‘Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest’s decision to discharge duty. Mekonen v LB Waltham Forest, County Court at Central London, 8 August 2022.’
Nearly Legal, 9th October 2022
Source: nearlylegal.co.uk
‘Company directors need to remain wary of their duty to consider the interests of creditors in certain circumstances, despite a new UK Supreme Court ruling that they are likely to welcome, experts have said.’
OUT-LAW.com, 10th October 2022
Source: www.pinsentmasons.com
‘There are many points of note for those interested in Constitutional law in the recently published Retained EU Law (Revocation and Reform) Bill 2022 (“the Bill”). This post focuses on the proposal to bind the Government to accomplishing the complex process of assimilating desirable retained EU law into domestic legislation before a stated deadline using the sunsetting provisions in clauses 1 and 3 of the Bill. It asks why sunsetting is needed, suggesting the motivation lies, at least in part, in the Government’s desire to reap the so-called “Brexit dividend” by reducing the burden of regulation from EU-derived measures as quickly as possible. It goes on to question whether the sunset clauses will ultimately assist in that aim.’
UK Constitutional Law Association, 10th October 2022
Source: ukconstitutionallaw.org
‘There were 237 applications to deprive children of their liberty in the first two months of the new national deprivation of liberty (DoLs) court, the Nuffield Family Justice Observatory (NFJO) has said.’
Local Government Lawyer, 6th October 2022
Source: www.localgovernmentlawyer.co.uk
‘A solicitor who gave 115 clients the wrong advice about the ground rent provisions in the leases of properties they were buying – because of an incorrect precedent – has been fined £15,000.’
Legal Futures, 10th October 2022
Source: www.legalfutures.co.uk
‘Trying to define and prove controlling and coercive behaviours both before and after Re H v N 2020 [2021] EWCA Civ 448 has been difficult and occasionally contradictory. This Article looks at ways in which companion animal abuse or threats to them, can help shed light on what we mean by controlling and coercive behaviours and how such can provide very powerful evidence to prove it. It also suggests that by introducing this evidence into our thinking and case law we shine a light on the links between domestic abuse, child abuse and animal abuse and so better protect not only human victims of abuse but also the animals we share our lives and family life with.’
Family Law, 10th October 2022
Source: www.familylaw.co.uk
‘The Child Safeguarding Practice Review Panel has published a paper setting out key findings from reviews where domestic abuse featured.’
Family Law, 10th October 2022
Source: www.familylaw.co.uk
‘A High Court judge has made a veiled warning to solicitors not to over-plead on data protection cases and incur massive costs on unnecessary litigation.’
Law Society’s Gazette, 10th October 2022
Source: www.lawgazette.co.uk
‘A man has been banned from driving after admitting riding an e-scooter while over the legal alcohol limit.’
BBC News, 10th October 2022
Source: www.bbc.co.uk
‘Two people who tried to smuggle up to £1.75m of cocaine into the UK had their goods replaced by wooden blocks.’
BBC News, 10th October 2022
Source: www.bbc.co.uk
‘A 23-year-old British man has been sentenced to life in prison for murdering his 19-year-old Canadian girlfriend after she travelled to the UK to meet him.’
The Independent, 11th October 2022
Source: www.independent.co.uk
‘A primary school whose top management were paid £1.49m last year has become among the first to use strike-busting legislation allowing them to hire agency workers to replace striking staff.’
The Guardian, 11th October 2022
Source: www.theguardian.com
‘Violent and sexual crimes are among cases wrongfully dropped by the Crown Prosecution Service in the past year.’
BBC News, 11th October 2022
Source: www.bbc.co.uk
Supreme Court
BTI 2014 LLC v Sequana SA & Ors [2022] UKSC 25 (05 October 2022)
Court of Appeal (Civil Division)
Koza Ltd & Anor v Koza Altin Isletmeleri AS [2022] EWCA Civ 1284 (07 October 2022)
High Court (Chancery Division)
Taylor & Anor v Legal and General Partnership Services Ltd [2022] EWHC 2475 (Ch) (07 October 2022)
Pegler & Ors v McDonald & Anor [2022] EWHC 2505 (Ch) (07 October 2022)
High Court (Commercial Court)
Vitol SA v JE Energy Ltd [2022] EWHC 2494 (Comm) (07 October 2022)
Optimares SpA v Qatar Airways Group QCSC [2022] EWHC 2507 (Comm) (07 October 2022)
Optimares SpA v Qatar Airways Group QCSC [2022] EWHC 2461 (Comm) (07 October 2022)
High Court (Technology and Construction Court)
InHealth Intelligence Ltd v NHS England [2022] EWHC 2471 (TCC) (06 October 2022)
Source: www.bailii.org
‘Recent case law has shown how careful parties need to be when drafting a liquidated damages (LDs) regime. The case of Buckingham Group Contracting Ltd v Peel L&P Investments and Property Ltd provides yet another example of what can happen if there is any ambiguity in the drafting.’
Practical Law: Construction Blog, 5th October 2022
‘The Court of Appeal has concluded in the Attorney General’s referral of the jury acquittal of the Colston 4 that ECHR rights were not engaged where damage to property was criminal. Rosalind English analyses the ruling.’
Local Government Lawyer, 7th October 2022
Source: www.localgovernmentlawyer.co.uk
‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’
Local Government Lawyer, 7th October 2022
Source: www.localgovernmentlawyer.co.uk
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