BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Dudley Metropolitan Borough Council v Mailley [2022] EWHC 2328 (QB) (14 September 2022)
Source: www.bailii.org
Opposition against a UK trade mark application – OUT-LAW.com
‘Once a trade mark application has successfully passed the examination of the UK Intellectual Property Office (UK IPO), it is published in the Trade Marks Journal. The application is then open for others to oppose its registration. This brief summary explains the procedures for opposing trade mark applications in the UK and for defending an opposition. The proceedings are the same for national UK filings as well as for international registrations designated to the UK.’
OUT-LAW.com, 14th September 2022
Source: www.pinsentmasons.com
Does the “No notice, no Act” party wall decision leave us in a no win situation? – Practical Law: Construction Blog
‘For many property practitioners, whose work comes within the orbit of the Party Wall etc. Act 1996 (PWA 1996), the High Court’s decision in Power and another v Shah earlier this year only confirmed what they already believed: if a building owner has not served a party wall notice before embarking on their works, an adjoining owner cannot invoke the dispute resolution process under section 10 of the PWA 1996 to seek redress and compensation.
But what does that mean in practical terms for the adjoining owner, and is either party better off as a result?’
Practical Law: Construction Blog, 14th September 2022
Council succeeds in part over whether landlords were “fit and proper” – Local Government Lawyer
‘A London borough has won on two limited points out of four grounds on which it appealed in a case over whether landlords were “fit and proper”.’
Local Government Lawyer, 15th September 2022
Source: www.localgovernmentlawyer.co.uk
Court of Protection judge backs trial period of 92-year-old being cared for at home, saying risk was manageable – Local Government Lawyer
‘A Court of Protection judge has approved a trial period where a 92-year-old woman (AC) is care for in her home, in a case where the council argued that she should remain in a care home.’
Local Government Lawyer, 15th September 2022
Source: www.localgovernmentlawyer.co.uk
Court denies claimant chance to recover deductions made by PI firm – Law Society’s Gazette
‘A former client who threatened his solicitors with legal action over deductions from his damages has been told he cannot pursue the case.’
Law Society's Gazette, 14th September 2022
Source: www.lawgazette.co.uk
YouTuber guilty of Oval pitch invasion during England game – BBC News
‘A self-styled YouTube prankster who collided with England cricketer Jonny Bairstow after invading the pitch at the Oval has been found guilty of aggravated trespass.’
BBC News, 14th September 2022
Source: www.bbc.co.uk
Benjamin Mendy found not guilty of one count of rape – BBC News
‘Manchester City footballer Benjamin Mendy has been found not guilty of one count of rape on the direction of the judge at his trial.’
BBC News, 13th September 2022
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
A (A Child : Withdrawal of Treatment: Legal Representation) [2022] EWCA Civ 1221 (09 September 2022)
High Court (Administrative Court)
Marinescu & Ors v Judecatoria Neamt, Romania & Anor [2022] EWHC 2317 (Admin) (12 September 2022)
High Court (Chancery Division)
Korchevtsev v Severa & Ors [2022] EWHC 2324 (Ch) (13 September 2022)
Source: www.bailii.org.uk
Research Briefing: The death of a monarch – House of Commons Library
‘The death of a monarch – and the accession of a new sovereign – involves the Cabinet, the Privy Council, Parliament, Buckingham Palace and the Church of England. This paper outlines the historical precedents for the events that will follow the death of Her Majesty Queen Elizabeth II.’
House of Commons Library , 9th September 2022
Source: commonslibrary.parliament.uk
Tenant successfully defends unlawful subletting case brought by London borough: report – Local Government Lawyer
‘The London Borough of Lambeth has lost a case in which it thought a woman was illegally sub-letting a one-bed studio council flat.’
Local Government Lawyer, 13th September 2022
Source: www.localgovernmentlawyer.co.uk
Unbundling has potential to improve access to justice – and clients – Legal Futures
‘Unbundling has the potential to increase access to justice and help firms attract new clients, but awareness among lawyers and consumers is low, research by the Solicitors Regulation Authority (SRA) has found.’
Legal Futures, 14th September 2022
Source: www.legalfutures.co.uk
Reece Heffernan stabbing: Three jailed for murder – BBC News
‘Three drug dealers who stabbed a man to death in the street have been jailed for his murder.’
BBC News, 13th September 2022
Source: www.bbc.co.uk
Claimant seeks judicial review of grant of planning permission which will see closure of highway – Local Government Lawyer
‘The City of York Council has been threatened with a judicial review of its decision to grant planning permission for the extension of a museum which detractors argue involves removing a vital route into the city for pedestrians and cyclists.’
Local Government Lawyer, 12th September 2022
Source: www.localgovernmentlawyer.co.uk
The importance of an appropriate Mortgagee Exclusion Clause – Local Government Lawyer
‘Claire Waring considers the use of a Mortgagee Exclusion Clause (MEC) and explains why careful drafting is key.’
Local Government Lawyer, 12th September 2022
Source: www.localgovernmentlawyer.co.uk
Religious objections to COVID vaccine: Wierowska – Law & Religion UK
‘Miss P Wierowska v HC-One Oval Ltd [2022] UKET 1403077/2021 was a tribunal judgment on the preliminary issue of whether or not the claimant was entitled to rely on religious objections to the COVID vaccine in a claim against her former employers arising from her dismissal.’
Law & Religion UK, 13th September 2022
Source: lawandreligionuk.com
All UK express trusts must now register under anti-money laundering laws – OUT-LAW.com
‘New UK government requirements for trust registration under the anti-money laundering (AML) and counter terrorist financing (CTF) regulations have come into force.’
OUT-LAW.com, 12th September 2022
Source: www.pinsentmasons.com
Director was not personally liable for actions of a company – OUT-LAW.com
‘When a claimant sues a company, they often also bring a claim against senior management to ensure that there is a solvent defendant against which any judgment can be enforced.’
OUT-LAW.com, 12th September 2022
Source: www.pinsentmasons.com
