BAILII: Recent Decisions
Court of Appeal (Civil Division)
Quantum Care Ltd & Anor v Modi [2023] EWCA Civ 171 (21 February 2023)
H-W (Care Proceedings: Further Fact-Finding Hearing) [2023] EWCA Civ 149 (21 February 2023)
R3 v Secretary of State for the Home Department [2023] EWCA Civ 169 (17 February 2023)
High Court (Administrative Court)
High Court (King’s Bench Division)
Goldhill Finance Ltd v Smyth [2023] EWHC 362 (KB) (21 February 2023)
Smith & Anor v Surridge & Ors [2023] EWHC 351 (KB) (20 February 2023)
High Court (Technology and Construction Court)
Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2023] EWHC 360 (TCC) (21 February 2023)
Source: www.bailii.org
Estate agent who failed to comply with selective licensing scheme to pay £35k after council prosecution – Local Government Lawyer
‘An estate agent that failed to license three residential properties subject to a selective licensing scheme has been ordered to pay £35,000 following a successful prosecution by Enfield Council.’
Local Government Lawyer, 20th February 2021
Source: www.localgovernmentlawyer.co.uk
Major social landlord to pay more than £2k after disabled resident left without use of toilet – Local Government Lawyer
‘The Housing Ombudsman has found severe maladministration at major social landlord Clarion after repeated drain blockages left a disabled resident unable to use a functioning toilet in their new build home.’
Local Government Lawyer, 21st February 2023
Source: www.localgovernmentlawyer.co.uk
High Court judge sets aside order requiring council to provide interim relief to asylum seeker bringing legal challenge over age assessment – Local Government Lawyer
‘A High Court judge has granted an application from Liverpool City Council to set aside his order requiring it to provide interim relief to an asylum seeker who claimed that an age assessment carried out by the local authority was “erroneous”.’
Local Government Lawyer, 21st February 2023
Source: www.localgovernmentlawyer.co.uk
Experts “too quick to dismiss” public concern over use of court data – Legal Futures
‘Senior government officials and lawtech specialists accept there is “meaningful” public concern about the use of data from the justice system, but often suggest the public does not “really understand the system”, a report has found.’
Legal Futures, 22nd February 2023
Source: www.legalfutures.co.uk
Juries in rape cases more likely to convict than acquit – Law Society’s Gazette
‘Juries in rape cases are more likely to convict than acquit a defendant, according to landmark research analysing nearly six million charges and every verdict reached between 2007 and 2021. The research, conducted by UCL’s Professor Cheryl Thomas, was commissioned by HM Judiciary after a petition was submitted to parliament calling for all jurors in rape trials to complete compulsory training about rape. The petition, signed by 16,445 people, stated that research showed jurors accepted commonly held rape myths, resulting in many incorrect not guilty verdicts.’
Law Society's Gazette, 21st February 2023
Source: www.lawgazette.co.uk
NHS trust faces £35k bill after legal row – BBC News
‘A Leicestershire NHS trust has been ordered to pay Harborough District Council £35,000 in legal fees after losing a court battle.’
BBC News, 21st February 2023
Source: www.bbc.co.uk
High Court to hear first stage of ‘partygate’ challenge against Met Police – The Independent
‘The High Court will hear the first stage of a challenge against the Metropolitan Police over the force’s investigation into former prime minister Boris Johnson’s attendance at Number 10 parties during lockdown.’
The Independent, 22nd February 2023
Source: www.independent.co.uk
Nicola Bulley: Lancashire Police investigated over death of another mother – The Independent
‘A police officer from the force criticised over the Nicola Bulley search is being investigated for gross misconduct after the death of a young mother who was also reported missing.’
The Independent, 22nd February 2023
Source: www.independent.co.uk
Black people labelled ‘backward’ as children seek justice for lifelong trauma – The Guardian
‘Black people wrongly labelled “educationally subnormal” as children in the UK before being sent to special schools have launched a campaign demanding an apology and compensation from the government.’
The Guardian, 21st February 2023
Source: www.theguardian.com
Change to treasure law ‘will keep more artefacts in UK museums’ – The Guardian
‘A rise in the number of detectorists unearthing historical artefacts has prompted an effort to broaden the legal definition of treasure to help museums to acquire important items.’
The Guardian, 18th February 2023
Source: www.theguardian.com
Shamima Begum: judges to rule if removal of UK citizenship was lawful – The Guardian
‘Judges will give their decision on Wednesday whether the removal of British citizenship from Shamima Begum, who left the UK as a 15-year-old schoolgirl to join Islamic State (IS), was lawful.’
The Guardian, 22nd February 2023
Source: www.theguardian.com
Nicola Bulley: Ofcom ‘extremely concerned’ by family media complaints – BBC News
‘Broadcasting regulator Ofcom has said it was “extremely concerned” to hear complaints made about ITV and Sky News by the family of Nicola Bulley. Ofcom said it had written to both “to ask them to explain their actions”.’
BBC News, 21st February 2023
Source: www.bbc.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Lone v Solicitors Regulation Authority Ltd [2023] EWHC 349 (Admin) (20 February 2023)
High Court (Technology and Construction Court)
Inhealth Intelligence Ltd v NHS England [2023] EWHC 352 (TCC) (20 February 2023)
Source: www.bailii.org
Updated consumer law guidance for higher education providers welcomed – OUT-LAW.com
‘Updated guidance for higher education (HE) providers announced by the UK Competition and Markets Authority (CMA) will help the sector ensure that their practices are compliant, according to one legal expert.’
OUT-LAW.com, 20th February 2023
Source: www.pinsentmasons.com
Underage sale of knives: sentencing guidelines published – Sentencing Council
‘New sentencing guidelines for sentencing retailers including large organisations and individual shop owners convicted of selling knives to children in England and Wales were published today by the Sentencing Council following consultation.’
Sentencing Council, 15th February 2023
Source: www.sentencingcouncil.org.uk
British husband and wife sentenced for smuggling migrants in sofas – Home Office
‘A married couple who smuggled Iraqi migrants into the UK by hiding them in sofas have been sentenced today.’
Home Office, 20th February 2023
Source: www.gov.uk
Domestic abusers face crackdown in raft of new measures – Home Office
‘Tougher management of most dangerous abusers and new protections for victims.’
Home Office, 20th February 2023
Source: www.gov.uk
Charities urge Justice Secretary Dominic Raab to guarantee better protection for women in Family Courts – Family Law
‘The Family Courts are failing survivors of domestic abuse, according to 28 leading women’s charities, solicitors and survivors. A letter signed by the group has been delivered to Secretary of State for Justice Dominic Raab today, calling for urgent action to stop the practice of perpetrators of domestic abuse from cross examining their victims in court.’
Family Law, 20th February 2023
Source: www.familylaw.co.uk
