BAILII: Recent Decisions
High Court (Administrative Court)
Stride, R (On the Application Of) v Wiltshire Council [2022] EWHC 1476 (Admin) (17 June 2022)
High Court (Chancery Division)
Lloyd & Anor v Michelmores Llp [2022] EWHC 1519 (Ch) (17 June 2022)
High Court (Commercial Court)
Zenith Logistics Services (UK) Ltd & Ors v Keates & Ors [2022] EWHC 1496 (Comm) (17 June 2022)
High Court (Queen’s Bench Division)
Deane v Barker & Ors [2022] EWHC 1523 (QB) (17 June 2022)
High Court (Technology and Construction Court)
Curtiss & Ors v Zurich Insurance Plc & Anor (Costs) [2022] EWHC 1514 (TCC) (17 June 2022)
Source: www.bailii.org
Unlawful eviction – but landlord not liable – Nearly Legal
‘Brem v Murray & Marchant (2022) EWHC 1479 (QB). An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord’s liability for the unlawful eviction that had taken place.’
Nearly Legal, 19th June 2022
Source: nearlylegal.co.uk
Management transfers and public functions: R(TRX) v Network Homes – Nearly Legal
‘This judicial review of R(TRX) v Network Homes (2022) EWHC 456 (Admin) CO/3538/2021 is a useful restatement of the principles which apply in determining when decisions of Private Registered Providers of social housing (Housing Associations) can be judicially reviewed. The case concerned an application for a management transfer following threats of domestic abuse made to the Claimant, TRX, by X, her former partner. The Claimant brought 6 grounds of review after her request for a management transfer was refused by the Defendant. ‘
Nearly Legal, 19th June 2022
Source: nearlylegal.co.uk
English High Court ruling on NFTs ‘hugely significant’ for fraud victims – OUT-LAW.com
‘A ground-breaking ruling in the English High Court that recognised non-fungible tokens (NFTs) as legal property is a major victory for victims of fraud, according to one legal expert.’
OUT-LAW.com, 17th June 2022
Source: www.pinsentmasons.com
Councillor wins £30k damages after BBC misidentified her as politician accused of housing fraud – Local Government Lawyer
‘A Westminster councillor has received damages in a libel case against the BBC after the news organisation misidentified her as another BAME politician who had been accused of housing fraud.’
Local Government Lawyer, 17th June 2022
Source: www.localgovernmentlawyer.co.uk
Divisional Court rejects bid by major retailer to have knife sale case thrown out as abuse of process – Local Government Lawyer
‘Retailer Argos has failed in a bid to have proceedings brought against it by London Borough of Barking & Dagenham stayed as an abuse of the process of the court.’
Local Government Lawyer, 16th June 2022
Source: www.localgovernmentlawyer.co.uk
Fugitive jailed for threatening woman with axe before stealing £25k Rolex – The Independent
‘A fugitive who threatened a woman with an axe and stole her £25,000 watch before fleeing to Spain has been jailed for 10 years.’
The Independent, 19th June 2022
Source: www.independent.co.uk
British Army veteran ‘living in fear’ as he fights deportation threat after 20 years living in UK – The Independent
‘ British Army veteran who has spent more than 20 years living in the UK is “living in fear each and every second” due to the threat of deportation to Zimbabwe.’
The Independent, 20th June 2022
Source: www.independent.co.uk
GPS tagging of migrants appears to contradict Home Office guidance – The Guardian
‘The Home Office appears to have contradicted its own guidance on GPS tagging, which prioritised “very high harm offenders”, after it announced the devices would be used on asylum seekers arriving in the UK.’
The Guardian, 19th June 2022
Source: www.theguardian.com
Government retracts ‘unlawful’ pollution guidance for England’s farms – The Guardian
‘Guidance that would have allowed farmers to spread manures and slurry on land in a way that would overload it with nutrients and risk pollution of rivers, lakes and coastal waters has been changed by Defra, after a challenge over its lawfulness.’
The Guardian , 20th June 2022
Source: www.theguardian.com
Archie Battersbee: Family of boy ruled dead seeks appeal – BBC News
‘The mother of a 12-year-old boy in a coma said she has told him they face “the biggest battle of our lives” as they seek to appeal against a ruling his life support treatment should stop.’
BBC News, 20th June 2022
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2022/660 – The Passport (Fees) Regulations 2022
SI 2022/649 – The Traffic Management Act 2004 (Commencement No. 11) (England) Order 2022
SI 2022/669 – The Freedom of Information (Additional Public Authorities) Order 2022
SI 2022/659 – The Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
H-W (Children) and In the matter of H-W (Children) (No 2) [2022] UKSC 17 (15 June 2022)
AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16 (15 June 2022)
SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15 (15 June 2022)
Court of Appeal (Civil Division)
Antonio v Secretary of State for the Home Department [2022] EWCA Civ 809 (16 June 2022)
Court of Appeal (Criminal Division)
Johnson v Regina [2022] EWCA Crim 790 (14 June 2022)
High Court (Administrative Court)
Merticariu v Judecatoria Arad, Romania [2022] EWHC 1507 (Admin) (17 June 2022)
High Court (Chancery Division)
Wormleighton v Hammersley & Anor (Re Paragon Offshore PLC) [2022] EWHC 1498 (Ch) (16 June 2022)
Banca Generali SPA v CFE (Suisse) SA & Anor [2022] EWHC 1450 (Ch) (15 June 2022)
Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1416 (Ch) (15 June 2022)
Hannam v RPA Systems Ltd & Anor [2022] EWHC 1354 (Ch) (15 June 2022)
Official Receiver v Obaigbena [2022] EWHC 1399 (Ch) (14 June 2022)
Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2022] EWHC 1467 (Ch) (14 June 2022)
JSC Commercial Bank Privatbank v Kolomoisky & Ors [2022] EWHC 1445 (Ch) (14 June 2022)
High Court (Commercial Court)
Umbrella Legal Solicitors Ltd v Affirm Legal Ltd [2022] EWHC 1510 (Comm) (16 June 2022)
Henry Williams Ltd v Cotton & Ors [2022] EWHC 1509 (Comm) (16 June 2022)
High Court (Family Division)
High Court (Queen’s Bench Division)
Samrai & Ors v Kalia [2022] EWHC 1424 (QB) (16 June 2022)
Banks v Blount [2022] EWHC 1491 (QB) (15 June 2022)
Brem v Murray & Anor [2022] EWHC 1479 (QB) (15 June 2022)
High Court (Technology and Construction Court)
FTH Ltd v Varis Developments Ltd [2022] EWHC 1385 (TCC) (08 June 2022)
Essential Living (Greenwich) Ltd v Elements (Europe) Ltd [2022] EWHC 1400 (TCC) (08 June 2022)
Source: www.bailii.org
The obligation to pay a notified sum where the contractor is insolvent – Practical Law: Construction Blog
‘The general rule created by section 111 of the Construction Act 1996 is well known: in the absence of a pay less notice, the notified sum is to be paid without set-off or deduction. Although this is capable of causing problems for an employer in the short term, any overpayments can usually be corrected in future payment cycles (whether interim or final) or by a true value adjudication (following S&T (UK) Ltd v Grove Developments Ltd).’
Practical Law: Construction Blog, 15th June 2022
Tort claims for economic loss on construction projects – Avantage v WSP – Practical Law: Construction Blog
‘Construction claims usually arise out of a breach of contract, because it is easier to establish liability than under a tortious claim. However, where there is no contract or the contractual limitation period has expired, or a contracting party is insolvent or is uninsured, parties may have no choice but to bring a claim in tort.’
Practical Law: Construction Blog , 14th June 2022
New pilots to boost support for rape victims in court – Ministry of Justice
‘Rape victims will receive enhanced support at 3 Crown Courts under a new pilot scheme launched by the government today (16 June 2022) as part of efforts to drive up prosecutions and convictions.’
Ministry of Justice, 16th June 2022
Source: www.gov.uk
Speech by the Lord Chief Justice: Slynn Lecture – Courts and Tribunals Judiciary
‘Speech by the Lord Chief Justice: Slynn Lecture.’
Courts and Tribunals Judiciary , 16th June 2022
Source: www.judiciary.uk
