posted May 10th, 2023 in asylum, bills, deportation, government departments, human rights, immigration, news by sally

‘In recent months, the UK government has tabled two Bills before Parliament which would have the consequence – and almost certainly have the intention – of setting the UK on a collision course with the Council of Europe, and especially the European Court of Human Rights (ECtHR). Both the Bill of Rights Bill and the Illegal Migration Bill, introduced on 22 June 2022 and 7 March 2023 respectively, contain provisions that openly flout the UK’s obligations under the European Convention on Human Rights (ECHR). While the former is currently in parliamentary limbo, the Illegal Migration Bill will probably become law, following extensive amendment by the House of Lords, which will debate it on 10 May.’

Full Story

EIN Blog, 9th May 2023

Source: www.ein.org.uk

Raab’s Bill of Rights Bill for final chop – Law Society’s Gazette

Posted May 10th, 2023 in bills, brexit, human rights, lord chancellor, news by sally

‘Dominic Raab’s plan for human rights law reform is to get its final coup de grace under lord chancellor Alex Chalk, according to media reports. The Bill of Rights Bill – introduced last summer and then shelved under Liz Truss’s government – is technically still before parliament, awaiting a second reading in the House of Commons. However its future has been in doubt despite Raab’s return to office under Rishi Sunak.’

Full Story

Law Society's Gazette, May 2023

Source: www.lawgazette.co.uk

Sheffield man beat neighbour to death with bag of Pokemon cards – BBC News

Posted May 10th, 2023 in drug abuse, imprisonment, mental health, murder, news, sentencing by sally

‘A man who bludgeoned his neighbour to death with a bag full of Pokemon cards because he was angry about being insulted has been jailed for life.’

Full Story

BBC News, 9th May 2023

Source: www.bbc.co.uk

Elections watchdog to conduct analysis of implementation of voter ID – Local Government Lawyer

Posted May 10th, 2023 in elections, identification, local government, news, ombudsmen by sally

‘The Electoral Commission has revealed it will conduct a “full report” on the May 2023 local elections, which will analyse the impact of the voter ID requirement.’

Full Story

Local Government Lawyer, May 2023

Source: www.localgovernmentlawyer.co.uk

London estate resident goes to high court over demolition plans – The Guardian

Posted May 10th, 2023 in housing, local government, London, news, planning by sally

‘A woman who has lived on the same council estate for 30 years has taken developers and her local authority to the high court over plans to demolish her home.’

Full Story

The Guardian, 9th May 2023

Source: www.theguardian.com

GB News broke rules over Covid jab claims – Ofcom – BBC News

Posted May 10th, 2023 in complaints, coronavirus, freedom of expression, media, news, ombudsmen, vaccination by sally

‘A GB News programme which broadcast claims that the Covid-19 vaccination programme amounted to “mass murder” has been found to have broken Ofcom rules.’

Full Story

BBC News, 9th May 2023

Source: www.bbc.co.uk

Misuse of private information in UK law – OUT-LAW.com

Posted May 10th, 2023 in data protection, freedom of expression, human rights, news, privacy by sally

‘Article 8 of the European Convention on Human Rights (‘the Convention’) protects a person’s right to “respect for his private and family life, his home and his correspondence”, while article 10 protects the right to freedom of expression.’

Full Story

OUT-LAW.com, 9th May 2023

Source: www.pinsentmasons.com

Judge criticises fundamental errors in childcare case after earlier ruling ignored – Local Government Lawyer

Posted May 9th, 2023 in care orders, case management, judgments, local government, news by sally

‘Her Honour Judge Madeleine Reardon has highlighted “fundamental errors” made in the preparation and presentation of a childcare case, in which a previous judgment given by the court was “completely ignored”.’

Full Story

Local Government Lawyer, 5th May 2023

Source: www.localgovernmentlawyer.co.uk

Blood test for sleepy drivers could pave way for prosecutions – The Guardian

Posted May 9th, 2023 in accidents, blood products, news, prosecutions, road safety by sally

‘A blood test to measure whether a driver who has caused an accident was impaired by lack of sleep could be available within two years, making it easier to legislate against drowsy drivers or their employers.’

Full Story

The Guardian, 8th May 2023

Source: www.theguardian.com

Offering Sharia-compliant occupational pensions – Pensions Barrister

Posted May 9th, 2023 in islamic law, news, pensions by sally

‘Lydia Seymour discusses the important and topical question of whether there is an obligation to offer Sharia-compliant pension schemes.’

Full Story

Pensions Barrister, 4th May 2023

Source: www.pensionsbarrister.com

BAILII: Recent Decisions

Posted May 9th, 2023 in law reports by sally

Court of Appeal (Civil Division)

T (Fact-Finding: Second Appeal) [2023] EWCA Civ 475 (05 May 2023)

CNM Estates (Tolworth Tower) Ltd v Carvill-Biggs & Anor [2023] EWCA Civ 480 (05 May 2023)

General Dental Council v Williams [2023] EWCA Civ 481 (05 May 2023)

High Court (Administrative Court)

Hunter v Secretary of State for Levelling Up, Housing & Communities & Anor [2023] EWHC 1068 (Admin) (05 May 2023)

Cruelty Free International, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 1064 (Admin) (05 May 2023)

Hogan, R (On the Application Of) v Financial Ombudsman Service Ltd & Anor [2023] EWHC 1061 (Admin) (05 May 2023)

Shawbrook Bank Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2023] EWHC 1069 (Admin) (05 May 2023)

Director of Public Prosecutions v Eastburn [2023] EWHC 1063 (Admin) (05 May 2023)

High Court (Chancery Division)

Third Eye Projects Ltd & Anor v Mint SPA [2023] EWHC 1023 (Ch) (05 May 2023)

Rosser v Pacifico Ltd [2023] EWHC 1018 (Ch) (05 May 2023)

Gueterbock & Anor v MacPhail & Anor [2023] EWHC 1035 (Ch) (04 May 2023)

High Court (Commercial Court)

Celestial Aviation Services LTD v UniCredit Bank AG, London Branch [2023] EWHC 1071 (Comm) (05 May 2023)

The Public Institution for Social Security v Al Wazzan & Ors [2023] EWHC 1065 (Comm) (05 May 2023)

High Court (King’s Bench Division)

National Highways Ltd v Persons Unknown & Ors [2023] EWHC 1073 (KB) (05 May 2023)

High Court (Technology and Construction Court)

Partakis-Stevens & Anor v Sihan & Ors (Re Consequential Matters) [2023] EWHC 1051 (TCC) (05 May 2023)

Source: www.bailii.org

High Court Considers Cart JR Ouster Clause – EIN Blog

Posted May 9th, 2023 in appeals, judicial review, jurisdiction, news, statutory interpretation, tribunals by sally

‘Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for judicial review; essentially a ‘Cart JR’ following the partial ouster of the High Court’s ‘Cart’ jurisdiction by the coming into force of section 2 of the Judicial Review and Courts Act 2022 on 14 July 2022.’

Full Story

EIN Blog, 9th May 2023

Source: www.ein.org.uk

Violent porn acts occurring in sexual abuse between under-18s, report finds – The Guardian

Posted May 9th, 2023 in bills, children, internet, news, pornography, reports, violence by sally

‘England’s children’s commissioner has called for the “most robust” online protections for under-18s after publishing research examining links between sexual abuse cases and pornography.’

Full Story

The Guardian, 9th May 2023

Source: www.theguardian.com

Armed forces complaint ‘used as weapon against me’ – BBC News

Posted May 5th, 2023 in armed forces, bullying, complaints, delay, harassment, news, ombudsmen, rape, sex discrimination, sexual offences, statistics, women by sally

‘Four years on from submitting a complaint alleging she had been raped while in the armed forces, “Jane” is still awaiting a decision and says it was used as a “weapon” against her.
She told the BBC that colleagues knew things about the confidential process “they should never have known”. Her concerns are not unique, according to a report by the ombudsman for armed forces complaints.’

Full Story

BBC News, 4th May 2023

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 5th, 2023 in law reports by sally

Court of Appeal (Civil Division)

Unicredit Bank AG v Euronav NV [2023] EWCA Civ 471 (04 May 2023)

Mackie Motors (Brechin) Ltd v RCI Financial Services Ltd [2023] EWCA Civ 476 (04 May 2023)

Altrad Services Ltd & Anor v Commissioners for His Majesty’s Revenue and Customs [2023] EWCA Civ 474 (03 May 2023)

High Court (Administrative Court)

Marland v Director of Public Prosecutions [2023] EWHC 1046 (Admin) (04 May 2023)

Jaberi, R (On the Application Of) v City of Westminster (Re Housing Act 1996) [2023] EWHC 1045 (Admin) (04 May 2023)

NCH (Vietnam), R (On the Application Of) v Sefton Metropolitan Borough Council [2023] EWHC 1033 (Admin) (03 May 2023)

High Court (Chancery Division)

James v Scudamore & Ors [2023] EWHC 996 (Ch) (03 May 2023)

High Court (Commercial Court)

Fibula Air Travel Srl v Just-Us Air Srl [2023] EWHC 1049 (Comm) (04 May 2023)

High Court (King’s Bench Division)

Nicholls & Anor v Mapfre Espana Compania de Seguros y Reaseguros SA [2023] EWHC 1031 (KB) (04 May 2023)

Source: www.bailii.org

New Acts – legislation.gov.uk

Posted May 5th, 2023 in employment, legislation, remuneration by sally

Employment (Allocation of Tips) Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 5th, 2023 in legislation by sally

SI 2023/484 – The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023

SI 2023/504 – The Building (Public Bodies and Higher-Risk Building Work) (England) Regulations 2023

Source: www.legislation.gov.uk

Law to extend use of CE mark on medical devices in Britain tabled – OUT-LAW.com

Posted May 5th, 2023 in brexit, EC law, medical treatment, news by sally

‘Medical device manufacturers should put a plan in place for using the new “UKCA” mark on their products – despite new legislation being put forward to allow EU-derived ‘CE’ markings to continue to be relied upon when selling such products in Britain for years to come.’

Full Story

OUT-LAW.com, 5th May 2023

Source: www.pinsentmasons.com