BAILII: Recent Decisions

Posted June 13th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Villiers v Villiers [2022] EWCA Civ 772 (10 June 2022)

Gemalto Holding BV & Ors v Infineon Technologies Ag & Ors [2022] EWCA Civ 782 (10 June 2022)

Secretary of State for the Home Department v The Queen (On the Application Of) AM [2022] EWCA Civ 780 (10 June 2022)

AIG Europe SA & Ors v John Wood Group Plc & Anor [2022] EWCA Civ 781 (10 June 2022)

Gosturani v Secretary of State for the Home Department [2022] EWCA Civ 779 (09 June 2022)

High Court (Administrative Court)

Rana v Richter Am Amtsgericht, Amtsgericht, Stuttgart, Germany [2022] EWHC 1409 (Admin) (10 June 2022)

S & Anor, R (On the Application Of) v Secretary of State for the Home Department & Ors [2022] EWHC 1402 (Admin) (09 June 2022)

London Borough of Barking and Dagenham v Argos Ltd [2022] EWHC 1398 (Admin) (08 June 2022)

Tiganescu v County Court of Suceava, Romania [2022] EWHC 1401 (Admin) (08 June 2022)

Williams v The General Dental Council (Rev1) [2022] EWHC 1380 (Admin) (07 June 2022)

Patton, R (On the Application Of) v HM Assistant Coroner for Carmarthenshire And Pembrokeshire [2022] EWHC 1377 (Admin) (07 June 2022)

Kane, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 1376 (Admin) (07 June 2022)

Defending Christian Arabs, R (On the Application Of) v Director of Public Prosecutions [2022] EWHC 1374 (Admin) (07 June 2022)

High Court (Chancery Division)

Gee & Anor v The Estate of John Richard Gee & Anor [2022] EWHC 1369 (Ch) (09 June 2022)

Elser v Sands & Ors (Rev1) [2022] EWHC 1419 (Ch) (09 June 2022)

Croke & Anor v National Westminster Bank Plc & Ors [2022] EWHC 1367 (Ch) (09 June 2022)

Clevely & Anor v Atkinson & Ors [2022] EWHC 1348 (Ch) (08 June 2022)

Various Claimants v MGN Ltd [2022] EWHC 1394 (Ch) (08 June 2022)

Kulkarni v Gwent Holdings Ltd & Anor [2022] EWHC 1368 (Ch) (08 June 2022)

Axnoller Events Ltd v Brake & Anor (Possession Proceedings) [2022] EWHC 1363 (Ch) (07 June 2022)

Citibank, NA, London Branch v Speciality Steel UK Ltd & Ors [2022] EWHC 1359 (Ch) (07 June 2022)

Tinkler v Esken Ltd [2022] EWHC 1375 (Ch) (07 June 2022)

High Court (Commercial Court)

Geoquip Marine Operations AG v Tower Resources Cameroon SA & Anor [2022] EWHC 1408 (Comm) (09 June 2022)

Arcelormittal North America Holdings LLC v Ruia & Ors [2022] EWHC 1378 (Comm) (09 June 2022)

Union of India v Reliance Industries Ltd & Anor [2022] EWHC 1407 (Comm) (09 June 2022)

HC Trading Malta Ltd v KI (International) Ltd & Ors [2022] EWHC 1387 (Comm) (07 June 2022)

Shop Direct Finance Company Ltd v The Official Receiver [2022] EWHC 1355 (Comm) (06 June 2022)

High Court (Queen’s Bench Division)

Manda v Bird & Lovibond (a firm) & Anor [2022] EWHC 1427 (QB) (10 June 2022)

AMOB Machinery Ltd v Smith-Hughes & Ors [2022] EWHC 1410 (QB) (01 June 2022)

Source: www.bailii.org

Lord Reed, Donoghue v Stevenson – Supreme Court

Posted June 13th, 2022 in appeals, duty of care, judges, legal history, negligence, news, Scotland, speeches, Supreme Court by sally

‘Lord Reed, Donoghue v Stevenson – 90th Anniversary Conference.’

Full speech

Full Story

Supreme Court, 6th June 2022

Source: www.supremecourt.uk

ICO fines “World’s largest facial network” – Local Government Lawyer

Posted June 13th, 2022 in data protection, enforcement notices, facial mapping, fines, internet, news, ombudsmen by sally

‘The Information Commissioner’s Office has issued a Monetary Penalty Notice of £7,552,800 to Clearview AI Inc for breaches of the UK GDPR. Ibrahim Hasan looks at the background to the case.’

Full Story

Local Government Lawyer, 10th June 2022

Source: www.localgovernmentlawyer.co.uk

COVID-19 and return-to-work refusers – Local Government Lawyer

Posted June 13th, 2022 in appeals, children, coronavirus, employment, employment tribunals, families, health & safety, news, unfair dismissal by sally

‘Adele Shortman analyses the first significant COVID dismissal case to be heard in the Employment Appeal Tribunal.’

Full Story

Local Government Lawyer, 10th June 2022

Source: www.localgovernmentlawyer.co.uk

Law firm fails in summary judgment bid over negligence claim – Legal Futures

Posted June 13th, 2022 in barristers, compensation, employment tribunals, law firms, negligence, news, striking out, summary judgments by sally

‘A law firm being sued for more than £2m over a failure to advise properly has failed in its bid for summary judgment over several of the allegations made against it.’

Full Story

Legal Futures, 13th June 2022

Source: www.legalfutures.co.uk

Priti Patel outlaws dangerous tunnelling protests – Home Office”

Posted June 13th, 2022 in bills, demonstrations, government departments, news, public order by sally

‘Dangerous tunnelling by protesters will be banned under a new law announced by the Home Secretary today (Tuesday 7 June), as the government acts to end the serious disruption and risk to life this guerrilla protest tactic poses.’

Full Story

Home Office, 7th June 2022

Source: www.gov.uk

Organised criminal gang jailed for impersonating police officers to defraud victims of over £400,000 – Crown Prosecution Service

Posted June 13th, 2022 in Crown Prosecution Service, elderly, fraud, gangs, imprisonment, news, police, sentencing, victims by sally

‘An organised criminal gang who pretended to be police officers and preyed on elderly victims in a fraud involving more than £400,000 were jailed today (10 June 2022).’

Full Story

Crown Prosecution Service, 10th June 2022

Source: www.cps.gov.uk

Speech by the Master of the Rolls: CiARB Roebuck lecture – Courts and Tribunals Judiciary

Posted June 13th, 2022 in computer programs, internet, judges, news, speeches by sally

‘The Master of the Rolls, Sir Geoffrey Vos, gave the CiARB Roebuck lecture on Wednesday (8 June 2022). He set out how an integrated digital justice system can be created using common ‘data standards’ governed by the Online Procedure Rule Committee. The lecture explains how this common and consistent approach.’

Full speech

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Courts and Tribunals Judiciary , 10th June 2022

Source: www.judiciary.uk

Law Commission sets out options to Government for reforming how companies are convicted of criminal offences – Law Commission

Posted June 13th, 2022 in company directors, company law, criminal justice, Law Commission, news by sally

‘The Law Commission has today published its options for the Government for how it can improve the law to ensure that corporations are effectively held to account for committing serious crimes.’

Full Story

Law Commission, 10th June 2022

Source: www.lawcom.gov.uk

Judge to deliver ruling on future of boy in life-support treatment fight – The Independent

Posted June 13th, 2022 in accidents, children, doctors, families, hospitals, medical treatment, news by sally

‘A judge is preparing to deliver a ruling on the future of a 12-year-old boy at the centre of a High Court life-support treatment dispute after suffering brain damage.’

Full Story

The Independent, 13th June 2022

Source: www.independent.co.uk

Questions over use of ‘psychological experts’ in parental alienation cases – The Guardian

Posted June 13th, 2022 in care orders, children, expert witnesses, families, family courts, mental health, news, parental rights by sally

‘Mothers are having their children taken away by court-appointed “psychological experts” who are unregulated and do not have the necessary qualifications, the Association of Clinical Psychologists UK has warned.’

Full Story

The Guardian, 12th June 2022

Source: www.theguardian.com

Research Briefing: Leasehold high-rise flats: Who pays for fire safety work? – House of Commons Library

Posted June 13th, 2022 in bills, building law, construction industry, fire, health & safety, housing, leases, news, parliament by sally

‘This briefing considers debate about responsibility for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. It covers provisions in the Building Safety Act 2022.’

Full Story

House of Commons Library, 9th June 2022

Source: commonslibrary.parliament.uk

Barristers to be balloted on possible walkouts in row over legal aid rates – The Guardian

Posted June 13th, 2022 in barristers, budgets, criminal justice, Crown Court, fees, industrial action, Law Society, legal aid, Ministry of Justice, news, solicitors, statistics by sally

‘Barristers are to be balloted this weekend on escalating industrial action over legal aid rates as figures reveal the number of crown court cases adjourned because of a shortage of lawyers has increased nearly fivefold over the decade.’

Full Story

The Guardian, 11th June 2022

Source: www.theguardian.com

Gymnastics abuse: Eloise Jotischky becomes first to win a civil case against British Gymnastics – BBC News

Posted June 13th, 2022 in children, compensation, harassment, news, sex discrimination, sport, women by sally

‘A former elite acrobatic gymnast has become the first to win a civil case against British Gymnastics for the abuse she experienced in the sport.’

Full Story

BBC News, 12th June 2022

Source: www.bbc.co.uk

AI raises ‘challenges’ with existing product liability law, study finds – OUT-LAW.com

Posted June 10th, 2022 in artificial intelligence, consumer protection, EC law, news, sale of goods by sally

‘UK product liability laws need to be updated to address the use of artificial intelligence (AI), an expert has said.’

Full Story

OUT-LAW.com, 8th June 2022

Source: www.pinsentmasons.com

‘Monster’ neighbour jailed for at least 37 years for Gloucestershire murder – The Guardian

Posted June 10th, 2022 in harassment, imprisonment, murder, news, sentencing by sally

‘A “monster” who murdered one neighbour and seriously wounded two others in a “spree of planned violence” after they took legal action to try to curtail his 12-year campaign of extreme harassment has been jailed for at least 37 years.’

Full Story

The Guardian, 9th June 2022

Source: www.theguardian.com

Sarah Everard: Three attendees fined over unofficial vigil – BBC News

Posted June 10th, 2022 in coronavirus, fines, kidnapping, murder, news, police, rape, sexual offences, women by sally

‘Three people have been fined for breaking Covid laws by attending a vigil for Sarah Everard.’

Full Story

BBC News, 9th June 2022

Source: www.bbc.co.uk

Regulators must tackle “out-of-date” lawyers, LSB says – Legal Futures

Posted June 10th, 2022 in barristers, continuing professional development, legal profession, legal services, Legal Services Board, news, solicitors, Solicitors Regulation Authority by sally

‘Legal regulators must take action to ensure that lawyers are not operating with “out-of-date” skills or knowledge, the Legal Services Board (LSB) has said.’

Full Story

Legal Futures, 10th June 2022

Source: www.legalfutures.co.uk

Anti-money laundering proposals ‘uninspired and insipid’, say MPs – The Guardian

Posted June 10th, 2022 in company directors, company law, fraud, Law Commission, money laundering, news by sally

‘Law Commission proposals to make directors more accountable for economic crimes at the companies they oversee have been condemned as a “thundering disappointment”.’

Full Story

The Guardian, 10th June 2022

Source: www.theguardian.com

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

Posted June 10th, 2022 in adoption, appeals, care orders, child abuse, child neglect, children, families, human rights, local government, news, proportionality, sexual offences, Supreme Court by sally

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

Full Story

Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk