BAILII: Recent Decisions
Court of Appeal (Civil Division)
SR (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 828 (24 June 2022)
Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 (24 June 2022)
Credico Marketing Ltd & Anor v Lambert & Anor [2022] EWCA Civ 864 (23 June 2022)
High Court (Administrative Court)
Efthimiou, R (On the Application Of) v The City of London [2022] EWHC 1588 (Admin) (23 June 2022)
High Court (Chancery Division)
Manolete Partners Plc v Dalal & Ors [2022] EWHC 1597 (Ch) (24 June 2022)
E Realisations 2020 Ltd, Re [2022] EWHC 1575 (Ch) (24 June 2022)
High Court (Commercial Court)
Deutsche Bank AG v Sebastian Holdings, Inc & Anor [2022] EWHC 1599 (Comm) (24 June 2022)
The ECU Group Plc v HSBC Bank Plc & Ors [2022] EWHC 1616 (Comm) (24 June 2022)
NKD Maritime Ltd v Bart Maritime (No. 2) Inc [2022] EWHC 1615 (Comm) (24 June 2022)
High Court (Family Division)
A Local Authority v AA [2022] EWHC 1596 (Fam) (15 June 2022)
High Court (Queen’s Bench Division)
Pitalia & Anor v NHS Commissioning Board [2022] EWHC 1636 (QB) (24 June 2022)
Devall & Anor v Ministry of Justice [2022] EWHC 1608 (QB) (23 June 2022)
Halborg & Anor v Halborg & Ors [2022] EWHC 1621 (QB) (23 June 2022)
Mathieu v Hinds & Anor (No. 2: Costs) [2022] EWHC 1624 (QB) (23 June 2022)
Gorani, R (On the Application Of) v Sanghera [2022] EWHC 1593 (QB) (22 June 2022)
Source: www.bailii.org
Daniella Lock: Three Ways the Bill of Rights Bill Undermines UK Sovereignty – UK Constitutional Law Association
‘The Bill of Rights Bill is framed by the Government as necessary to ensure “meaningful democratic oversight” of human rights protection in the UK, with Conservative MPs keen to present the Bill as a means to restore sovereignty in the face of interfering judges – both at the level of the European Court of Human Rights (ECtHR) and UK courts. However, as this post will argue, the Bill undermines sovereignty and meaningful democratic oversight of rights protection in at least three ways not acknowledged by the Government and the Bill’s supporters. These are in the Bill’s process, presentation and procedures. That is, sovereignty is undermined by, first, the Bill’s process through Parliament, second, its presentation to Parliament by the Government, and third, via the procedures contained in the Bill that facilitate executive interference with judicial scrutiny of human rights protection. As we will see, while the Government purports to be placing parliamentary authority at the centre of UK human rights protection, in reality the executive is seeking more power to manipulate human rights law to its own advantage.’
UK Constitutional Law Association, 27th June 2022
Source: ukconstitutionallaw.org
Court of Appeal Refuses Permission to Judicially Review Infected Blood Compensation Scheme – Quarterly Medical Law Review
‘In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.’
Quarterly Medical Law Review , 24th June 2022
Source: 1corqmlr.com
Land Value Capture Via CPO – Local Government Lawyer
‘Simon Ricketts examines the Government’s proposed reforms in relation to compensation following compulsory purchase.’
Local Government Lawyer, 24th June 2022
Source: www.localgovernmentlawyer.co.uk
National Deprivation of Liberty Court handling applications covering children to be launched next month – Local Government Lawyer
‘The President of the Family Division has confirmed the launch of a National DoLs (Deprivation of Liberty) court on 4 July 2022 that will deal with applications seeking authorisation to deprive children of their liberty.’
Local Government Lawyer, 22nd June 2022
Source: www.localgovernmentlawyer.co.uk
The end of ‘no fault’ section 21 evictions Research Briefing Published Saturday, 25 June, 2022 – House of Commons Library
‘A Bill will be introduced in the 2022-23 parliamentary session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers the background and reactions to date.’
House of Commons Library , 25th June 2022
Source: commonslibrary.parliament.uk
Research Briefing: Northern Ireland Protocol – House of Commons Library
‘Briefings on the Northern Ireland Protocol, including on EU-UK negotiations, Article 16, international law, and information on the UK Government announcement to change the Protocol through the Northern Ireland Protocol Bill.’
House of Commons Library , 26th June 2022
Source: commonslibrary.parliament.uk
‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian
‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’
The Guardian, 26th June 2022
Source: www.theguardian.com
Warning new internet laws will hand ministers ‘unprecedented’ powers – The Independent
‘New internet legislation will hand ministers “unprecedented” censorship powers, with significant implications for free speech, new research warns.’
The Independent, 27th June 2022
Source: www.independent.co.uk
FCA investigates Wise co-founder after tax default – The Guardian
‘The UK’s financial regulator is investigating the co-founder of payments company Wise after he failed to pay his taxes.
The Guardian, 27th June 2022
Source: www.theguardian.com
Not incidental enough – Nearly Legal
‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’
Nearly Legal, 21st June 2022
Source: nearlylegal.co.uk
We don’t need no tariffs – Nearly Legal
‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’
Nearly Legal, 21st June 2022
Source: nearlylegal.co.uk
UK Supreme Court backs telecoms firms in Electronic Communications Code dispute – OUT-LAW.com
‘The UK Supreme Court has largely backed providers of telecommunications infrastructure in three cases to do with the extent of their rights under the revised Electronic Communications Code (“the Code”) to acquire additional Code rights over land that they do not own.’
OUT-LAW.com, 23rd June 2022
Source: www.pinsentmasons.com
Adjudicator reaches decision in “procedurally unjust manner” so not enforced – Practical Law: Construction Blog
‘Sometimes it feels that, as an adjudicator, you are damned if you do and are also damned if you don’t. In this case – Liverpool CC v Vital Infrastructure Asset Management (Viam) Ltd (In Administration) – it was both what the adjudicator did do and what he didn’t do that led the judge to issue a declaration that his decision was unenforceable. But how did the judge, HHJ Stephen Davies, arrive at this point?’
Practical Law: Construction Blog, 21st June 2022
Bill of Rights to strengthen freedom of speech and curb bogus human rights claims – Ministry of Justice
‘Freedom of speech and the views of elected lawmakers will be given greater weight in law under a Bill of Rights introduced to Parliament today (Wednesday 22 June).’
Ministry of Justice, 22nd June 2022
Source: www.gov.uk
Law Commission starts debate on how to regulate remote driving – Law Commission
‘The Law Commission of England and Wales have today published a paper asking for views on the need and options for regulating remote driving on public roads.’
Law Commission, 24th June 2022
Source: www.lawcom.gov.uk
Director of Public Prosecutions highlights how more money could be returned to victims of crime – Crown Prosecution Service
‘The Director of Public Prosecutions, Max Hill QC, has today supported the review into legislation to ensure more money can be returned to victims of crime.’
Crown Prosecution Service, 23rd June 2022
Source: www.cps.gov.uk
