BAILII: recent Decisions
Court of Appeal (Civil Division)
Court of Appeal (Criminal Division)
Heslop & Ors v Regina [2022] EWCA Crim 897 (01 July 2022)
High Court (Administrative Court)
Cifci v Crown Prosecution Service [2022] EWHC 1676 (Admin) (01 July 2022)
High Court (Commercial Court)
Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2022] EWHC 1695 (Comm) (04 July 2022)
HDR Global Trading Ltd v Shulev & Anor [2022] EWHC 1685 (Comm) (01 July 2022)
Simon v Tache & Ors [2022] EWHC 1674 (Comm) (01 July 2022)
NDK Ltd v HUO Holding Ltd & Anor [2022] EWHC 1682 (Comm) (01 July 2022)
Kyla Shipping Co Ltd & Anor v Freight Trading Ltd & Ors [2022] EWHC 1625 (Comm) (01 July 2022)
CMC Spreadbet Plc v Tchenguiz [2022] EWHC 1640 (Comm) (01 July 2022)
High Court (Family Division)
Blackpool Borough Council v HT (A Minor) & Ors [2022] EWHC 1480 (Fam) (17 June 2022)
High Court (Patents Court)
Saint-Gobain Adfors SAS v 3M Innovative Properties Company [2022] EWHC 1666 (Pat) (28 June 2022)
High Court (Queen’s Bench Division)
John Poyser & Co Ltd v Spencer [2022] EWHC 1678 (QB) (01 July 2022)
Haviland v The Andrew Lownie Literary Agency Ltd & Anor [2022] EWHC 1688 (QB) (01 July 2022)
CJ & Ors Wiltshire Police [2022] EWHC 1661 (QB) (01 July 2022)
Source: www.bailii.org
Setting up a branch or subsidiary of an overseas business in the UK – EIN Blog
‘There is no specific visa requirement for anyone who wants to register a business in the UK. However, this is not the same as working for or on behalf of the business.’
EIN Blog, 30th June 2022
Source: www.ein.org.uk
Karolina Szopa and Jamie Fletcher: The Future of Abortion Rights under the European Convention on Human Rights in Light of Dobbs – UK Constitutional Law Association
‘On Friday 24th June 2022, in Dobbs v Jackson Women’s Health Organization, the US Supreme Court (SCOTUS) overruled the right to an abortion nearly 50 years since it first declared it a constitutionally protected right. An outpour of protests and condemnation followed the release of the opinion, with many legal professionals, politicians and NGOs across Europe speaking out against the devastating consequences this decision will have on women’s and other pregnant people’s rights in the US. Pregnancy holds implications for women’s physical and social identity, with repercussions on the woman’s economic status, her chance for education, career and ability to pursue the life she chooses, not least to mention her physical health. In the opinion of this blog’s authors, a pivotal decision such as access to an abortion should be shielded from state interference.’
UK Constitutional Law Association, 30th June 2022
Source: ukconstitutionallaw.org
Non-Binary Passports: R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 – UK Human Rights Blog
‘The Appellant in R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 was assigned female at birth, however during and after puberty they felt revulsion at their body and underwent surgery in 1989 and 1990 to alleviate those feelings. The Appellant who identifies as non-gendered, is a campaigner for the legal and social recognition of this category. The provision of “X passports” are a focal point of the Appellant’s campaign.’
UK Human Rights Blog, 4th July 2022
Source: ukhumanrightsblog.com
A Response to the Criminal Justice Joint Evidence Review: Neurodiversity in the Criminal Justice System action plan – Ministry of Justice
‘In December 2020, the Lord Chancellor and Secretary of State for Justice commissioned HM Inspectorate of Prisons and HM Inspectorate of Probation, with support from HMICFRS, to undertake an independent review of neurodiversity in the criminal justice system (CJS).’
Ministry of Justice, 30th June 2022
ECHR dismisses discrimation claim against council housing policy for Orthodox Jewish community – Local Government Lawyer
‘A legal challenge claiming the London Borough of Hackney’s decision not to refer a mother to a housing association on the basis of her not being part of the Orthodox Jewish Community (OJC) has been unanimously dismissed by the European Court of Human Rights (ECHR).’
Local Government Lawyer, 1st July 2022
Source: www.localgovernmentlawyer.co.uk
Article 2 inquest determination concerning Community Mental Health Services quashed – Local Government Lawyer
‘Dominic Ruck Keene outlines a case in which an article 2 inquest determination concerning Community Mental Health Services was quashed.’
Local Government Lawyer, 1st July 2022
Source: www.localgovernmentlawyer.co.uk
Law firm overturns costs bill misconduct ruling – Legal Futures
‘The rules on misconduct in the CPR do not apply to solicitor/client costs assessments, the High Court has decided in overturning a finding against a Manchester law firm.’
Legal Futures, 4th July 2022
Source: www.legalfutures.co.uk
Civil Justice Council kicks off ‘holistic’ review of costs – Law Society’s Gazette
‘The Civil Justice Council has set in motion a possible shake-up of the civil costs regime with the start of a wide-ranging consultation. The judicial-led group will look at the key areas of costs budgeting, guideline hourly rates, the impact of digitisation and portals, and the consequences of the extension of fixed recoverable costs.’
Law Society's Gazette, 1st July 2022
Source: www.lawgazette.co.uk
Claimant loses £49k damages as High Court overturns ‘injustice’ finding – Law society’s Gazette
‘An injured person who claimed more than £500,000 for lost earnings – while hiding the fact he was still in paid work – has lost his entire damages award because of fundamental dishonesty.’
Law Society's Gazette, 1st July 2022
Source: www.lawgazette.co.uk
Women accused of illegal abortions in England and Wales after miscarriages and stillbirths – The Guardian
‘Women in England and Wales who have suffered miscarriages or stillbirths are being investigated by police on suspicion of having illegal abortions, with some forced to hand over their phones and laptops for invasive “digital strip searches”.’
The Guardian, 2nd July 2022
Source: www.theguardian.com
West Sussex council ordered to pay £2,000 to mother of child with special needs – BBC News
‘A mother of a child with special needs has been paid £2,000 by a council for failures involving his education, health and care plan. The mother – known as Ms C – turned to the Local Government & Social Care Ombudsman after making a complaint to West Sussex County Council. The ombudsman has upheld her complaint, according to the Local Democracy Reporting Service.’
BBC News, 4th July 2022
Source: www.bbc.co.uk
New regulations solve cross-border hybrid hearing issues – OUT-LAW.com
‘New regulations issued this week give courts in England and Wales new powers to permit individuals overseas to watch transmissions of ‘hybrid’ court hearings combining both in-person and remote participants.’
OUT-LAW.com, 1st July 2022
Source: www.pinsentmasons.com
FTH v Varis Developments – adjudication and insolvency meet head on again – Practical Law: Construction Blog
‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’
Practical Law: Construction Blog , 29th June 2022
Recent Statutory Instruments – legislation.gov.uk
SI 2022/716 – The Criminal Justice and Courts Act 2015 (Commencement No. 8) Order 2022
SI 2022/711 – The Building Safety (Leaseholder Protections) (England) Regulations 2022
SI 2022/701 – The Solicitors Act 1974 and Administration of Justice Act 1985 (Amendment) Order 2022
SI 2022/742 – The Gender Recognition (Disclosure of Information) (England) Order 2022
SI 2022/741 – The Local Government (Exclusion of Non-commercial Considerations) (England) Order 2022
SI 2022/739 – The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022
SI 2022/730 – The Land Registration (Amendment) Rules 2022
SI 2022/727 – The Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022
SI 2022/723 – The Registered Pension Schemes (Authorised Member Payments) Regulations 2022SI
SI 2022/720 – The Coasting Schools (England) Regulations 2022
SI 2022/717 – The Parole Board (Amendment) Rules 2022
SI 2022/708 – The Accounts and Audit (Amendment) Regulations 2022
SI 2022/707 – The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022
SI 2022/724 – The Education (Careers Guidance in Schools) Act 2022 (Commencement) Regulations 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Hastings v Finsbury Orthopaedics Ltd & Anor (Scotland) [2022] UKSC 19 (29 June 2022)
Court of Appeal (Civil Division)
Da Silva v Heselton & Ors (Re Estate of Gladys Dulcie Townsend) [2022] EWCA Civ 880 (30 June 2022)
Baptie v The Royal Borough of Kingston Upon Thames [2022] EWCA Civ 888 (30 June 2022)
D (A Child: Placement Order), Re [2022] EWCA Civ 896 (30 June 2022)
Dwyer (UK Franchising) Ltd v Fredbar Ltd & Anor (Rev1) [2022] EWCA Civ 889 (30 June 2022)
Court of Appeal (Criminal Division)
Peace, R. v [2022] EWCA Crim 879 (29 June 2022)
High Court (Administrative Court)
General Medical Council v Mok [2022] EWHC 1651 (Admin) (29 June 2022)
Brockwell v Westminster Magistrates Court & Anor (Rev1) [2022] EWHC 1662 (Admin) (29 June 2022)
High Court (Chancery Division)
In the Matter of Nostrum Oil & Gas Plc [2022] EWHC 1646 (Ch) (30 June 2022)
Barings (UK) Ltd & Ors v Galapagos SA [2022] EWHC 1633 (Ch) (30 June 2022)
Ocado Group Plc & Anor v McKeeve [2022] EWHC 1663 (Ch) (29 June 2022)
High Court (Commercial Court)
High Court (Patents Court)
Neurim Pharmaceuticals (1991) Ltd & Anor v Teva UK Ltd [2022] EWHC 1641 (Pat) (29 June 2022)
High Court (Technology and Construction Court)
Camelot UK Lotteries Ltd v The Gambling Commission [2022] EWHC 1664 (TCC) (29 June 2022)
Source: www.bailii.org
Extra powers for regulators to clamp down on rule-breaking solicitors – Ministry of Justice
‘The Solicitors Regulation Authority (SRA) will be given new powers to fine rule-breakers up to £25,000, under measures introduced today (29 June 2022).’
Ministry of Justice, 29th June 2022
Source: www.gov.uk
