BAILII: Recent Decisions

Posted February 2nd, 2023 in law reports by sally

Supreme Court

Fearn & Ors v Board of Trustees of the Tate Gallery [2023] UKSC 4 (01 February 2023)

Court of Appeal (Civil Division)

Mooney v Whiteland [2023] EWCA Civ 67 (01 February 2023)

Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & Ors [2023] EWCA Civ 61 (31 January 2023)

Philpot, R (On the Application Of) v Commissioner of Police of the Metropolis [2023] EWCA Civ 66 (31 January 2023)

Agca, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 56 (31 January 2023)

Court of Appeal (Criminal Division)

Holmes, R. v [2023] EWCA Crim 58 (31 January 2023)

High Court (Administrative Court)

Bristol Airport Action Network Co-Ordinating Committee v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 171 (Admin) (31 January 2023)

High Court (Chancery Division)

Horton v Eurobeam Services Ltd & Ors (Re Costs In the Matter of Mose Kraus) [2023] EWHC 173 (Ch) (01 February 2023)

KBC Developments LLP v Wavin Ltd & Anor [2023] EWHC 153 (Ch) (31 January 2023)

JSC Commercial Bank PrivatBank v Kolomoisky & Ors [2023] EWHC 165 (Ch) (31 January 2023)

High Court (Commercial Court)

Public Institution for Social Security v Ruimy & Anor [2023] EWHC 177 (Comm) (31 January 2023)

High Court (Technology and Construction Court)

Morgan Sindall Construction and Infrastructure Ltd v Capita Property and Infrastructure (Structures) Ltd & Anor [2023] EWHC 166 (TCC) (27 January 2023)

Source: www.bailii.org

Mobile phones and deprivations of liberty – Local Government Lawyer

Posted February 1st, 2023 in children, detention, human rights, local government, news, telecommunications, young persons by sally

‘Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting a High Court judge recently. Whilst his analysis concerned the position of a 16 year old, his conclusions apply equally to adults, writes Alex Ruck Keene KC (Hon).’

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Local Government Lawyer, 31st January 2023

Source: www.localgovernmentlawyer.co.uk

Court can enter judgment in favour of sanctioned Russian party – Legal Futures

Posted February 1st, 2023 in banking, dispute resolution, fraud, news, Russia, sanctions, Ukraine, war by sally

‘The UK sanctions regime does not block the courts from entering judgments in favour of a party on the sanctions list, the High Court has ruled.’

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Legal Futures, 1st February 2023

Source: www.legalfutures.co.uk

Flat owners win battle to stop Tate Modern visitors peering into their homes – The Independent

Posted February 1st, 2023 in appeals, housing, injunctions, news, privacy, Supreme Court by sally

‘The owners of four flats overlooked by the Tate Modern in London have won a Supreme Court privacy bid over the use of the gallery’s viewing platform.’

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The Independent, 1st February 2023

Source: www.independent.co.uk

Court of Appeal judge admits concern at “tortuous” process following fact-finding hearing in care proceedings but dismisses appeal – Local Government Lawyer

Posted February 1st, 2023 in appeals, care orders, child cruelty, children, families, local government, news by sally

‘A Court of Appeal judge has dismissed a mother’s appeal in care proceedings, despite expressing a number of concerns “about the prolonged and tortuous process that followed the fact-finding hearing”.’

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Local Government Lawyer, 31st January 2023

Source: www.localgovernmentlawyer.co.uk

Marriage and Civil Partnerships: Minimum Age, England and Wales – Law & Religion UK

Posted February 1st, 2023 in civil partnerships, marriage, news, young persons by sally

‘The Marriage and Civil Partnership (Minimum Age) Act 2022 (‘2022 Act’) received Royal Assent on 28th April 2022, and its implications were examined in a post by Russell Sandberg and Kathy Griffiths. Advice was issued by the Faculty Office, and in August 2022 the Government announced that it would be brought into effect on Monday 27 February 2023.’

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Law & Religion UK, 1st February 2023

Source: lawandreligionuk.com

Conor Casey: House of Lords Constitution Committee Rejects Significant Reform to UK Law Officers – UK Constitutional Law Association

Posted February 1st, 2023 in attorney general, constitutional law, constitutional reform, government departments, news, select committees by sally

‘The Attorney General and Solicitor General are the UK government’s principal legal advisors. Known collectively as the Law Officers, the origins of these ancient constitutional officers date back to the 13th Century. Historically, the Law Officers were leading barristers who acted as the Crown’s personal lawyers, fiercely representing their interests in legal proceedings. As political power passed from the Crown to the Prime Minister and their Cabinet, the Law Officers eventually became salaried ministers. Appointed and removed by the Crown on the advice of the Prime Minister, Law Officers today are typically qualified lawyers with experience in practice who are also political figures; as members of one of the Houses of Parliament, a member of government, and senior member of the governing political party.’

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UK Constitutional Law Association, 31st January 2023

Source: ukconstitutionallaw.org

Ex-West Midlands Police officer admits sex offences against girl he met online – BBC News

Posted February 1st, 2023 in child abuse, children, news, police, professional conduct, sexual grooming, sexual offences by sally

‘A former police officer has admitted sexual offences against a vulnerable 13-year-old girl he met online.’

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BBC News, 31st January 2023

Source: www.bbc.co.uk

Government promises robust crypto regulation – BBC News

Posted February 1st, 2023 in cryptocurrencies, financial regulation, government departments, news by sally

‘The government is announcing measures to “robustly” regulate the cryptocurrency industry.’

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BBC News, 31st January 2023

Source: www.bbc.co.uk

Ukraine war ‘opening eyes’ to need to reform England’s libel laws, says lawyer – The Guardian

Posted February 1st, 2023 in barristers, defamation, freedom of expression, media, news, Russia, Ukraine, war by sally

‘Russia’s invasion of Ukraine has helped “open eyes” to the idea of reforming England’s increasingly draconian libel and privacy laws, according to one of the country’s leading media advocates.’

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The Guardian, 31st January 2022

Source: www.theguardian.com

Police Receive Seven Reports Of So-Called Honour-Based Abuse A Day – Each Other

Posted January 31st, 2023 in assault, coercive & controlling behaviour, domestic violence, news, police, prosecutions, sexual offences, statistics, women by sally

‘Between March 2021 and March 2022 there were 2,887 honour-based abuse-related (HBA) offences recorded by the police in England and Wales, the second consecutive rise in HBA-related offences. Approximately seven cases are reported every day. However, the Home Office says that these cases are likely to only represent a small proportion of the actual offences committed.’

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Each Other, 27th January 2022

Source: eachother.org.uk

The FA v Chris Maguire: What are the Odds? – Football Law

Posted January 31st, 2023 in fines, gambling, news, regulations, sanctions, sport by sally

‘The FA Rules, rule E8.1 provides that Participants at Step 4 of the National League System and above (see pg. 437 of The FA Handbook 2022/23), and Steps 1 and 2 of the Women’s Football Pyramid (see pg. 462 of The FA Handbook 2022/23) are prohibited from betting on football anywhere in the world. However, breaches of Rule E8 are relatively common, with The FA prosecuting around 30-40 cases in the past three seasons.’

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Football Law, 31st January 2023

Source: www.footballlaw.co.uk

Conor Casey: House of Lords Constitution Committee Rejects Significant Reform to UK Law Officers – UK Constitutional Law Association

Posted January 31st, 2023 in attorney general, constitutional reform, lord chancellor, news, political parties, select committees by sally

‘The Attorney General and Solicitor General are the UK government’s principal legal advisors. Known collectively as the Law Officers, the origins of these ancient constitutional officers date back to the 13th Century. Historically, the Law Officers were leading barristers who acted as the Crown’s personal lawyers, fiercely representing their interests in legal proceedings. As political power passed from the Crown to the Prime Minister and their Cabinet, the Law Officers eventually became salaried ministers. Appointed and removed by the Crown on the advice of the Prime Minister, Law Officers today are typically qualified lawyers with experience in practice who are also political figures; as members of one of the Houses of Parliament, a member of government, and senior member of the governing political party.’

Full Story

UK Constitutional Law Association, 31st January 2023

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted January 31st, 2023 in legislation by sally

SI 2023/81 – The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2023

SI 2023/77 – The Firearms (Amendment) Rules 2023

SI 2023/74 – The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023

SI 2023/82 – The Marriage and Civil Partnership (Minimum Age) Act 2022 (Consequential Amendments) Regulations 2023

SI 2023/90 – The Environmental Targets (Woodland and Trees Outside Woodland) (England) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 31st, 2023 in law reports by sally

Court of Appeal (Civil Division)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2023] EWCA Civ 57 (30 January 2023)

A & V Building Solutions Ltd v J & B Hopkins Ltd [2023] EWCA Civ 54 (27 January 2023)

C & Ors, Re (Care Proceedings: Fact-Finding) [2023] EWCA Civ 38 (26 January 2023)

Clifford v Millicom Services UK Ltd & Ors [2023] EWCA Civ 50 (26 January 2023)

Court of Appeal (Criminal Division)

Soto & Anor, Re (Re Section 36 of the Criminal Justice Act 1988) (Rev1) [2023] EWCA Crim 55 (26 January 2023)

High Court (Administrative Court)

AF, R (On the Application Of) v Milton Keynes Council [2023] EWHC 163 (Admin) (30 January 2023)

The Porky Pint Ltd v Stockton On Tees Borough Council [2023] EWHC 128 (Admin) (27 January 2023)

Kozak v BUDA Central District Court, Hungary [2023] EWHC 149 (Admin) (27 January 2023)

BCD, R (On the Application Of) v Birmingham Children’s Trust [2023] EWHC 137 (Admin) (26 January 2023)

High Court (Chancery Division)

Johnson v Bank of Scotland Plc [2023] EWHC 169 (Ch) (30 January 2023)

Elevar Finance SPV Photon Llc v Somasundaram [2023] EWHC 151 (Ch) (27 January 2023)

Various Claimants v Serco Group Plc [2023] EWHC 119 (Ch) (26 January 2023)

Provincial Equity Finance Ltd v Dines [2023] EWHC 103 (Ch) (25 January 2023)

High Court (Commercial Court)

Navig8 Chemicals Pool Inc v Aeturnum Energy International PTE Ltd (Re Consequential Matters) [2023] EWHC 145 (Comm) (27 January 2023)

Gattaz Property Ltd & Anor v Versant Developments & Homes Ltd & Ors (Re Costs) [2023] EWHC 110 (Comm) (27 January 2023)

Gravelor Shipping Ltd v GTLK Asia M5 Ltd & Anor [2023] EWHC 131 (Comm) (27 January 2023)

Africa Sourcing Cameroun Ltd & Anor v LMBS Societe Par Actions Simplifiee & Anor [2023] EWHC 150 (Comm) (27 January 2023)

PJSC National Bank Trust & Anor v Boris Mints & Ors [2023] EWHC 118 (Comm) (27 January 2023)

Hangzhou Jiudang Asset Management Co Ltd & Anor v Hung (Re Costs) [2023] EWHC 130 (Comm) (26 January 2023)

ADM International SARL v Grain House International SA & Ors (Re Contempt of Court) [2023] EWHC 135 (Comm) (26 January 2023)

AerCap Ireland Ltd v AIG Europe SA & Anor [2023] EWHC 96 (Comm) (25 January 2023)

High Court (Family Division)

L, Re (Article 13: Protective Measures)(No. 2) [2023] EWHC 140 (Fam) (27 January 2023)

Manchester City Council v P (Refusal of Restrictions on Mobile Phone) (Rev1) [2023] EWHC 133 (Fam) (27 January 2023)

High Court (King’s Bench Division)

Armstrong v Secretary of State for Levelling-Up, Housing and Communities & Anor [2023] EWHC 142 (KB) (27 January 2023)

Kaye v Lees [2023] EWHC 152 (KB) (27 January 2023)

Graham (A Child) v Altaf [2023] EWHC 156 (KB) (27 January 2023)

DE v Chief Constable of West Midlands Police [2023] EWHC 146 (KB) (27 January 2023)

Daedone & Ors v British Broadcasting Corporation (Judgment No. 2) [2023] EWHC 113 (KB) (26 January 2023)

Bravo & Ors v Amerisur Resources Ltd (Re The Amerisur plc Putumayo Group Litigation) [2023] EWHC 122 (KB) (26 January 2023)

Daedone & Ors v British Broadcasting Corporation (Judgment No. 1) [2023] EWHC 106 (KB) (26 January 2023)

Shah v Imran & Ors [2023] EWHC 120 (KB) (26 January 2023)

Source: www.bailii.org

Law Pod UK latest episode: How to get Pupillage – UK Human Rights Blog

Posted January 31st, 2023 in news, podcasts, pupillage by sally

‘In Episode 178 Emma-Louise Fenelon speaks to Shahram Sharghy and Jo Moore about how to become a barrister. The episode considers the kind of research that is essential to do in advance, navigating the pupillage gateway, preparing for interviews, and dealing with rejection.’

Full Story

UK Human Rights Blog, 30th January 2023

Source: ukhumanrightsblog.com

Building Safety Act 2022: changing the rules on the landlord and tenant relationship, Part 2 – qualifying lease certificates – Practical Law: Construction Blog

Posted January 31st, 2023 in building law, health & safety, landlord & tenant, leases, news, service charges by sally

‘In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s certificate, designed as a tool for the landlord to communicate with leaseholders as to whether it is “responsible” for defects, or whether it meets the “contribution condition” in the BSA 2022. In this blog, I will focus on the second element of this new framework, the “qualifying lease certificate” or “leaseholder certificate”. The relevant provisions of the BSA 2022 came into force on 28 June 2022, and the related regulations have been in force since 21 July 2022.’

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Practical Law: Construction Blog, 25th January 2023

Source: constructionblog.practicallaw.com

Defendant landlord ordered to pay £52k+ after squashing three flats into basement without planning permission – Local Government Lawyer

Posted January 31st, 2023 in costs, fines, landlord & tenant, news, planning by sally

‘A landlord who put three flats into the basement of one of his properties in Camberwell has been ordered to pay more than £52,000 in illegal gains, fines and costs.’

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Local Government Lawyer, 30th January 2023

Source: www.localgovernmentlawyer.co.uk

Accent bias still holding back regional barristers, research finds – Legal Futures

Posted January 31st, 2023 in advocacy, barristers, bias, diversity, news by sally

‘Barristers with regional accents still encounter bias from both clients and professional colleagues that those who speak in what is regarded as an “acceptable” accent do not, new research has found.’

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Legal Futures, 30th January 2023

Source: www.legalfutures.co.uk

Child Maintenance Service to clamp down on domestic abuse – Family Law

Posted January 31st, 2023 in coercive & controlling behaviour, domestic violence, financial provision, news, victims by sally

‘Survivors of domestic abuse will be given the choice to allow the CMS to collect and make payments on their behalf – without the consent of an abusive ex-partner. This will prevent perpetrators from using child maintenance as a form of ongoing financial abuse and control and mean survivors will not have to have contact with their ex-partner if there is evidence of domestic violence.’

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Family Law, 26th January 2023

Source: www.familylaw.co.uk