BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
Swire, R (On the Application Of) v Canterbury City Council [2023] EWHC 1533 (Admin) (22 June 2023)
High Court (King’s Bench Division)
Source: www.bailii.org
Offenders on clean-up duty in anti-social behaviour crackdown – Ministry of Justice
‘New Community Payback teams to clean up fly-tipping or vandalism within 48 hours.’
Ministry of Justice, 22nd June 2023
Source: www.gov.uk
The timing of procurement challenges – Local Government Lawyer
‘Would-be challengers and defending contracting authorities need to be aware of a number of unique timing factors, and the notoriously short timeframes, for the initial stages of procurement challenges. The Altiatech judgment usefully examines some of the key risk areas, write Zachary Bourne, Lloyd Nail and Ian Tucker.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
“Premises” – what can and cannot be closed using a closure order – Local Government Lawyer
‘Kuljit Bhogal KC analyses an important recent High Court ruling on closure orders.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
Deprivation of liberty safeguards reform delayed – Law Society’s Gazette
‘Major reform of safeguards covering people detained under the Mental Capacity Act will be a matter for the next government, the current government has revealed.’
Law Society's Gazette, 22nd June 2023
Source: www.lawgazette.co.uk
Society secures JR permission over criminal legal aid fees – Law Society’s Gazette
‘The Law Society has been granted permission to take the government to court over its decision not to raise criminal legal aid fees by the minimum 15% recommended by the Bellamy review.’
Law Society's Gazette, 22nd June 2023
Source: www.lawgazette.co.uk
Bristol shop loses alcohol licence over noise complaints – BBC News
‘A 24-hour corner shop has lost its alcohol licence after neighbours complained noisy customers woke them up on a nightly basis.’
BBC News, 23rd June 2023
Source: www.bbc.co.uk
MasterChef: Caerwyn Ash jailed for child abuse images – BBC News
‘A MasterChef contestant has been jailed for possessing child abuse images and then blackmailing police officers when he was caught.’
BBC News, 22nd June 2023
Source: www.bbc.co.uk
Warehouse ad showed unhealthily thin model, ASA finds – BBC News
‘Fashion retailer Warehouse has been told an image on its website made a model “appear unhealthily thin”.’
BBC News, 21st June 2023
Source: www.bbc.co.uk
Asiah Kudi: Baby death could not have been predicted – inquest -BBC News
‘The death of a baby who was left alone for six days while her mother partied could not have been predicted, an inquest has concluded.’
BBC News, 21st June 2023
Source: www.bbc.co.uk
BAILII: Recent Decisions
Supreme Court
High Court (Administrative Court)
High Court (Chancery Division)
Bhandal v HM Revenue & Customs & Anor [2023] EWHC 1498 (Ch) (21 June 2023)
High Court (King’s Bench Division)
Hilden Developments Ltd v Phillips Auctioneers Ltd & Anor [2023] EWHC 1506 (KB) (21 June 2023)
Source: www.bailii.org
R (on the application of Wang and another) v Secretary of State for the Home Department [2023] UKSC 21 – EIN Blog
‘This appeal relates to the interpretation of the Immigration Rules, in particular the Tier 1 (Investor) Migrant regime (as in force in December 2017 – it has since been closed). This regime was designed to grant leave to remain to high-net-worth individuals making a substantial financial contribution to the UK. To qualify individuals were required to have £1 million (of either their own money or money borrowed from a UK-regulated financial institution) under their control in the UK. They must also have invested at least £750,000 of such sum in the UK through UK Government bonds or in shares in or loans to active and trading UK-registered companies (subject to certain further restrictions and exclusions).’
EIN Blog, 21st June 2023
Source: www.ein.org.uk
FSA proposals aim to drive improvements in UK food safety and hygiene – OUT-LAW.com
‘A recent consultation published by the UK’s Food Standards Agency (FSA) puts risk management practices, food safety culture and sustained compliance at the centre of its proposals for a modernised food hygiene delivery model.’
OUT-LAW.com, 20th June 2023
Source: www.pinsentmasons.com
Mike Gordon: Creating an Integrity and Ethics Commission in the UK: The Case for Reform and Challenges for Implementation – UK Constitutional Law Association
‘In an era of intense and continuing controversy over the rules of political responsibility, the question of how to reform the current framework of constitutional standards applicable to politicians requires serious consideration. In addition to the regularity with which allegations about ministerial irresponsibility are being raised and sometimes (eventually) addressed, there are clearly structural challenges relating to these accountability processes and practices. There are legitimate concerns about the consistency, certainty, efficacy, independence and transparency of decision-making in this context. These concerns apply to the way in which potential violations of ethical standards are investigated, and also to the way in which sanctions are (or are not – or are not for long) imposed on political actors who are found to have broken the rules. The systemic nature of the UK’s failings in this area shows the need to consider potentially radical constitutional reforms.’
UK Constitutional Law Association, 22nd June 2023
Source: ukconstitutionallaw.org
Council appeal succeeds after Upper Tribunal finds landlord questioned during First Tier Tribunal hearing was wrong person – Local Government Lawyer
‘The Upper Tribunal has remitted a decision concerning the penalty for an unlicensed landlord to the First Tier Tribunal after it became apparent that the man thought to be the landlord in the First Tier Tribunal hearing was, in fact, the landlord’s father.’
Local Government Lawyer, 22nd June 2023
Source: www.localgovernmentlawyer.co.uk
Claimant win High Court battle over social and life skills activities and disability related expenditure – Local Government Lawyer
‘The Royal Borough of Windsor & Maidenhead has lost a High Court case over whether a 25-year-old man with autism can count his social and life skills activities as disability related expenditure (DRE).’
Local Government Lawyer, 22nd June 2023
Source: www.localgovernmentlawyer.co.uk