Suella Braverman facing legal action over broken Windrush pledges – The Independent
‘Suella Braverman is facing legal action on the eve of the Windrush scandal anniversary for refusing to implement all the recommendations from an independent review into the government’s wrongdoing.’
The Independent, 6th April 2023
Source: www.independent.co.uk
What would changing the Equality Act mean for trans people and single-sex spaces? – The Guardian
‘As [ministers] prepare to press ahead with a lengthy and convoluted process, we examine what the reforms would mean for trans people and those advocating for sex-based rights, as well as the motivations behind the move.’
The Guardian, 5th April 2023
Source: www.theguardian.com
Law change could aid single-sex spaces – watchdog – BBC News
‘Ministers will consider advice from the human rights watchdog about amending a legal definition of sex – which would make it easier to exclude transgender people from some groups or services.’
BBC News, 5th April 2023
Source: www.bbc.co.uk
Cheshunt railway tracks Land Rover driver jailed for 10 years – BBC News
‘A drug dealer who drove a car along a railway track while fleeing police has been jailed for 10 years.’
BBC News, 5th April 2023
Source: www.bbc.co.uk
Teacher awarded £350,000 after pupil assault caused life-changing injuries – The Independent
‘The teacher in the East of England was left with a brain injury, loss of sight in her left eye and hearing in her left ear, bleeding kidneys, a damaged bladder and psychological injuries as a result of the incident.’
The Independent, 6th April 2023
Source: www.independent.co.uk
Seven Just Stop Oil activists convicted over London road blockade – The Guardian
‘Seven climate activists who glued themselves to the road outside the Natural History Museum in south-west London have been convicted of obstructing a highway.’
The Guardian, 5th April 2023
Source: www.theguardian.com
Judge says parents and children should receive infected blood payments – BBC News
‘The chairman of the infected blood public inquiry, Sir Brian Langstaff, said it was time to “recognise deaths which have so far gone unrecognised”.’
BBC News, 5th April 2023
Source: www.bbc.co.uk
Committee report warns that police cooperation between the UK and EU could end without action on trade agreement – Solicitors Journal
‘The House of Commons European Scrutiny Committee published its findings on its latest analysis of the EU laws that could impact the UK on 4 April, which warns that cross-border cooperation between UK and EU police could end if proposed changes to the EU rules on police database information sharing enter into force without a deal to update the UK–EU Trade and Cooperation Agreement (TCA).’
Solicitors Journal, 5th April 2023
Source: www.solicitorsjournal.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
The Official Receiver v Shop Direct Finance Company Ltd [2023] EWCA Civ 367 (05 April 2023)
London Luton Hotel BPRA Property Fund LLP v Revenue And Customs [2023] EWCA Civ 362 (04 April 2023)
Boydell v NZP Ltd & Anor [2023] EWCA Civ 373 (04 April 2023)
High Court (Administrative Court)
Adil v General Medical Council [2023] EWHC 797 (Admin) (05 April 2023)
Maidstone Borough Council v Beck & Ors [2023] EWHC 787 (Admin) (03 April 2023)
High Court (Chancery Division)
Bucknell v Alchemy Estates (Holywell) Ltd [2023] EWHC 683 (Ch) (04 April 2023)
Cutlers Holdings Ltd & Anor v Shepherd And Wedderburn LLP [2023] EWHC 720 (Ch) (04 April 2023)
High Court (King’s Bench Division)
Parkes v Hall & Anor [2023] EWHC 794 (KB) (04 April 2023)
Holt v Allianz Insurance Plc [2023] EWHC 790 (KB) (04 April 2023)
Source: www.bailii.org
A Real Shift – Substantial Changes to CPR 44.14 – 3PB
‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’
3PB, March 2023
Source: www.3pb.co.uk
The English courts found to have jurisdiction where an alternative forum was available – Mills & Reeve
‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’
Mills & Reeve, 3rd April 2023
Source: www.mills-reeve.com
Closed Material Procedures in Immigration Cases – Richmond Chambers
‘When an individual challenges a decision made by a public body (as happens in immigration cases), it is generally considered a fundamental feature of natural justice and fairness that they must be shown the evidence relied on by the decision-maker.’
Richmond Chambers, 24th March 2023
Source: immigrationbarrister.co.uk
100 former rugby league players start legal fight with RFL over brain injuries – The Guardian
‘Legal proceedings have been formally issued against the Rugby Football League on behalf of 100 former league players who contend the sport was negligent in failing to take reasonable action to protect them from serious brain injuries.’
The Guardian, 4th April 2023
Source: www.theguardian.com
Divorce reform: work finally begins on finances review – Law Society’s Gazette
‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’
Law Society's Gazette, 4th April 2023
Source: www.lawgazette.co.uk
Civil Mediation – Becket Chambers
‘Many parties express an initial reluctance to engage in mediation as they think that mediation won’t be able to solve particular types of “personal” disputes, for example, probate claims where a dispute has arisen within a family about a Will or boundary disputes where neighbours are arguing about whether a fence or hedge is in the right place. They are also often concerned that offering to mediate will be seen by “the other side” as a sign of weakness or used against them if the matter does go to Court.’
Becket Chambers, 22nd March 2023
Source: becket-chambers.co.uk
Court of Appeal re-affirms restrictions on use of expert evidence in Road Traffic Accident claims – 39 Essex Chambers
‘In Raspin v Taylor [2022] EWCA Civ 1613 the Court of Appeal re-affirmed the need for the limited use of expert reconstruction evidence in road traffic claims. The Court had originally advised upon restriction of such evidence in the case of Liddell v Middleton [1996] P.I.Q.R P36. Needless to say, over the next 25 years adherence to such guidance was not followed by the parties nor enforced by the lower courts on case management.’
39 Essex Chambers, 14th March 2023
Source: www.39essex.com
Domestic abuse victims who do not live with abuser ‘to get better protection’ – The Independent
‘Domestic abuse victims who do not live with their abuser will receive better protection against threats and intimidation, the Government has announced.’
The Independent, 5th April 2023
Source: www.independent.co.uk
The Proposed Changes to Panel Composition in the ET and the EAT – A Valuable Cost Saving Exercise, or an Erosion of Justice? – Parklane Plowden Chambers
‘Sir Keith Lindblom, Senior President of Tribunals has in recent weeks launched a consultation paper seeking views on the proposals to potentially change the composition of ETs and the EAT, with a view to removing, or further reducing the use of lay members in all but the most complex cases. But what effect, if any, would this change have on the administration of justice?’
Parklane Plowden Chambers, 8th March 2023
Source: www.parklaneplowden.co.uk
