New Judgment: R v Maughan (Northern Ireland) [2022] UKSC 13 – UKSC Blog
‘This appeal concerns the discount which convicted criminals in Northern Ireland are entitled to when they are sentenced.’
UKSC Blog, 18th May 2022
Source: ukscblog.com
International law should be applied to cyberspace, Attorney General to say – The Independnet
‘International law should be applied to cyberspace to make it clear when a nation state has acted unlawfully and what action can be legally taken in response to a cyberattack, the Attorney General will say.’
The Independent, 19th May 2022
Source: www.independent.co.uk
Archie Battersbee: Judge sets date to decide on future of Southend boy in coma – BBC News
‘A High Court judge has set a timetable for decisions on the future of a boy at the centre of a treatment dispute after suffering brain damage.’
BBC News, 19th May 2022
Source: www.bbc.co.uk
‘Ella’s law’ bill seeks to establish right to clean air in UK – The Guardian
‘A new clean air law is starting out in parliament after the Green party peer Jenny Jones won first place in the House of Lords ballot for private members’ bills.’
The Guardian, 20th May 2022
Source: www.theguardian.com
When can parental responsibility be removed from a terrible parent? – Transparency Project
‘In the summer of 2021, Jade Ward was killed by her estranged husband Russell Marsh at their family home. He is now serving a life sentence for her murder. She leaves behind four little boys who are now being raised by her mother and other family members. This is not an isolated tragedy. Each year, many women are killed by their partners or former partners, and it is likely that many of those will have children.’
Transparency Project, 18th May 2022
Source: transparencyproject.org.uk
Alerter by Tim Green QC and Douglas Maxwell – Building Safety Bill Receives Royal Assent – Henderson Chambers
‘On 29 April 2022, the Building Safety Bill received Royal Assent and has become the Building Safety Act 2022 (the “BSA”). The BSA gives effect to policies set out in the Government response to the “Building a Safer Future” consultation, and Dame Judith Hackitt’s interim and final report undertaken as part of an independent review of building regulations and fire safety.’
Henderson Chambers, 3rd May 2022
Source: www.hendersonchambers.co.uk
Claimant Benevolence in a Clinical Negligence Setting, by Tom Bourne-Arton – Farrar’s Building
‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’
Farrar's Building, 4th May 2022
Source: www.farrarsbuilding.co.uk
Planon v Gilligan: Court of Appeal considers interim enforcement of non-competes – Littleton Chambers
‘Lucy Bone discusses the CA’s judgment in Planon v. Gilligan, which considered the correct approach to enforceability of a non-compete covenant at an interim injunction, and how to apply the second and third limbs of American Cyanamid in such cases.’
Littleton Chambers, 17th May 2022
Source: littletonchambers.com
Family of teenager stabbed to death gets judicial review into inquest findings – The Independent
‘The family of a teenager stabbed to death in an upmarket Cheshire village has won the right to have a judicial review into his inquest findings.’
The Independent, 18th May 2022
Source: www.independent.co.uk
Revision and variation of costs budgets on account of significant developments: Consequences of failing to obtain the court’s approval – Guildhall Chambers
‘Once a Costs Management Order (“CMO”) has been made, parties are required to revise costs budgets if significant developments in the litigation warrant such revisions. If the revised costs budgets are not agreed, the Court’s approval of the variations must be sought by the revising party. The requirements for revisions to costs budgets and approval by the Court were in 3PD Paragraph 7.6 and, following amendments in 2020, are now in CPR 3.15A under the heading “Revision and variation of costs budgets on account of significant developments (‘variation costs’)”.’
Guildhall Chambers, 2nd May 2022
Source: www.guildhallchambers.co.uk
Equalising goal: Law Society proposes SLAPP curbs – Law Society’s Gazette
‘The Law Society has today echoed calls for a clampdown on so-called “lawfare”, but warned of “unintended consequences” if reforms are not properly thought through.’
Law Society's Gazette, 19th May 2022
Source: www.lawgazette.co.uk
BBC to air MI5 agent investigation following High Court ruling – The Independent
‘The BBC said a High Court ruling will allow it to broadcast a programme about a man it is claimed exploited his status as an MI5 informant.’
The Independent, 18th May 2022
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Maughan, R. v (Northern Ireland) [2022] UKSC 13 (18 May 2022)
Court of Appeal (Civil Division)
Kalonga, R (On the Application Of) v London Borough of Croydon [2022] EWCA Civ 670 (17 May 2022)
Al-Rawas & Anor v Hassan Khan & Co & Anor [2022] EWCA Civ 671 (17 May 2022)
Court of Appeal (Criminal Division)
Musharraf v The Queen [2022] EWCA Crim 678 (18 May 2022)
High Court (Administrative Court)
High Court (Chancery Division)
Veasey v Macdougall & Ors [2022] EWHC 1179 (Ch) (17 May 2022)
High Court (Commercial Court)
Piraeus Bank AE v Antares Underwriting Ltd & Ors [2022] EWHC 1169 (Comm) (17 May 2022)
PMAX Queen Shipping Ltd & Anor v Olam Agricola LTDA & Ors [2022] EWHC 1198 (Comm) (17 May 2022)
High Court (Queen’s Bench Division)
Blake & Ors v Fox (Re Trial by Jury) [2022] EWHC 1124 (QB) (18 May 2022)
Fulham Football Club v Jones [2022] EWHC 1108 (QB) (18 May 2022)
Wright v Granath [2022] EWHC 1181 (QB) (17 May 2022)
Source: www.bailii.org
E-Scooters: The Current Framework – Part 1 – Guildhall Chambers
‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’
Guildhall Chambers, 12th May 2022
Source: www.guildhallchambers.co.uk
Alerter by Kathleen Donnelly and Thomas Evans – No Relief from Missed Cut-Off Date – Henderson Chambers
‘Claimants who missed the cut-off date for joining the VW NOx Emissions Group Litigation were refused relief from sanction in Baker & Ors v VWAG & Ors [2022] EWHC 810 (QB).’
Henderson Chambers, 9th May 2022
Source: www.hendersonchambers.co.uk
Limitation and Retrospective Effect: Abdelsalam v Expresso Telecom Group Ltd – Littleton Chambers
‘James Bickford Smith and James Green review the recent judgment of the Dubai International Financial Centre Court of Appeal in Abdelsalam v Expresso Telecom Group [2021] DIFC CA 011. The decision resolved uncertainty as to whether the 2019 Employment Law could render earlier-issued claims under the 2005 Law out of time, and confirmed the presumption that DIFC law should not have retrospective effect.’
Littleton Chambers, 11th May 2022
Source: littletonchambers.com
Costs in Contempt Proceedings – Francis Taylor Building
‘The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction. The breaches arose in the context of Mr Cuciurean’s opposition to and desire to protest against the HS2 project.’
Francis Taylor Building, 16th May 2022
Source: www.ftbchambers.co.uk
Public Road or Private Land? The Application of RTA Insurance following the Motor Vehicles (Compulsory Insurance) Act 2022 – Farrar’s Building
‘Having received Royal Assent on 28 April 2022, the Motor Vehicles (Compulsory Insurance) Bill is now an Act of Parliament: the Motor Vehicles (Compulsory Insurance) Act 2022 (“the Act”). The Act makes clear the distinction between UK law and European Motor Insurance Directives. Further, the Act defines the categories of vehicle requiring compulsory insurance and the circumstances in which compulsory insurance is required.’
Farrar's Building, 16th May 2022
Source: www.farrarsbuilding.co.uk
