BAILII: Recent Decisions

Posted January 20th, 2023 in law reports by sally

Supreme Court

Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2 (18 January 2023)

Court of Appeal (Civil Division)

Alam & Anor v Secretary of State for the Home Department [2023] EWCA Civ 30 (19 January 2023)

Prior & Ors v Commissioner of Police of the Metropolis (Rev1) [2023] EWCA Civ 32 (19 January 2023)

Raza v Secretary of State for the Home Department [2023] EWCA Civ 29 (18 January 2023)

High Court (Administrative Court)

Kuzmin v General Medical Council [2023] EWHC 60 (Admin) (18 January 2023)

Leeson, R (On the Application Of) v His Majesty’s Area Coroner for Manchester South [2023] EWHC 62 (Admin) (18 January 2023)

High Court (Chancery Division)

Zedra Trust Company (Jersey) Ltd v THG PLC & Ors [2023] EWHC 65 (Ch) (18 January 2023)

Quantum Advisory Ltd v Quantum Actuarial LLP [2023] EWHC 47 (Ch) (18 January 2023)

High Court (Commercial Court)

Integral Petroleum SA v Petrogat FZE & Ors [2023] EWHC 44 (Comm) (18 January 2023)

Navig8 Chemicals Pool Inc v Aeturnum Energy International PTE Ltd [2023] EWHC 67 (Comm) (18 January 2023)

ILFC Aircraft 32A-1808 Ltd v Fly Bosnia DOO [2023] EWHC 69 (Comm) (18 January 2023)

Peregrine Aviation Bravo Ltd & Ors v Laudamotion GmbH & Anor [2023] EWHC 48 (Comm) (17 January 2023)

High Court (King’s Bench Division)

Csoka v The Lord Chancellor [2023] EWHC 54 (KB) (18 January 2023)

Gerko v Seal & Ors [2023] EWHC 63 (KB) (18 January 2023)

Source: www.bailii.org

Firm handed largest-ever fine for transparency rules non-compliance – Legal Futures

Posted January 20th, 2023 in fines, law firms, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) has fined a law firm that did not comply with its transparency rules £3,500, the highest penalty it has issued for the offence.’

Full Story

Legal Futures, 20th January 2023

Source: www.legalfutures.co.uk

Media get the go-ahead to report family proceedings – Law Society’s Gazette

Posted January 20th, 2023 in anonymity, children, families, family courts, media, news, pilot schemes, reporting restrictions by sally

‘Journalists will be able to report on family court proceedings for the first time as part of a new pilot in a “big cultural change” to the Family Division. The hope is that the Transparency Reporting Pilot, to be conducted at three courts, will improve transparency and accountability.’

Full Story

Law Society's Gazette, 19th January 2023

Source: www.lawgazette.co.uk

Why are there so few registered psychologists working as expert witnesses in private law proceedings – Family Law Week

Posted January 20th, 2023 in expert witnesses, families, family courts, mental health, news, psychiatrists by sally

‘Dr Mark Hardiman, Chartered Psychologist based in The Psychology Clinic of East Anglia. Alongside his work in public law, in recent years he has developed a special interest and practice relating to high conflict post separation parenting and private law psychological assessment.’

Full Story

Family Law Week, 18th January 2023

Source: www.familylawweek.co.uk

Better protection for rape victims from invasive record requests – Home Office

Posted January 20th, 2023 in codes of practice, consultations, government departments, investigatory powers, news, police, privacy, rape, sexual offences, victims by sally

‘The Home Office will legislate to protect people, including rape victims, from unnecessary requests for personal records.’

Full Story

Home Office, 20th January 2023

Source: www.gov.uk

Train firms ordered to stop misusing cancellation loophole – The Independent

Posted January 20th, 2023 in news, railways, statistics, transport by sally

‘Train operators have been ordered by a regulator to stop misusing a process which removes services from schedules without them being classed as cancelled.’

Full Story

The Independent, 20th January 2023

Source: www.independent.co.uk

People born of rape now recognised in Victims’ Code in England and Wales – The Guardian

Posted January 20th, 2023 in bills, children, families, Ministry of Justice, news, pregnancy, rape, sexual offences, victims by sally

‘A woman conceived through rape, who has campaigned for a change in the law to recognise people like herself as victims, is celebrating after achieving her goal. The government has announced that the victims’ bill will extend the definition of a “victim” to include people who are born as a result of rape. It means England and Wales will be among the first in the world to officially confer victim status to children born of rape.’

Full press release

Full Story

The Guardian, 19th January 2023

Source: www.theguardian.com

Beth Matthews: Blogger who took poisonous substance failed by hospital – BBC News

Posted January 20th, 2023 in hospitals, inquests, mental health, negligence, news, suicide by sally

‘A mental health blogger who took her own life by swallowing a poisonous substance was failed by the psychiatric hospital caring for her, a jury has found.’

Full Story

BBC News, 19th January 2023

Source: www.bbc.co.uk

Former Royal Marine seeks £1.5m in damages over hearing loss – BBC News

Posted January 20th, 2023 in armed forces, compensation, damages, employment, health & safety, industrial injuries, negligence, news, noise, personal injuries by sally

‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’

Full Story

BBC News, 19th January 2023

Source: www.bbc.co.uk

Court of Appeal confirms s20 voluntary accommodation agreements can be used for settled long-term placements – Local Government Lawyer

Posted January 19th, 2023 in care orders, children, local government, news by sally

‘The Court of appeal has allowed two appeals which concerned the interplay between care orders and the voluntary accommodation of children under section 20 of the Children Act 1989.’

Full Story

Local Government Lawyer, 18th January 2023

Source: www.localgovernmentlawyer.co.uk

Government to give SRA power to demand more information from firms – Legal Futures

Posted January 19th, 2023 in bills, law firms, news, Solicitors Regulation Authority by sally

‘The government is to extend the Solicitors Regulation Authority’s (SRA) powers to demand information from solicitors and firms beyond money laundering matters to economic crime more generally.’

Full Story

Legal Futures, 19th January 2023

Source: www.legalfutures.co.uk

Next steps to rid police of misogyny and predatory behaviour – Home Office

Posted January 19th, 2023 in codes of practice, government departments, news, police, sexual offences, vetting, women by sally

‘The Home Secretary has set out next steps to strengthen vetting of police officers following the David Carrick case.’

Full Story

Home Office, 18th January 2023

Source: www.gov.uk

Costs protection still in place for last-minute discontinuance, rules CoA – Law Society’s Gazette

Posted January 19th, 2023 in civil procedure rules, costs, news, personal injuries, striking out by sally

‘A claimant who discontinued his personal injury case on the morning of trial should still be entitled to costs protection, the Court of Appeal has ruled.’

Full Story

Law Society’s Gazette, 18th January 2023

Source: www.lawgazette.co.uk

SRA imposes record £20,000 fine for AML failings – Law Society’s Gazette

Posted January 19th, 2023 in fines, law firms, money laundering, news, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority has fined a firm a record £20,000 for failing to have anti-money laundering training and systems in place.’

Full Story

Law Society’s Gazette, 18th January 2023

Source: www.lawgazette.co.uk

Church of England bishops refuse to back gay marriage – The Guardian

Posted January 19th, 2023 in Church of England, clergy, homosexuality, marriage, news by sally

‘The Church of England has rejected demands to allow clergy to conduct same-sex marriages but is proposing that couples who married in a civil ceremony may have their union blessed in church.’

Full Story

The Guardian, 18th January 2023

Source: www.theguardian.com

Paula Leeson: Father of drowned heiress wins legal challenge – BBC News

Posted January 19th, 2023 in evidence, inquests, married persons, murder, news by sally

‘The father of a wealthy heiress who drowned while on holiday in Denmark has won a High Court challenge over the scope of an inquest into her death.’

Full Story

BBC News, 18th January 2023

Source: www.bbc.co.uk

Eamonn Holmes in challenge to tax tribunal ruling over ’employee’ status at ITV – The Independent

Posted January 19th, 2023 in appeals, income tax, media, national insurance, news, self-employment, tribunals by sally

‘Television presenter Eamonn Holmes is challenging a tribunal ruling that concluded he should be treated as an ITV employee for tax reasons when he presented This Morning.’

Full Story

The Independent, 15th January 2023

Source: www.independent.co.uk

Inquiry launched into corruption claims after crowd crush at O2 Academy Brixton – The Independent

Posted January 19th, 2023 in bribery, corruption, health & safety, inquiries, licensed premises, news, security companies by sally

‘The Security Industry Authority (SIA) is launching an inquiry into corruption allegations made following the crowd crush at the O2 Academy Brixton last month when two people died.’

Full Story

The Independent, 18th January 2023

Source: www.independent.co.uk

Mental health racial bias in England and Wales is ‘inexcusable’, says report – The Guardian

Posted January 19th, 2023 in bills, detention, medical treatment, mental health, minorities, news by sally

‘Ministers must use legislation to address an “unacceptable and inexcusable” failure to address racial disparity in the use of the Mental Health Act, MPs and peers have said.’

Full Story

The Guardian, 19th January 2023

Source: www.theguardian.com

Gender row legal challenge likely to fail – judge – BBC News

Posted January 19th, 2023 in bills, birth certificates, devolution, equality, gender, news, Scotland, transgender persons by sally

‘The Scottish government’s chances of winning a legal challenge over the gender reform row are “very low”, a former Supreme Court judge has said.’

Full Story

BBC News, 18th January 2023

Source: www.bbc.co.uk