BAILII: Recent Decisions
Court of Appeal (Civil Division)
J (Children: Reopening Findings of Fact) [2023] EWCA Civ 465 (28 April 2023)
McClean & Ors v Thornhill [2023] EWCA Civ 466 (28 April 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Carey Street Investments Ltd & Anor v Brown & Anor [2023] EWHC 968 (Ch) (28 April 2023)
Tolley v No Defendant (Re Caroline Fisher) [2023] EWHC 979 (Ch) (28 April 2023)
Green v White Lantern Film (Britannica) Ltd & Anor [2023] EWHC 930 (Ch) (28 April 2023)
Nasmyth Group Ltd, Re (Re Companies Act 2006) [2023] EWHC 988 (Ch) (28 April 2023)
McDonagh & Anor v Reeve [2023] EWHC 933 (Ch) (28 April 2023)
High Court (Commercial Court)
Manek & Ors v 360 One WAM Ltd & Ors (Re Consequentials) [2023] EWHC 985 (Comm) (28 April 2023)
High Court (Family Division)
S v D & Anor (Rev1) [2023] EWHC 984 (Fam) (28 April 2023)
High Court (King’s Bench Division)
Thomas v Porter [2023] EWHC 983 (KB) (28 April 2023)
Palmer v Farmer & Ors [2023] EWHC 976 (KB) (28 April 2023)
High Court (Technology and Construction Court)
Sleaford Building Services Ltd v Isoplus Piping Systems Ltd [2023] EWHC 969 (TCC) (28 April 2023)
Source: www.bailii.org
What Could Artificial Intelligence Mean For Human Rights? – Each Other
‘If you have not heard of artificial intelligence (AI), you most likely will have heard of the likes of facial recognition and online chatbots, both of which use it. While AI has the potential to help solve societal challenges, there has been a mass call for global regulation to ensure it is used in responsible and inclusive ways. In May, the European Parliament will vote on the AI Act, which will set out to regulate AI technologies in order to protect human rights. In an open letter to members of the parliament’s leading committees, civic organisations including Amnesty International have called for the following to be prohibited: automated risk assessments and profiling systems; predictive analytical systems used to interdict, curtail and prevent migration; and “deception detectors” and remote biometric identification cards (RBI) in the context of migration and border management.’
Each Other, 27th April 2023
Source: eachother.org.uk
Snoring is not ASB, not even in Lambeth – Nearly Legal
‘LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023. Our grateful thanks to Angharad Monk of Garden Court for this note of LB Lambeth’s claim for an injunction against Ms Fanfair under Part 1 Anti-Social Behaviour, Crime and Policing Act 2014, and the much delayed (if surely inevitable) strike out of the claim. A county court decision, but worthy of note here not just for the flimsy and inadequate evidence on which Lambeth initiated and pursued proceedings, but also for the way they continued to pursue proceedings for the best part of a year, despite breaching directions and despite the evidence of their own expert. Lambeth not turning up to the final hearing was perhaps a fitting dénouement. Anyway, the upshot is that ordinary noise is not ASB, and lack of sound insulation does not make ordinary use into a nuisance.’
Nearly Legal, 1st May 2023
Source: nearlylegal.co.uk
Suitability review – excluding information, and ending existing accommodation – Nearly Legal
‘Querino v Cambridge City Council. County Court at Cambridge, 29 March 2023. Continuing the trend (of which I wholeheartedly approve) of people sending me notes of judgments, the following is a note of a s.204 appeal of a suitability review decision from Toby Vanhegan of 4-5 Gray’s Inn and Manjinder Atwal of Duncan Lewis, for which we are very grateful. The issues were i) whether a “minded to” letter should have been sent, ii) whether the council should have been satisfied that the applicant could end his licence in time to take up the offer of Part VI accommodation, and iii) the review officer had wrongly excluded the applicant’s supporting material from CAFCASS.’
Nearly Legal, 1st May 2023
Source: nearlylegal.co.uk
Terrorist prisoners to face tougher limits behind bars – Ministry of Justice
‘Convicted terrorists will be banned from taking a leading role in religious services and face more rigorous checks for extremist literature as the government redoubles efforts to crackdown on dangerous radicalisers behind bars.’
Ministry of Justice, 30th April 2023
Source: www.gov.uk
LSB looks to beef up regulatory response to misuse of NDAs – Legal Futures
‘The need for a “strengthened and harmonised regulatory approach” to tackle the misuse of non-disclosure agreements (NDAs) is being probed by the Legal Services Board.’
Legal Futures, 2nd May 2023
Source: www.legalfutures.co.uk
Supreme Court rules on liability in Jehovah’s Witness rape case – Law Society’s Gazette
‘”Deeper pockets” is not sufficient justification for extending vicarious liability “beyond its principled boundaries” the Supreme Court has found, as it ruled a congregation cannot be liable for a rape committed by one of its elders.’
Law Society's Gazette, 2nd May 2023
Source: www.lawgazette.co.uk
Trial for Chris Packham’s libel claim set to begin – The Independent
‘Environmentalist Chris Packham’s libel trial over denied allegations that he misled the public into donating to a wildlife charity to rescue “broken” tigers from circuses is set to begin at the High Court.’
The Independent, 2nd May 2023
Source: www.independent.co.uk
Rhondda Cynon Taf: Schizophrenic detained for killing woman – BBC News
‘A schizophrenic who killed and then dismembered a woman at her home has been sentenced to an indefinite hospital order.’
BBC News, 29th April 2023
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2023/464 – The Energy Bills Discount Scheme (Non-Standard Cases) Regulations 2023
SI 2023/463 – The Energy Bills Discount Scheme Pass-through Requirement Regulations 2023
SI 2023/461 – The International Tax Compliance (Amendment) Regulations 2023
SI 2023/456 – The Direct Payments to Farmers (Reductions) (England) Regulations 2023
SI 2023/453 – The Energy Bills Discount Scheme Regulations 2023
SI 2023/467 – The Charities (Dispositions of Land: Designated Advisers and Reports) Regulations 2023
SI 2023/468 – The Microchipping of Cats and Dogs (England) Regulations 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 (26 April 2023)
Court of Appeal (Civil Division)
Match Group, LLC & Ors v Muzmatch Ltd & Anor [2023] EWCA Civ 454 (27 April 2023)
A, B & C (Fact-Finding: Gonorrhoea) [2023] EWCA Civ 437 (26 April 2023)
Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2023] EWCA Civ 438 (25 April 2023)
Floreat Investment Management Ltd v Churchill & Ors [2023] EWCA Civ 440 (25 April 2023)
High Court (Administrative Court)
Wyrebek v Circuit Court, Gliwice, Poland [2023] EWHC 951 (Admin) (27 April 2023)
High Court (Chancery Division)
AXA Sun Life Plc & Ors v Commissioners of Inland Revenue & Anor [2023] EWHC 944 (Ch) (26 April 2023)
THJ Systems Ltd & Anor v Sheridan & Anor [2023] EWHC 927 (Ch) (26 April 2023)
Avanti Communications Ltd, Re [2023] EWHC 940 (Ch) (25 April 2023)
High Court (Commercial Court)
PD Teesport Ltd v P&O North Sea Ferries Ltd [2023] EWHC 857 (Comm) (26 April 2023)
Emirates Shipping Line DMCES v Gold Star Line Ltd [2023] EWHC 880 (Comm) (25 April 2023)
High Court (Family Division)
James v Seymour [2023] EWHC 844 (Fam) (19 April 2023)
High Court (King’s Bench Division)
Shaw v Estate of Martin Wood [2023] EWHC 975 (KB) (27 April 2023)
Maidstone Borough Council v Brazil & Ors [2023] EWHC 965 (KB) (27 April 2023)
Hay v Cresswell [2023] EWHC 882 (KB) (26 April 2023)
XX v Barts Health Trust [2023] EWHC 963 (KB) (26 April 2023)
Danielewicz v Cannon & Anor [2023] EWHC 948 (KB) (26 April 2023)
Rowbottom v The Estate of Peter Howard, Deceased & Anor [2023] EWHC 931 (KB) (25 April 2023)
Source: www.bailii.org
Military sites and asylum seeker accommodation – Local Government Lawyer
‘The High Court recently struck out an application by a council for an injunction to prevent the use of an airfield for asylum accommodation. Paul Brown KC, Nick Grant and Rebecca Sage explain why.’
Local Government Lawyer, 28th April 2023
Source: www.localgovernmentlawyer.co.uk
Changing the narrative on neurodiversity: smoothing out the bumps in the road – Local Government Lawyer
‘Libby Hubbard looks at a recent Employment Appeal Tribunal case that considered whether a staff member’s behaviour and his disability were linked.’
Local Government Lawyer, 28th April 2023
Source: www.localgovernmentlawyer.co.uk
High Court dismisses legal challenge over government failure to implement Care Act system for appeals against care and support decisions – Local Government Lawyer
‘A High Court judge has rejected a judicial review challenge to the Secretary of State for Health and Social Care’s decision not to make regulations for appeals against local authority decisions under Part 1 of the Care Act 2014.’
Local Government Lawyer, 27th April 2023
Source: www.localgovernmentlawyer.co.uk
High stakes: gambling reform for the digital age – Official publications
‘High stakes: gambling reform for the digital age.’
Official Publications, 27th April 2023
Source: www.gov.uk
Two men convicted of conspiring to sell 9th century Anglo-Saxon coins – Crown Prosecution Service
‘Two metal detectorists have been convicted of conspiring to sell criminal property and being in the possession of criminal property after attempting to sell Anglo-Saxon coins from a Viking hoard worth £766,000.’
Crown Prosecution Service, 28th April 2023
Source: www.cps.gov.uk
Default Rules in the Common Law: Substantive Rules and Precedent – Supreme Court
‘Default Rules in the Common Law: Substantive Rules and Precedent, presentation at International Workshop on Default Rules in Private Law.’
Supreme Court, 24th march 2023
Source: www.supremecourt.uk
