BAILII: Recent Decisions
Court of Appeal (Civil Division)
Ahamed, R (On the Application Of) v London Borough of Haringey [2023] EWCA Civ 975 (11 August 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Perhar v Freestone & Ors [2023] EWHC 2065 (Ch) (11 August 2023)
Colicci & Ors v Grinberg & Anor (Re Costs) [2023] EWHC 2075 (Ch) (11 August 2023)
High Court (Commercial Court)
Exelogen Inc v University of Birmingham [2023] EWHC 1523 (Comm) (11 August 2023)
High Court (Family Division)
Source: www.bailii.org
Suitability s202 reviews and ‘minded to’ regulations – Nearly Legal
‘Elbhiri v Royal Borough of Kensington and Chelsea. 9 December 2022. Central London County Court (Unreported – copy of judgment )
This is a s.204 appeal judgment that I have been sitting on for an inexcusably long time, ever since I was kindly sent the judgment. This is particularly inexcusable as it is a very interesting point at issue in this appeal. The brief background was that RBKC owed Ms Elbhiri the full housing duty following her homeless application. Ms E had been placed in temporary accommodation under s.193 Housing Act 1996. She then sought a review under s.202 of the suitability of the accommodation. The review upheld the suitability of the accommodation and Ms E brought a s.204 appeal.’
Nearly legal, 13th August 2023
Source: nearlylegal.co.uk
Coronial powers and the rights of the unborn (Part 1) – UK Human Rights Blog
‘In this two-part article, Maya Sikand KC, Tom Stoate, and Ruby Peacock, explore two difficult questions arising from the inquest into the “harrowing circumstances” of the death of a baby, Aisha Cleary, at HMP Bronzefield. This first part seeks to answer the question: should coroners have jurisdiction to investigate stillbirths?’
UK Human Rights Blog, 11th August 2023
Source: ukhumanrightsblog.com
Beware misusing personal data – Local Government Lawyer
‘A claimant recently won a High Court damages claim against a London borough for misuse of personal data, with the council ordered to pay £6,000 in damages. Ibrahim Hasan explains why.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
The 10 commandments? The 10 principles of the duty of candour – Local Government Lawyer
‘Colin Ricciardiello and Jonathan Blunden analyse the latest ruling on the duty of candour in judicial review proceedings.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
Courts operate at full throttle to cut delays – Ministry of Justice
‘The Crown Court will work at maximum capacity for the third year running to reduce waiting times to deliver access to justice, Justice Secretary Alex Chalk has today (11 August 2023) announced.’
Ministry of Justice, 11th August 2023
Source: www.gov.uk
Research Briefing: Artificial intelligence and employment law – House of Commons Library
‘Employers are increasingly using AI in recruitment and management. This briefing explores the employment law implications and proposals for regulatory reform.’
House of Commons Library , 11th August 2023
Source: commonslibrary.parliament.uk
Litigant in person made ‘unacceptable’ threats to judge – Law Society’s Gazette
‘The solution for a dissatisfied litigant is not to threaten the judge, an Insolvency and Company Courts judge has noted, revealing ”deep concern’’ at threats made as he delivered judgment.’
Law Society's Gazette, 11th August 2023
Source: www.lawgazette.co.uk
Woman in Teesside accused of carrying out own abortion to appear before judge – The Guardian
‘A 22-year-old woman accused of procuring a poison to abort her child shortly after the first Covid lockdown is due to appear before a judge this week. Bethany Cox is the fourth woman to be prosecuted in the last eight months for allegedly carrying out her own abortion, with only three trials in the 160 years before that, according to campaigners.’
The Guardian, 13th August 2023
Source: www.theguardian.com
Pub takeaway drinks rules to be continued for 18 months – BBC News
‘Pubs in England and Wales will be able to continue selling takeaway drinks after the government decided to keep Covid licensing rules.’
BBC News, 14th August 2023
Source: www.bbc.co.uk
The UK’s first case under the Subsidy Control Act 2022 – Local Government Lawyer
‘Jonathan Branton and Alexander Rose consider the lessons which can be learned from the Competition Appeal Tribunal’s decision in the Durham Company Limited v Durham County Council.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
Assessing someone as being clearly an adult – Local Government Lawyer
‘The Court of Appeal recently considered the approach to be taken to a claim for judicial review of a decision that SB was clearly and obviously an adult. Catherine Rowlands examines the judgment.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
BAILII: Recent Decisions
Supreme Court
Secretary of State for Transport v Curzon Park Ltd & Ors [2023] UKSC 30 (10 August 2023)
Brake & Anor v The Chedington Court Estate Ltd [2023] UKSC 29 (10 August 2023)
High Court (Administrative Court)
Enterprise Hangars Ltd v Fareham Borough Council [2023] EWHC 2060 (Admin) (10 August 2023)
igh Court (Family Division)
Augousti v Matharu [2023] EWHC 1900 (Fam) (10 August 2023)
A Mother v A Father & Ors [2023] EWHC 2059 (Fam) (08 August 2023)
High Court (King’s Bench Division)
Denzil v Mohammed & Anor [2023] EWHC 2077 (KB) (10 August 2023)
Source: www.bailii.org
Construction terms: contractual notices and condition precedent notices – OUT-LAW.com
‘The precise difference between the definition of a contractual notice and a condition precedent notice can be difficult to discern.’
OUT-LAW.com, 10th August 2023
Source: www.pinsentmasons.com
Rulings support trustees in bankruptcy in carrying out their duties – OUT-LAW.com
‘A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.’
OUT-LAW.com, 10th August 2023
Source: www.pinsentmasons.com
High Court judge rules inspector erred in law over scope of power to require removal of operational development – Local Government Lawyer
‘The High Court has decided that a planning inspector erred in law over a dispute about an enforcement notice served by Buckinghamshire Council.’
Local Government Lawyer, 10th August 2023
Source: www.localgovernmentlawyer.co.uk
Transport Secretary wins Supreme Court appeal over determinations on certificates of appropriate alternative development -Local Government Lawyer
‘The Supreme Court has allowed an appeal by the Secretary of State for Transport over the way in which compensation is calculated for land compulsory purchased for Birmingham’s Curzon Street HS2 station.’
Local Government Lawyer, 10th August 2023
Source: www.localgovernmentlawyer.co.uk
CPS cracks down on football tragedy abuse – Crown Prosecution Service
‘Fans are being warned they face being banned from football matches – and next year’s Men’s European Championships – if they commit tragedy-related abuse as prosecutors publish additional guidance today.’
Crown Prosecution Service, 7th August 2023
Source: www.cps.gov.uk
