BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for the Home Department v Cox & Ors [2023] EWCA Civ 551 (19 May 2023)
Stoute & Anor v News Group Newspapers Ltd [2023] EWCA Civ 523 (19 May 2023)
Allami v Fakher [2023] EWCA Civ 532 (19 May 2023)
Healey v Fraine & Ors [2023] EWCA Civ 549 (19 May 2023)
Sicwebu v Secretary of State for the Home Department [2023] EWCA Civ 550 (19 May 2023)
Invest Bank PSC v El-Husseini & Ors [2023] EWCA Civ 555 (19 May 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Ortiz-Patino v MGI Golf and Leisure Opportunities Fund Ltd [2023] EWHC 1203 (Ch) (19 May 2023)
Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors [2023] EWHC 1184 (Ch) (19 May 2023)
Commissioners for His Majesty’s Revenue and Customs v Malde [2023] EWHC 1188 (Ch) (19 May 2023)
High Court (King’s Bench Division)
Prismall v Google UK Ltd & Anor [2023] EWHC 1169 (KB) (19 May 2023)
Halborg & Anor v Halborg & Ors [2023] EWHC 1190 (KB) (19 May 2023)
Wood v Foyer Assurances SA [2023] EWHC 1193 (KB) (19 May 2023)
Source: www.bailii.org
Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association
‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’
UK Constitutional Law Association , 22nd May 2023
Source: ukconstitutionallaw.org
Is “ethnocentric nationalism” protected by s.10 of the Equality Act?: Cave – Law & Religion UK
‘In Mr A Cave v The Open University [2023] UKET 3313198/2020, the OU received internal and external complaints in June 2020 about what was claimed to be racist material that Mr Cave had posted on Twitter and on a YouTube channel he had set up entitled “Renew Britannia” [6].’
Law & Religion UK, 22nd May 2023
Source: lawandreligionuk.com
UK parliament to debate university statutory duty of care towards students – OUT-LAW.com
‘As the UK parliament prepares to debate a petition by families of students that have died by suicide while at university, is it possible that additional statutory duties could be imposed upon UK’s higher education providers to protect the health, safety and wellbeing of their students, legal experts have said.’
OUT-LAW.com, 19th May 2023
Source: www.pinsentmasons.com
New ACAS mental health guidance: reasonable adjustments – Local Government Lawyer
‘ACAS, in conjunction with Affinity Health at Work, has launched new guidance on reasonable adjustments for mental health at work. It contains guidance for both employers and workers. David Leach and Hannah Peto examine what it says.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Court of Appeal overturns judgment on use of appeal planning officers – Local Government Lawyer
‘The Court of Appeal has allowed an appeal over a High Court ruling that found the Planning Inspectorate’s model of employing appeal planning officers in aiding determination of certain planning appeals was unlawful.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Google representative action on behalf of 1.6m people struck out – Legal Futures
‘The High Court has struck out a representative action brought on behalf of 1.6m people who claimed Google and DeepMind Technologies misused their medical records.’
Legal Futures, 22nd May 2023
Source: www.legalfutures.co.uk
Court upholds Covid will witnessed through car window – Legal Futures
‘The High Court has praised the “ingenious arrangement” of witnessing a will through a car window in the early days of the pandemic.’
Legal Futures, 22nd May 2023
Source: www.legalfutures.co.uk
Man jailed for role in running website involved in multi-million-pound fraud – Crown Prosecution Service
‘A man responsible for running a website used by fraudsters across the world has been imprisoned for being involved in a multi-million-pound fraud.’
Crown Prosecution Service, 19th May 2023
Source: www.cps.gov.uk
CPS ‘cherrypicking’ cases to prosecute, say senior police chiefs – The Guardian
‘Two of Britain’s most senior police chiefs have accused prosecutors of “cherrypicking” cases to prosecute in court and warned that victims were being let down.’
The Guardian, 18th May 2023
Source: www.theguardian.com
CPS Says: Conviction rates play no part in deciding whether or not to charge a case – Crown Prosecution Service
‘Conviction rates play no part in CPS decision making – so we know a story this week “CPS failing victims by cherry-picking cases” may have caused concern.’
Crown Prosecution Service, 19th May 2023
Source: www.cps.gov.uk
Couple get payout after water buffaloes fall into Essex swimming pool – The Guardian
‘An Essex couple have spent 10 months seeking compensation after 18 escaped water buffaloes stampeded through their garden, with eight of them taking a morning dip in their new swimming pool.’
The Guardian, 20th May 2023
Source: www.theguardian.com
Kaylea Titford: Parents’ jail terms increased for neglect death – BBC News
‘Two parents who left their 16-year-old daughter to die in squalor have had their sentences for neglect increased.’
BBC News, 20th May 2023
Source: www.bbc.co.uk
Work-related suicide probe call after death of head teacher Ruth Perry – BBC News
‘Every work-related suicide should be investigated by the Health and Safety Executive, experts have said, in the wake of the death of a head teacher following an Ofsted inspection.’
BBC News, 22nd May 2023
Source: www.bbc.co.uk
Received wisdom – Local Government Lawyer
‘Matt Hutchings KC, Ranjit Bhose KC and Shomik Datta report on a dispute between two public bodies about the interpretation of a commercial lease, implied terms and estoppel by convention worth over £200m.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Squaring the circle – Local Government Lawyer
‘What steps can a local authority take to ensure a lawful deprivation of liberty in an unregistered children’s home in England for children under 16? Hannah Taylor and Ruth Atkinson-Wilks explain.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2023/543 – The Social Security and Universal Credit (Miscellaneous Amendments) Regulations 2023
SI 2023/540 – The Railways and Other Guided Transport Systems (Safety) (Amendment) Regulations 2023
SI 2023/554 – The National Health Service (Primary Dental Services) (Amendment) Regulations 2023
SI 2023/552 – The Elections Act 2022 (Commencement No. 8) Regulations 2023
SI 2023/549 – The Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Revenue and Customs v SSE Generation Ltd [2023] UKSC 17 (17 May 2023)
Court of Appeal (Civil Division)
Bogolyubova v Bogolyubov & Anor [2023] EWCA Civ 547 (18 May 2023)
Bhaur & Ors v Equity First Trustees (Nevis) Ltd & Ors [2023] EWCA Civ 534 (18 May 2023)
AB v Worcestershire County Council & Anor (Rev1) [2023] EWCA Civ 529 (17 May 2023)
Close Brothers Ltd v Rooster Trucking Company Ltd & Ors [2023] EWCA Civ 533 (17 May 2023)
Court of Appeal (Criminal Division)
Barton, R. v [2023] EWCA Crim 531 (17 May 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Colicci & Ors v Grinberg & Anor [2023] EWHC 1177 (Ch) (18 May 2023)
Financial Conduct Authority v Exall & Anor [2023] EWHC 1130 (Ch) (17 May 2023)
Stitch Editing Ltd v TikTok Information Technologies UK Ltd [2023] EWHC 1167 (Ch) (17 May 2023)
Town and Country Properties (GB) Ltd & Ors v Patel & Ors [2023] EWHC 1168 (Ch) (17 May 2023)
Source: www.bailii.org
Renters (Reform) Bill – overview Part 2 – Nearly Legal
‘Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it. Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn’t really make much of a change to existing law. The Bill adds an implied term that the tenant has a right to request to keep a pet and that the landlord cannot unreasonably refuse such a request. Where the landlord’s own lease forbids pets, or requires the superior landlord’s consent, the landlord is to request this. It is not unreasonable for a landlord to refuse permission if their superior landlord had refused consent, or if the landlord’s own lease forbids pets.’
Nearly Legal , 18th May 2023
Source: nearlylegal.co.uk
