BAILII: Recent Decisions
Court of Appeal (Civil Division)
Ali v Khatib & Ors [2022] EWCA Civ 481 (08 April 2022)
K v K [2022] EWCA Civ 468 (08 April 2022)
AAA & Anor v CCC [2022] EWCA Civ 479 (07 April 2022)
Court of Appeal (Criminal Division)
Canning v The Crown [2022] EWCA Crim 469 (08 April 2022)
Shirley & Anor, R. v [2022] EWCA Crim 475 (08 April 2022)
Chang, R. v [2022] EWCA Crim 463 (07 April 2022)
High Court (Administrative Court)
Crown Prosecution Service (CPS) v Beaumont [2022] EWHC 849 (Admin) (08 April 2022)
High Court (Chancery Division)
Arthistory Ltd v Campbell & Anor [2022] EWHC 848 (Ch) (08 April 2022)
Cole & Ors v Howarth & Anor [2022] EWHC 780 (Ch) (08 April 2022)
Parsons & Anor v Reid & Anor [2022] EWHC 755 (Ch) (08 April 2022)
Glam and Tan Ltd, Re [2022] EWHC 855 (Ch) (08 April 2022)
Brierley v Otuo & Ors [2022] EWHC 688 (Ch) (08 April 2022)
High Court (Family Division)
J v H & Ors [2022] EWHC 862 (Fam) (07 April 2022)
C v S [2022] EWHC 800 (Fam) (04 April 2022)
High Court (Patents Court)
Sandoz Ltd v Teva Pharmaceutical Industries Ltd [2022] EWHC 822 (Pat) (07 April 2022)
High Court (Queen’s Bench Division)
Kapoor v Mizuho International Plc [2022] EWHC 820 (QB) (08 April 2022)
Source: www.bailii.org
JCT’s insolvency payment regime – how does it work? – Practical Law: Construction Blog
‘The case of Levi Solicitors LLP v Wilson and another considered the impact of contractor insolvency on debts owed to an employer under a JCT contract.
Significantly, the court helpfully clarified how the payment regime under JCT contracts operated in the context of insolvency. This blog takes a closer look at the case.’
Practical Law: Construction Blog, 6th April 2022
Mediating Clinical Negligence Claims – Ropewalk Clinical Negligence Blog
‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence: so reported the BBC in January 2020 following a Freedom of Information Request. Estimates published in 2019 put the total cost of outstanding compensation claims at £83bn; NHS England’s total budget in 2018-19 was £129bn.’
Ropewalk Clinical Negligence Blog, 7th April 2022
Source: www.ropewalk.co.uk
Ombudsman raps council for using incorrect information to place child on protection plan – Local Government Lawyer
‘Buckinghamshire Council caused significant distress after it shared incorrect information and failed to suitably include a mother in its process when deciding to place her child on a child protection plan, the Local Government and Social Care Ombudsman has found.’
Local Government Lawyer, 11th April 2022
Source: www.localgovernmentlawyer.co.uk
High Court quashes grant of planning permission by Secretary of State for Holocaust memorial – Local Government Lawyer
‘A High Court judge has quashed the Secretary of State’s decision to grant planning permission for a Holocaust memorial and learning centre in a park bordering the Palace of Westminster.’
Local Government Lawyer, 11th April 2022
Source: www.localgovernmentlawyer.co.uk
Financial Provision for Adult Children: What Constitutes a ‘Special Circumstance’ under Schedule One after UD v DN [2021] EWCA Civ 1947, [2021] 1 WLR 595 – Family Law Week
‘Zoe Harrison, pupil barrister at One King’s Bench Walk, explores Moylan LJ’s judgment and its focus on the importance of dependence.’
Family Law Week, 29th March 2022
Source: www.familylawweek.co.uk
War crimes: How are they defined, investigated and punished? – The Independent
‘International Criminal Court’s chief prosecutor has already announced an investigation into Russia’s conduct in Ukraine as invasion continues and atrocities are alleged in Bucha.’
The Independent, 10th April 2022
Source: www.independent.co.uk
NHS pays out £20m in clinical negligence claims over children’s mental health care – The Independent
‘The NHS has paid out at least £20m over poor care in children’s mental health services, a leaked report has revealed.’
The Independent, 10th April 2022
Source: www.independent.co.uk
‘Cruel’ move to deport charity worker from UK overruled – The Guardian
‘An immigration tribunal has overturned a “cruel and morally wrong” decision by the Home Office to deport a well-respected black charity volunteer who grew up in the UK.’
The Guardian, 9th April 2022
Source: www.theguardian.com
What’s the use of a property guardian? – Gatehouse Chambers
‘“What’s the use of a property guardian?” While that might be a potentially facetious question in the mouth of a person who has no experience of property guardians, it was also the question which was decided recently in the interesting Upper Tribunal (Lands Chamber) decision of Martin Rodger QC, Deputy Chamber President, in Global 100 Limited v Carlos Jimenez & Ors [2022] UKUT 50 (LC). In that case, however, the question was not facetious but, rather, a serious legal one which determined the outcome of the dispute.’
Gatehouse Chambers, 30th March 2022
Source: gatehouselaw.co.uk
BBC blocked from naming alleged MI5 informant accused of abusing women – The Guardian
‘The BBC has been banned from identifying a “dangerous extremist and misogynist” who is allegedly an MI5 informant, after a high court judge granted an injunction.’
The Guardian, 7th April 2022
Source: www.theguardian.com
Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers
‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’
Gatehouse Chambers, 30th March 2022
Source: gatehouselaw.co.uk
Breach of injunction preventing works on woodland site sees landowner receive jail sentence – Local Government Lawyer
‘A landowner in Kent has been given a custodial term of eight months imprisonment, with two months immediate custody and six suspended for 18 months, for breaching an injunction against works on an ancient woodland site.’
Local Government Lawyer, 6th April 2022
Source: www.localgovernmentlawyer.co.uk
Judge’s ruling due on legal challenge against Holocaust memorial site – The Independent
‘Campaigners are due to learn whether or not they have won a High Court challenge over plans to build a national Holocaust memorial next to the Houses of Parliament.’
The Independent, 7th April 2022
Source: www.independent.co.uk
High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council) – No. 5 Chambers
‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’
No. 5 Chambers, 4th April 2022
Source: www.no5.com
High Court judge refuses to block trip by vulnerable adult abroad but urges her not to go – Local Government Lawyer
‘A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a Deputy High Court judge has said.’
Local Government Lawyer, 7th April 2022
Source: www.localgovernmentlawyer.co.uk
