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.’

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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.’

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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.’

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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.’

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OUT-LAW.com, 5th May 2023

Source: www.pinsentmasons.com

Opportunities opening up for “long neglected” returners to the law – Legal Futures

Posted May 5th, 2023 in employment, flexible working, law firms, news, solicitors by sally

‘The legal profession’s growing appetite for hiring career returners is opening up a wealth of opportunities for a talented group of lawyers who have “long been neglected”.’

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Legal Futures, 5th May 2023

Source: www.legalfutures.co.uk

Post Office scandal highlights risk of lawyers “absorbing client’s view” – Legal Futures

Posted May 5th, 2023 in barristers, legal representation, legal services, news, postal service by sally

‘The Post Office scandal highlights the dangers of lawyers absorbing and reflecting back their client’s view “without sufficient independence and critical detachment”, academics have argued.’

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Legal Futures, 5th May 2023

Source: www.legalfutures.co.uk

Abuse survivors’ ‘utter dismay’ at report’s findings into bishop’s resignation – The Independent

Posted May 5th, 2023 in child abuse, children, Christianity, news, sexual offences by sally

‘An official report into the resignation of a Roman Catholic bishop who ignored warnings to stop associating with a paedophile has been met with “utter dismay” by abuse survivors.’

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The Independent, 4th May 2023

Source: www.independent.co.uk

Suella Braverman’s claims modern slavery laws are being abused questioned by Home Office’s own report – The Independent

Posted May 5th, 2023 in asylum, bills, deportation, forced labour, government departments, immigration, news, refugees, trafficking in human beings by sally

‘A Home Office report has raised fresh questions about Suella Braverman’s claims that modern slavery laws are being “abused” by small boat migrants.’

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The Independent, 4th May 2023

Source: www.independent.co.uk

Metal detectorists jailed for conspiring to sell rare Anglo-Saxon coins – The Guardian

Posted May 5th, 2023 in imprisonment, news, sentencing, treasure by sally

‘Two metal detector enthusiasts who conspired to illegally sell a cache of Anglo Saxon coins which help change our understanding of Alfred the Great have been jailed for more than five years.’

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BBC News, 4th May 2023

Source: www.theguardian.com

‘I was denied my right’: voter ID rules a barrier for some in England – The Guardian

Posted May 5th, 2023 in elections, fraud, identification, local government, news by sally

‘The introduction of voter ID in England has left a number of people, often from more marginalised groups, unable to cast ballots in local elections – although some officials’ fears of widespread chaos did not materialise.’

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The Guardian, 4th May 2023

Source: www.theguardian.com

Dad who violently shook seven-week-old son jailed – BBC News

Posted May 5th, 2023 in child cruelty, children, families, grievous bodily harm, imprisonment, news, sentencing by sally

‘A man who shook his seven-week-old son so violently that he was left brain damaged has been jailed for 10 years and nine months.’

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BBC News, 4th May 2023

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 4th, 2023 in law reports by sally

Court of Appeal (Criminal Division)

Ashaoui v R. [2023] EWCA Crim 455 (27 April 2023)

High Court (Chancery Division)

Wilmot-Smith v Burstall & Anor [2023] EWHC 962 (Ch) (03 May 2023)

High Court (Family Division)

Z (Disclosure To Social Work England : Costs) [2023] EWHC 982 (Fam) (28 April 2023)

High Court (King’s Bench Division)

Towarzystwo Ubezpieczen Interpolska SA v Mann [2023] EWHC 1040 (KB) (03 May 2023)

Transport for London v Persons Unknown & Ors [2023] EWHC 1038 (KB) (03 May 2023)

IEH v Powell [2023] EWHC 1037 (KB) (28 April 2023)

Source: www.bailii.org

New Acts – legislation.gov.uk

Posted May 4th, 2023 in indemnities, legislation, pensions by sally

2023 c. 14 – Pensions Dashboards (Prohibition of Indemnification) Act 2023

Source: www.legislation.gov.uk

Council defeats High Court challenge to enforcement notice – Local Government lawyer

Posted May 4th, 2023 in enforcement notices, equality, local government, news, planning by sally

‘Luton Borough Council has defeated a developer’s challenge to a planning enforcement notice in the High Court.’

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Local Government lawyer, 4th May 2023

Source: www.localgovernmentlawyer.co.uk

Ombudsman calls on major social landlord to pay more than £5k compensation after family left in “dangerous and unacceptable conditions” – Local Government Lawyer

Posted May 4th, 2023 in compensation, complaints, health & safety, housing, news by sally

‘The Housing Ombudsman found severe maladministration for housing association A2Dominion after its poor complaint handling left a mother and her family living in “dangerous and unacceptable conditions”.’

Full Story

Local Government Lawyer, 4th May 2023

Source: www.localgovernmentlawyer.co.uk

Drug dealer not “pressurised to plead guilty” by lawyers – Legal Futures

Posted May 4th, 2023 in drug offences, legal advice, negligence, news by sally

‘The Court of Appeal has rejected a claim from a convicted drug dealer that he was “pressurised” to plead guilty by “negligent advice” from his lawyers.’

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Legal Futures, 4th May 2023

Source: www.legalfutures.co.uk