Ex-soldier inquest: ‘Veteran died after police Taser’ – BBC News
‘An Iraq and Afghanistan veteran with post-traumatic stress disorder died after being Tasered by police, an inquest has heard.’
BBC News, 1st November 2022
Source: www.bbc.co.uk
BAILII: Recent Decisions
X (Child Abduction: Habitual Residence) [2022] EWCA Civ 1423 (01 November 2022)
Stait v Cosmos Insurance Ltd Cyprus [2022] EWCA Civ 1429 (01 November 2022)
Cobalt Data Centre 2 LLP & Anor v Revenue And Customs [2022] EWCA Civ 1422 (31 October 2022)
Court of Appeal (Criminal Division)
AUL v R. [2022] EWCA Crim 1435 (31 October 2022)
High Court (Administrative Court)
Bojanowski v Regional Court In Lodz (Poland) [2022] EWHC 2754 (Admin) (01 November 2022)
De Aquino v Secretary of State for the Home Department [2022] EWHC 2730 (Admin) (31 October 2022)
Hetherington & Anor v Solicitors Regulation Authority Ltd [2022] EWHC 2722 (Admin) (31 October 2022)
High Court (Chancery Division)
Ras Al Khaimah Investment Authority v Farhad Azima [2022] EWHC 2727 (Ch) (01 November 2022)
Transworld Payment Solutions U.K. Ltd, Re [2022] EWHC 2742 (Ch) (31 October 2022)
High Court (King’s Bench Division)
Jones & Ors v Chapel-En-Le-Frith Council [2022] EWHC 2709 (KB) (01 November 2022)
Dyson & Ors v Channel Four Television Corporation & Anor [2022] EWHC 2718 (KB) (31 October 2022)
O’Brien v Guy’s & St Thomas’ NHS Trust [2022] EWHC 2735 (KB) (31 October 2022)
Source: www.bailii.org
Case Preview: News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs – UKSC Blog
‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the case of News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs, which is scheduled to be heard on 22 and 23 November 2022.’
UKSC Blog, 31st October 2022
Source: ukscblog.com
On credibility and penalties – Nearly Legal
‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
Twitter libel ruling vindicates TV presenter – Law Society’s Gazette
‘The Court of Appeal’s judgment was handed down in August 2022 in Laura Murray’s appeal against the ruling of Mr Justice Nicklin in Rachel Riley’s (pictured above) libel claim. The appeal was unanimously dismissed by the Court of Appeal, with £10,000 falling due to Riley.’
Law Society's Gazette, 28th October 2022
Source: www.lawgazette.co.uk
Claimants say Government sewage overflow plan contrary to ancient common law rights in pre-action letter – Local Government Lawyer
‘A surfer and an oyster supplier have joined with the Good Law Project to threaten a judicial review of a Government plan they argue will allow the discharge of untreated sewage into water bodies to continue for decades, breaching their “ancient” common law rights under the Public Trust Doctrine (PTD).’
Local Government Lawyer, 31st October 2022
Source: www.localgovernmentlawyer.co.uk
Is Rishi Sunak Prepared to Break International Refugee Law? – Each Other
‘During his summer leadership bid against Liz Truss, prime minister Rishi Sunak said he wanted to give Parliament powers to cap the number of refugees Britain accepts each year. His proposal was part of a ten-point plan on immigration, which also included tightening the definition of who can qualify for asylum and doing “whatever it takes” to pursue the government’s plan to offshore asylum seekers to Rwanda.’
Each Other, 31st October 2022
Source: eachother.org.uk
Mother wins £60,000 over Morrisons discrimination – BBC News
‘Morrisons has been told to pay a mother £60,000 for discriminating against her when she returned from maternity leave.’
BBC News, 31st October 2022
Source: www.bbc.co.uk
In Britain, a jail sentence is often a death sentence. What’s going on in our prisons? – The Guardian
‘Last year, 371 people died behind closed doors. We want justice for them – and an end to a cruel, complacent system.’
The Guardian, 30th October
Source: www.theguardian.com
Once more unto the breach – Nearly Legal
‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
On credibility and penalties – Nearly Legal
‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
UK medical devices law reforms delayed till 2024 – OUT-LAW.com
‘New UK medical device regulations are to be brought into force by July 2024 – a year later than originally anticipated, the Medicines and Healthcare products Regulatory Agency (MHRA) has confirmed.’
OUT-LAW.com, 28th October 2022
Source: www.pinsentmasons.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
East-West Logistics Llp v Melars Group Ltd [2022] EWCA Civ 1419 (28 October 2022)
TMO Renewables Ltd v Yeo & Ors [2022] EWCA Civ 1409 (28 October 2022)
High Court (Administrative Court)
High Court (Family Division)
Clarke v Clarke [2022] EWHC 2698 (Fam) (28 October 2022)
High Court (King’s Bench Division)
Hayden v Associated Newspapers Ltd [2022] EWHC 2693 (KB) (28 October 2022)
Source: www.bailii.org.uk
Mothers in law still struggle to juggle despite more supportive employers – Legal Futures
‘The vast majority of mothers (84%) working in the law still find it difficult to balance working life with the demands of being a mother, despite some signs of progress.’
Legal Futures, 31st October 2022
Source: www.legalfutures.co.uk
Vulnerable parties and civil proceedings – Family Law
‘The internet is replete with humorous courtroom exchanges – genuine or apocryphal – between hapless lawyers and intelligent, sarcastic witnesses but the reality is that advocates come prepared with plenty of experience and usually know what they are going to ask. In contrast, most parties and witnesses in civil claims have probably never been inside a court and their “preparation” for the experience itself may have involved watching multiple episodes of Kavanagh QC or similar, largely unrealistic, courtroom dramas.’
Family Law, 28th October 2022
Source: www.familylaw.co.uk
Losing litigant in mixed claim avoids immediate costs order – Law Society’s Gazette
‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’
Law Society’s Gazette, 28th October 2022
Source: www.lawgazette.co.uk
‘Public interest’ does not confer standing in JR, High Court rules – Law Society’s Gazette
‘The High Court will interfere with a public authority’s decision only if there has been an error of law, a judge has stressed in a ruling explaining the requirements for judicial review.’
Law Society’s Gazette, 28th October 2022
Source: www.lawgazette.co.uk
Child slave’s cannabis farm conviction overturned – BBC News
‘A man’s cannabis growing conviction has been overturned after it was found he was compelled to commit the crime as a modern slavery victim when he was 17.’
BBC News, 28th October 2022
Source: www.bbc.co.uk
