BAILII: Recent Decisions
Court of Appeal (Civil Division)
Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 (20 January 2023)
Phoenix Group Foundation v Harbour Fund II LP & Ors [2023] EWCA Civ 36 (20 January 2023)
Court of Appeal (Criminal Division)
AFU, R. v [2023] EWCA Crim 23 (20 January 2023)
High Court (Administrative Court)
Khayyat & Anor v Westminster City Council [2023] EWHC 30 (Admin) (20 January 2023)
High Court (Chancery Division)
Malik & Ors v Malik [2023] EWHC 59 (Ch) (20 January 2023)
Despins v Kwok (Re Cross-Border Insolvency Regulations 2006) [2023] EWHC 74 (Ch) (20 January 2023)
Queensgate Place Ltd v Solid Star Ltd & Ors [2023] EWHC 93 (Ch) (20 January 2023)
Ryan & Anor v HSBC UK Bank Plc & Anor [2023] EWHC 90 (Ch) (20 January 2023)
High Court (Commercial Court)
Verlox International Ltd & Anor v Antoshin & Ors [2023] EWHC 86 (Comm) (20 January 2023)
BPY v MXV [2023] EWHC 82 (Comm) (20 January 2023)
High Court (King’s Bench Division)
AB v Secretary of State for Justice [2023] EWHC 72 (KB) (19 January 2023)
High Court (Technology and Construction Court)
Kirby v Electricity North West Ltd [2023] EWHC 75 (TCC) (20 January 2023)
Source: www.bailii.org
Court orders judge’s recusal due to “business association” with defendant – Legal Futures
‘The High Court has ruled that a circuit judge should not hear any more of a claim against HSBC because his own relationship with the bank raised the risk of apparent bias.’
Legal Futures, 23rd January 2023
Source: www.legalfutures.co.uk
Court rejects contempt bid over solicitor’s witness statement error – Legal Futures
‘The High Court has rejected an application to begin contempt proceedings against a solicitor over what it said was a simple error in a witness statement.’
Legal Futures, 23rd January 2023
Source: www.legalfutures.co.uk
What does political instability and market volatility mean for separating couples? – Family Law
‘What does political instability and market volatility mean for separating couples?’
Family Law, 20th January 2023
Source: www.familylaw.co.uk
Regulators plan new work on lawyers’ misuse of NDAs – Law Society’s Gazette
‘Regulators will seek to draw up new rules on dealing with lawyers who use non-disclosure agreements to cover up clients’ sexual misconduct and harassment, it has emerged.’
Law Society's Gazette, 23rd January 2023
Source: www.lawgazette.co.uk
Prisoner died after staff were ‘not properly trained to save lives’, coroner rules – The Independent
‘A prisoner died after staff when to provide adequate life support after he was found unresponsive in his bunk, a coroner has ruled.’
The Independent, 22nd January 2023
Source: www.independent.co.uk
Girl who had limbs amputated after hospital mistake wins seven-figure payout – The Independent
‘A girl who had all four of her limbs amputated after she was wrongfully discharged from hospital has won a multimillion-pound payout.’
The Independent, 22nd January 2023
Source: www.independent.co.uk
Revealed: scores of child asylum seekers kidnapped from Home Office hotel – The Guardian
‘Dozens of asylum-seeking children have been kidnapped by gangs from a Brighton hotel run by the Home Office in a pattern apparently being repeated across the south coast, an Observer investigation can reveal.’
The Guardian, 21st January 2023
Source: www.theguardian.com
Energy suppliers to be investigated over Britons forced on to prepayment meters – The Guardian
‘Energy companies are to be investigated by the regulator Ofgem after the number of households struggling with their bills being forced on to prepayment meters has increased sharply. Ofgem could consider taking legal action if it determines that the rise in the number of homes being forced on to prepayment meters is proven to show companies are not taking proper due care of vulnerable households.’
The Guardian, 23rd January 2023
Source: www.theguardian.com
Children law update – Local Government Lawyer
‘Michael Jones discusses a wide range of recent children law rulings from the Court of Appeal and the Family Division.’
Local Government Lawyer, 20th January 2023
Source: www.localgovernmentlawyer.co.uk
The CIL appeal in Braithwaite – Local Government Lawyer
‘Christopher Cant sets out the lessons to be learned from an important Court of Appeal ruling on the effect of a “revised liability notice” for Community Infrastructure Levy upon an earlier liability notice relating to a housing and office development for which planning permission had been granted.’
Local Government Lawyer, 20th January 2023
Source: www.localgovernmentlawyer.co.uk
Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
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)
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)
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
‘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.’
Legal Futures, 20th January 2023
Source: www.legalfutures.co.uk
Media get the go-ahead to report family proceedings – Law Society’s Gazette
‘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.’
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
‘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.’
Family Law Week, 18th January 2023
Source: www.familylawweek.co.uk
Better protection for rape victims from invasive record requests – Home Office
‘The Home Office will legislate to protect people, including rape victims, from unnecessary requests for personal records.’
Home Office, 20th January 2023
Source: www.gov.uk
Train firms ordered to stop misusing cancellation loophole – The Independent
‘Train operators have been ordered by a regulator to stop misusing a process which removes services from schedules without them being classed as cancelled.’
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
‘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.’
The Guardian, 19th January 2023
Source: www.theguardian.com