BAILII: Recent Decisions

Posted April 14th, 2022 in law reports by sally

Court of Appeal (Civil Division)

P (Children : Disclosure) [2022] EWCA Civ 495 (12 April 2022)

Percy v White & Anor [2022] EWCA Civ 493 (12 April 2022)

High Court (Administrative Court)

Bibi v Bar Standards Board [2022] EWHC 921 (Admin) (13 April 2022)

Mihaylov, R (On the Application Of) v Regional Prosecutions Office in Bulgaria (Bulgaria) [2022] EWHC 908 (Admin) (13 April 2022)

SSE Generation Ltd & Ors, R (On the Application Of) v Competition And Markets Authority [2022] EWHC 865 (Admin) (11 April 2022)

High Court (Chancery Division)

easyGroup Ltd v Nuclei Ltd & Ors [2022] EWHC 901 (Ch) (13 April 2022)

Smith & Anor v Gregory & Anor [2022] EWHC 910 (Ch) (13 April 2022)

Makki v Bank of Beirut SAL [2022] EWHC 733 (Ch) (13 April 2022)

On the Beach Ltd v Ryanair UK Ltd & Anor [2022] EWHC 861 (Ch) (13 April 2022)

Hoegh & Anor v Taylor Wessing Llp & Anor [2022] EWHC 856 (Ch) (13 April 2022)

Secretary of State for Business, Energy and Industrial Strategy v Adam & Ors [2022] EWHC 922 (Ch) (13 April 2022)

Bahia v Sidhu & Anor [2022] EWHC 875 (Ch) (12 April 2022)

Veasey v Macdougall & Ors [2022] EWHC 864 (Ch) (12 April 2022)

Asher & Ors v Jaywing Plc [2022] EWHC 893 (Ch) (12 April 2022)

Whittle v Whittle & Anor (Re Estate of Gerald Arthur Whittle) [2022] EWHC 925 (Ch) (12 April 2022)

High Court (Commercial Court)

Aquavita International SA v Indagro SA [2022] EWHC 892 (Comm) (12 April 2022)

Sangamneheri v The Chartered Institute of Arbitrators & Ors [2022] EWHC 886 (Comm) (12 April 2022)

High Court (Family Division)

Lockwood v Greenbaum [2022] EWHC 845 (Fam) (13 April 2022)

High Court (Queen’s Bench Division)

BB & Ors v Khayyat & Ors [2022] EWHC 904 (QB) (13 April 2022)

Underwood & Anor v Bounty UK Ltd & Anor [2022] EWHC 888 (QB) (13 April 2022)

Mehmood v Dunya News Ltd [2022] EWHC 905 (QB) (13 April 2022)

Mathieu v Hinds & Anor [2022] EWHC 924 (QB) (13 April 2022)

Jabbar & Anor v Aviva Insurance UK Ltd & Ors [2022] EWHC 912 (QB) (13 April 2022)

Ali v The Home Office [2022] EWHC 866 (QB) (12 April 2022)

Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) (12 April 2022)

Source: www.bailii.org

‘Insufficient evidence’ to prosecute two people suspected of leaking CCTV of Matt Hancock kiss – The Independent

Posted April 14th, 2022 in closed circuit television, coronavirus, data protection, government departments, media, news, telecommunications by sally

‘No-one will be prosecuted over the leaking of CCTV footage that showed former health secretary Matt Hancock kissing his aide while coronavirus social distancing guidelines were in place.’

Full Story

The Independent, 13th April 2022

Source: www.independent.co.uk

Ali Harbi Ali given whole-life sentence for murder of David Amess – The Guardian

Posted April 14th, 2022 in imprisonment, Islam, murder, news, parliament, sentencing, terrorism by sally

‘Ali Harbi Ali, 26, was handed a whole-life tariff by Mr Justice Sweeney after being convicted on Monday of murdering the MP and of planning terrorist attacks on other MPs, including the cabinet minister Michael Gove, for two years before he killed Amess.’

Full Story

The Guardian, 13th April 2022

Source: www.theguardian.com

Artist injured by stolen motorbike awarded £3m damages after High Court trial – The Independent

Posted April 14th, 2022 in accidents, artistic works, compensation, damages, expert witnesses, insurance, news, personal injuries, road traffic by sally

‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’

Full Story

The Independent, 14th April 2022

Source: www.independent.co.uk

London teacher awarded £850,000 after pupil’s attack – The Guardian

Posted April 14th, 2022 in assault, compensation, damages, mental health, news, personal injuries, psychiatric damage, school children, teachers by sally

‘A London teacher has been awarded £850,000 in compensation after being punched in the face and kicked during a science lesson by a pupil with a history of violence towards other children and teachers.’

Full Story

The Guardian, 14th April 2022

Source: www.theguardian.com

System failure led to default judgment against leading law firm – Legal Futures

Posted April 13th, 2022 in costs, default judgments, disability discrimination, disabled persons, employment, employment tribunals, equality, law firms, news, unfair dismissal by sally

‘Leading legal aid firm Duncan Lewis has been ordered to pay a former director costs of £6,500 for setting aside a default employment tribunal judgment caused by its internal failures.’

Full Story

Legal Futures, 13th April 2022

Source: www.legalfutures.co.uk

NEWS ‘Defendants in the bath’: magistrates reveal remote-hearing concerns – Law Society’s Gazette

Posted April 13th, 2022 in coronavirus, criminal justice, HM Courts Service, magistrates, news, remote hearings, statistics by sally

‘Three-quarters of magistrates do not want remote links to be used as extensively as they were during the pandemic, according to landmark research on their experiences in the criminal courts. After canvassing the views of 865 magistrates, a report published by the Magistrates Association, assisted by legal charity Transform Justice, concludes that audio and video links negatively impact communication and effective participation, particularly for vulnerable court users.’

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Law Society's Gazette, 12th April 2022

Source: www.lawgazette.co.uk

Apocalypse now? Judge stunned at £8m divorce costs – Law Society’s Gazette

Posted April 13th, 2022 in costs, divorce, families, family courts, financial dispute resolution, judges, news by sally

‘A High Court judge has called for a cap on costs in family cases after describing the “apocalyptic” state of expensive divorce proceedings.’

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Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

One in eight private rented homes poses ‘serious threat’ to occupants’ health, damning report finds – The Independent

Posted April 13th, 2022 in government departments, health & safety, housing, landlord & tenant, news, rent, repossession, select committees, statistics by sally

‘More than one in eight privately rented homes in England pose a “serious threat” to the health and safety of their occupants, a damning report has revealed.’

Full Story

The Independent, 13th April 2022

Source: www.independent.co.uk

Sam Davies murder: Four jailed for life over stab death – BBC News

Posted April 13th, 2022 in imprisonment, murder, news, sentencing by sally

‘Sam Davies murder: Four jailed for life over stab death.’

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BBC News, 12th April 2022

Source: www.bbc.co.uk

Rochdale grooming: Abused women receive police damages – BBC News

Posted April 13th, 2022 in child abuse, children, compensation, damages, gangs, human rights, negligence, news, police, rape, sexual grooming, sexual offences, victims by sally

‘Three women who were groomed, raped and abused by gangs of men in Rochdale have received “substantial” damages and an apology from Greater Manchester Police.’

Full Story

BBC News, 12th April 2022

Source: www.bbc.co.uk

Dorset, West Mercia and Bedfordshire police told to improve – BBC News

Posted April 13th, 2022 in criminal justice, news, ombudsmen, police, victims by sally

‘A watchdog has ordered three police forces to improve how they investigate crime and respond to the public.’

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BBC News, 13th April 2022

Source: www.bbc.co.uk

Former officer poisoned by Novichok in Salisbury settles claim against Wiltshire Police – The Independent

Posted April 13th, 2022 in attempted murder, compensation, murder, news, poisoning, police, Russia by sally

‘A former police officer who was poisoned in the Salisbury Novichok attack has reached a settlement in a legal case against his former force, his lawyers have said.’

Full Story

The Independent, 13th April 2022

Source: www.independent.co.uk

Stop matching lone female Ukraine refugees with single men, UK told – The Guardian

Posted April 13th, 2022 in asylum, government departments, immigration, news, refugees, Russia, Ukraine, war, women by sally

‘UN agency intervenes in wake of claims predatory men using Homes for Ukraine scheme to target vulnerable.’

Full Story

The Guardian, 13th April 2022

Source: www.theguardian.com

Edward Colston statue case sent to Court of Appeal – BBC News

Posted April 13th, 2022 in appeals, attorney general, criminal damage, criminal justice, demonstrations, hate crime, human rights, monuments, news, racism, trafficking in human beings by sally

‘The acquittal of four people on trial for toppling Bristol’s Edward Colston statue has prompted the attorney general to contact the Court of Appeal.’

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BBC News, 13th April 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 12th, 2022 in legislation by sally

SI 2022/439 – The Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) (England) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 12th, 2022 in law reports by sally

Court of Appeal (Criminal Division)

Mascall, Re [2022] EWCA Crim 483 (11 April 2022)

High Court (Administrative Court)

SSE Generation Ltd & Ors, R (On the Application Of) v Competition And Markets Authority [2022] EWHC 865 (Admin) (11 April 2022)

High Court (Chancery Division)

Tosi Ltd v 99 Hippos Ltd & Anor [2022] EWHC 878 (Ch) (11 April 2022)

Richards v Kulczyk [2022] EWHC 863 (Ch) (11 April 2022)

BRG NOAL GP SARL & Anor v Kowski & Anor [2022] EWHC 867 (Ch) (11 April 2022)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2022] EWHC 868 (Ch) (11 April 2022)

High Court (Commercial Court)

Livian GmbH v Elekta Ltd & Anor [2022] EWHC 757 (Comm) (11 April 2022)

PJSC National Bank Trust & Anor v Mints & Ors[2022] EWHC 871 (Comm) (11 April 2022)

High Court (Queen’s Bench Division)

Objective Care Ltd v The London Borough of Ealing [2022] EWHC 844 (QB) (11 April 2022)

High Court (Technology and Construction Court)

IBM United Kingdom Ltd v Lzlabs GmbH & Ors [2022] EWHC 884 (TCC) (11 April 2022)

Source: www.bailii.org

Crystal clear: “no dispute” defences unlikely to succeed at adjudication enforcement – Practical Law: Construction Blog

Posted April 12th, 2022 in construction industry, contracts, dispute resolution, enforcement, jurisdiction, news by sally

‘While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a reminder that – in practical terms – they will rarely succeed, particularly where they rely on the absence of a crystallised dispute.’

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Practical Law: Construction Blog, 11th April 2022

Source: constructionblog.practicallaw.com

David Fuller: Head of inquiry says investigations will be ‘thorough’ – BBC News

Posted April 12th, 2022 in families, hospitals, inquiries, murder, news, sexual offences, victims, witnesses by sally

‘The man leading the independent inquiry into David Fuller’s “awful” mortuary abuses said those who do not cooperate will be publicly named.’

Full Story

BBC News, 11th April 2022

Source: www.bbc.co.uk

Litigator’s claim against ex-firm struck out for unless order failure – Legal Futures

Posted April 12th, 2022 in delay, employment, employment tribunals, law firms, news, solicitors, time limits, unfair dismissal by sally

‘A civil litigator with experience of employment disputes has had an unfair dismissal claim against his former firm struck out for failing to comply with an unless order.’

Full Story

Legal Futures, 12th April 2022

Source: www.legalfutures.co.uk