BAILII: Recent Decisions
Court of Appeal (Civil Division)
HXA v Surrey County Council [2022] EWCA Civ 1196 (31 August 2022)
High Court (Administrative Court)
High Court (Patents Court)
Cook (UK) Ltd v Boston Scientific Ltd & Ors [2022] EWHC 2248 (Pat) (30 August 2022)
Source: www.bailii.org
Local authority age assessments considered in R (HAM) v Brent LBC – EIN Blog
‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’
EIN Blog, 1st September 2022
Source: www.ein.org.uk
“Church treasures”: an unnecessary classification? – Law & Religion UK
‘The recently published Removal of bells from a closed church considers two judgments relating to St James, Church Kirk in the Blackburn Diocese; the earlier case, Re St James Church Kirk [2019] ECC Bla 4, suggested that the designation of “church treasure” was not appropriate in relation to one of the church’s bells [12, 13]. The Worshipful John W Bullimore addressed the issue in the context of a closed church, and below we explore this further and consider the utility of such a designation, other than providing a convenient shorthand for a range of disparate but valuable objects.’
Law & Religion UK, 2nd September 2022
Source: lawandreligionuk.com
The test for discharging a planning condition – Local Government Lawyer
‘A local authority recently defeated a judicial review challenge in the High Court in relation to discharging planning conditions. Piers Riley-Smith explains how.’
Local Government Lawyer, 2nd September 2022
Source: www.localgovernmentlawyer.co.uk
Late service of CIL liability notice – Local Government Lawyer
‘Christopher Cant analyses the consequences of a delay in issuing and serving a Community Infrastructure Levy (CIL) liability notice when it comes to enforcement.’
Local Government Lawyer, 2nd September 2022
Source: www.localgovernmentlawyer.co.uk
Time taken to get civil cases to trial reaches all-time high – Legal Futures
‘The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.’
Legal Futures, 2nd September 2022
Source: www.legalfutures.co.uk
Man jailed for attacking blind wife with meat cleaver – BBC News
‘A man has been jailed for nine years after striking his blind wife in the head with a meat cleaver.’
BBC News, 1st September 2022
Source: www.bbc.co.uk
Convictions for peaceful protests “should not lead to regulatory action” – Legal Futures
‘The Solicitors Regulation Authority (SRA) is unlikely to take action against solicitors convicted in exercising their right to protest where no significant harm has been caused, it said yesterday.’
Legal Futures, 2nd September 2022
Source: www.legalfutures.co.uk
Babies, bodies and borders: the risks and rise of surrogacy – Family Law
‘Despite its challenges, surrogacy is becoming a readily available form of family formation for many who have endured considerable heartache and difficulty in conceiving naturally. Surrogacy has an important role to play within our modern society particularly bearing in mind the overwhelming tide-change in social attitudes, the importance of assisted reproduction, such as IVF, and the introduction of same sex marriage which was legalised back in 2014.’
Family Law, 1st September 2022
Source: www.familylaw.co.uk
Court of Appeal reopens claims on child abuse duty of care – Law Society’s Gazette
‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’
Law Society's Gazette, 1st September 2022
Source: www.lawgazette.co.uk
NEWS Flirting, banter and plying with drink: SRA sets out detailed sexual misconduct guidance – Law Society’s Gazette
‘The Solicitors Regulation Authority today set out in granular detail what will or may constitute sexual misconduct by solicitors, after a surge of complaints in the past five years.’
Law Society's Gazette, 1st September 2022
Source: www.lawgazette.co.uk
House of Zana boutique owner celebrates trademark win against Zara – The Guardian
‘A boutique owner who took on the world’s largest fashion retailer and won is urging other independent stores to stand up to big business.’
The Guardian, 31st August 2022
Source: www.theguardian.com
Child protection agencies failed son of drug addict, review finds – The Guardian
‘A severely asthmatic seven-year-old boy who died “gasping for air” alone at night was failed by child protection agencies who “could and should have done better”, a serious case review has found.’
The Guardian, 1st September 2022
Source: www.theguardian.com
Rwanda flight migrants include torture victims, say doctors – BBC News
‘A detailed clinical review of the backgrounds of asylum seekers likely to be sent to Rwanda has found many may have been tortured.’
BBC News, 1st September 2022
Source: www.bbc.co.uk
Parents’ legal bid to ban sex education in schools fails
‘A last-minute legal bid to block the teaching of relationships and sexuality education (RSE) in schools has failed. Five parents wanted to withdraw their children from the mandatory lessons from the start of the new term or stop the rollout of RSE altogether in Wales. At the High Court, judge Mrs Justice Tipples said an injunction would cause “very substantial disruption” just days before the start of a new term. A judicial review already granted to the group is scheduled for November.’
BBC New, 1st September 2022
Source: www.bbc.co.uk
First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street
‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’
23 Essex Street, 25th August 2022
Source: www.23es.com
Craig Barlow & Olivia Beach succeed in judicial review of Secretary of State for the Home Department’s unreasonable delay relocating the Claimant, breaching her Section 4(2) duty – 33 Bedford Row
‘Craig Barlow and Olivia Beach, a second six pupil in Chambers, have succeeded in a judicial review challenging the Secretary of State for the Home Department’s (“SSHD”) unreasonable delay in relocating the Claimant who suffers from severe medical issues.’
33 Bedford Row, 17th August 2022
Source: www.33bedfordrow.co.uk
What impact might the Bill of Rights have on freedom of expression cases? Part II – Constitutional Law Matters
‘In this second post, Godwin Busuttil explains how the proposed Bill of Rights would change how courts were required to interpret the scope of Convention rights in the freedom of expression context. The Bill if enacted would mean that UK courts no longer needed to take account of decisions of the European Court of Human Rights. UK courts would also be expected generally not to interpret Convention rights in a way that was more expansive than interpretations placed upon those rights by the European Court of Human Rights. However, they would be allowed to do so when this was to protect freedom of expression.’
Constitutional Law Matters, 24th August 2022
Source: constitutionallawmatters.org
What impact might the Bill of Rights have on freedom of expression cases? Part I – Constitutional Law Matters
‘In the first of two posts, Godwin Busuttil, a barrister at 5RB specialising in media and communications law, sets out how the Bill of Rights Bill may change the law relating to freedom of expression. Convention rights can be used to protect freedom of speech by protecting journalists from having to reveal their sources. This helps to promote freedom of expression as it means journalists can print stories without concerns that legal action may be taken against their source – e.g. if they have leaked a story that is in the public interest – which in turn would risk such sources ‘drying up’.’
Constitutional Law Matters, 23rd August 2022
Source: constitutionallawmatters.org
