‘This purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’
39 Essex Chambers, 9th March 2023
Source: www.39essex.com
‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’
Becket Chambers, 15th March 2023
Source: becket-chambers.co.uk
‘Police officers in England and Wales accused of violent and sexual misconduct are less likely to face disciplinary action under the revamped complaints system than the previous discredited regime, figures suggest.’
The Guardian, 11th April 2023
Source: www.theguardian.com
There will be no posts over the Easter holiday. We will resume posting on 11th April 2023.
‘A soldier from the elite unit responsible for protecting the royal family has been jailed for three years after selling bullets to an undercover officer in a police sting.’
The Independent, 6th April 2023
Source: www.independent.co.uk
Court of Appeal (Civil Division)
Sainsbury’s Supermarkets Ltd v Clark & Ors [2023] EWCA Civ 386 (06 April 2023)
Williamson v The Bishop of London & Ors [2023] EWCA Civ 379 (05 April 2023)
Secretary of State for the Home Department v Smith [2023] EWCA Civ 376 (05 April 2023)
Contra Holdings Ltd v Bamford [2023] EWCA Civ 374 (05 April 2023)
N (Refusal of Placement Order) [2023] EWCA Civ 364 (05 April 2023)
Court of Appeal (Criminal Division)
Romanenko, R. v [2023] EWCA Crim 368 (05 April 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Astrazeneca UK Ltd v Tesaro, Inc. [2023] EWHC 803 (Ch) (05 April 2023)
Mate v Mate & Ors [2023] EWHC 806 (Ch) (05 April 2023)
Chug & Anor v Dhaliwal & Anor [2023] EWHC 804 (Ch) (05 April 2023)
High Court (Commercial Court)
Credit Suisse AG v Burgundy Sea Ltd & Ors [2023] EWHC 809 (Comm) (05 April 2023)
High Court (King’s Bench Division)
Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB) (05 April 2023)
Al Sadeq v Dechert LLP & Ors [2023] EWHC 795 (KB) (05 April 2023)
Wilson v Emmott [2023] EWHC 816 (KB) (05 April 2023)
High Court (Technology and Construction Court)
Source: www.bailii.org
‘Suella Braverman is facing legal action on the eve of the Windrush scandal anniversary for refusing to implement all the recommendations from an independent review into the government’s wrongdoing.’
The Independent, 6th April 2023
Source: www.independent.co.uk
‘As [ministers] prepare to press ahead with a lengthy and convoluted process, we examine what the reforms would mean for trans people and those advocating for sex-based rights, as well as the motivations behind the move.’
The Guardian, 5th April 2023
Source: www.theguardian.com
‘Ministers will consider advice from the human rights watchdog about amending a legal definition of sex – which would make it easier to exclude transgender people from some groups or services.’
BBC News, 5th April 2023
Source: www.bbc.co.uk
‘A drug dealer who drove a car along a railway track while fleeing police has been jailed for 10 years.’
BBC News, 5th April 2023
Source: www.bbc.co.uk
‘The teacher in the East of England was left with a brain injury, loss of sight in her left eye and hearing in her left ear, bleeding kidneys, a damaged bladder and psychological injuries as a result of the incident.’
The Independent, 6th April 2023
Source: www.independent.co.uk
‘Seven climate activists who glued themselves to the road outside the Natural History Museum in south-west London have been convicted of obstructing a highway.’
The Guardian, 5th April 2023
Source: www.theguardian.com
‘The chairman of the infected blood public inquiry, Sir Brian Langstaff, said it was time to “recognise deaths which have so far gone unrecognised”.’
BBC News, 5th April 2023
Source: www.bbc.co.uk
‘The House of Commons European Scrutiny Committee published its findings on its latest analysis of the EU laws that could impact the UK on 4 April, which warns that cross-border cooperation between UK and EU police could end if proposed changes to the EU rules on police database information sharing enter into force without a deal to update the UK–EU Trade and Cooperation Agreement (TCA).’
Solicitors Journal, 5th April 2023
Source: www.solicitorsjournal.com
Court of Appeal (Civil Division)
The Official Receiver v Shop Direct Finance Company Ltd [2023] EWCA Civ 367 (05 April 2023)
London Luton Hotel BPRA Property Fund LLP v Revenue And Customs [2023] EWCA Civ 362 (04 April 2023)
Boydell v NZP Ltd & Anor [2023] EWCA Civ 373 (04 April 2023)
High Court (Administrative Court)
Adil v General Medical Council [2023] EWHC 797 (Admin) (05 April 2023)
Maidstone Borough Council v Beck & Ors [2023] EWHC 787 (Admin) (03 April 2023)
High Court (Chancery Division)
Bucknell v Alchemy Estates (Holywell) Ltd [2023] EWHC 683 (Ch) (04 April 2023)
Cutlers Holdings Ltd & Anor v Shepherd And Wedderburn LLP [2023] EWHC 720 (Ch) (04 April 2023)
High Court (King’s Bench Division)
Parkes v Hall & Anor [2023] EWHC 794 (KB) (04 April 2023)
Holt v Allianz Insurance Plc [2023] EWHC 790 (KB) (04 April 2023)
Source: www.bailii.org
‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’
3PB, March 2023
Source: www.3pb.co.uk
‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’
Mills & Reeve, 3rd April 2023
Source: www.mills-reeve.com
‘When an individual challenges a decision made by a public body (as happens in immigration cases), it is generally considered a fundamental feature of natural justice and fairness that they must be shown the evidence relied on by the decision-maker.’
Richmond Chambers, 24th March 2023
Source: immigrationbarrister.co.uk
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