BAILII: Recent Decisions
Court of Appeal (Civil Division)
Gangat v Jassat & Anor [2022] EWCA Civ 604 (06 May 2022)
BT Group Plc v Patourel [2022] EWCA Civ 593 (06 May 2022)
Storey v British Telecommunications Plc [2022] EWCA Civ 616 (05 May 2022)
Court of Appeal (Criminal Division)
Turner v R. [2022] EWCA Crim 617 (06 May 2022)
High Court (Administrative Court)
Heilligger v Westminster Magistrates’ Court & Anor [2022] EWHC 1056 (Admin) (06 May 2022)
High Court (Chancery Division)
Smith v Smith & Anor [2022] EWHC 1035 (Ch) (06 May 2022)
Stobart Capital Ltd v Esken Ltd [2022] EWHC 1036 (Ch) (06 May 2022)
Keane v Sargen & Ors [2022] EWHC 1006 (Ch) (06 May 2022)
Brittain v Ferster & Ors [2022] EWHC 1060 (Ch) (06 May 2022)
Clayton Recruitment Ltd v Wilson & Anor [2022] EWHC 1054 (Ch) (05 May 2022)
High Court (Family Division)
Tickle v Herefordshire County Council & Ors [2022] EWHC 1017 (Fam) (04 May 2022)
High Court (Patents Court)
Otsuka Pharmaceutical Co Ltd v GW Pharma Ltd [2022] EWHC 1012 (Pat) (03 May 2022)
High Court (Queen’s Bench Division)
Nursing And Midwifery Council & Anor v Harrold [2022] EWHC 1048 (QB) (06 May 2022)
Ashford Borough Council & Anor v Wilson [2022] EWHC 988 (QB) (05 May 2022)
Pal v Damen & Anor [2022] EWHC 4697 (QB) (05 May 2022)
Source: www.bailii.org
Ombudsman investigation sees council agree to repay five years of care fee top-ups after it failed to offer affordable alternative placement first – Local Government Lawyer
‘Stockport Metropolitan Borough Council has agreed to reimburse “a significant amount of money” to a woman after it did not offer her mother an affordable care home placement, before asking her to pay a top-up towards her mother’s fees.’
Local Government Lawyer, 6th May 2022
Source: www.localgovernmentlawyer.co.uk
Off into the Somerset – Local Government Lawyer
‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’
Local Government Lawyer, 6th April 2022
Source: www.localgovernmentlawyer.co.uk
Court of Appeal backs decision to make collective action opt-out – Legal Futures
‘The difficulty of people signing up to a collective action and the availability of third-party funding were legitimate factors to take into account in making it opt-out, the Court of Appeal has ruled.’
Legal Futures, 9th May 2022
Source: www.legalfutures.co.uk
‘It strips your humanity’: Civil servant wins six-figure sum over ‘insidious’ Ministry of Justice racism – The Independent
‘A former civil servant received a six-figure pay-out from the government over discrimination after she says was subjected to “insidious” racism during a 20-year battle with the Ministry of Justice.’
The Independent, 8th May 2022
Source: www.independent.co.uk
The Broads: Couple launch legal challenge over water extraction monitoring plans – BBC News
‘A couple who have spent years battling water abstraction in a national park are taking their fight to the High Court.’
BBC News, 9th May 2022
Source: www.bbc.co.uk
Priti Patel’s Rwanda plan for UK asylum seekers faces its first legal challenge – The Guardian
‘The first legal action has been launched against Priti Patel’s plan to send asylum seekers to Rwanda as the UN’s refugee agency raised concerns that the UK is “inviting” other European countries to adopt the same divisive immigration policy.’
The Guardian, 7th May 2022
Source: www.theguardian.com
Ofsted to get new powers to tackle illegal unregistered schools in England – BBC News
‘New legislation would give the schools regulator powers to crack down on unregistered schools operating illegally in England, ministers say.’
BBC News, 8th May 2022
Source: www.bbc.co.uk
Does the platinum jubilee bank holiday entitle a contractor to an extension of time? – Practical Law: Construction Blog
‘An additional bank holiday has been created in the UK this year to celebrate the Queen’s Platinum Jubilee. Does this entitle a contractor to claim an extension of time? A client recently asked this question in the context of a project using the JCT Design and Build Contract 2016. It certainly throws up a number of issues.’
Practical Law: Construction Blog, 4th May 2022
Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog
‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’
UK Human Rights Blog, 3rd May 2022
Source: ukhumanrightsblog.com
Lawyers limit community care cases “to help firms stay afloat” – Legal Futures
‘Community care lawyers are limiting the amount and type of legal aid work they do to ensure that their firms remain financially viable, a report has found.’
Legal Futures, 6th May 2022
Source: www.legalfutures.co.uk
No retainer between law firm and businessman in £2.5m dispute – Legal Futures
‘There was no express or implied retainer between a Buckinghamshire law firm and a businessman with a “colourful commercial career” suing it for £2.5m in damages, the High Court has ruled.’
Legal Futures, 6th May 2022
Source: www.legalfutures.co.uk
Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer
‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’
Local Government Lawyer, 5th May 2022
Source: www.localgovernmentlawyer.co.uk
Data breach litigation — more useful High Court guidance – Local Government Lawyer
‘The High Court has provided further guidance on two important issues in data breach claims, writes Peter Wake.’
Local Government Lawyer, 6th May 2022
Source: www.localgovernmentlawyer.co.uk
Capacity to litigate – Family Law
‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’
Family Law, 5th May 2022
Source: www.familylaw.co.uk
Ombudsmen release joint guidance to tackle common mistakes in aftercare of mental health in-patients – Family Law
‘The Parliamentary and Health Service Ombudsman (PHSO) and the Local Government and Social Care Ombudsman (LGSCO) have released new guidance to tackle common and repeated mistakes seen in the aftercare of patients receiving support under the Mental Health Act.’
Family Law, 5th May 2022
Source: www.familylaw.co.uk
