BAILII: Recent Decisions

Posted April 5th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440 (04 April 2022)

Biden v Waverley Borough Council [2022] EWCA Civ 442 (01 April 2022)

QH (Afghanistan) v Secretary of State for the Home Department [2022] EWCA Civ 421 (01 April 2022)

Samsung Electronics Co. Ltd & Ors v LG Display Co Ltd & Anor [2022] EWCA Civ 423 (01 April 2022)

Chalk & Anor, R. v [2022] EWCA Crim 433 (31 March 2022)

Amin, R (on the application of) v Secretary of State for the Home Department [2022] EWCA Civ 439 (31 March 2022)

Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 (30 March 2022)

Court of Appeal (Criminal Division)

BIH, AWW & BIZ v R. [2022] EWCA Crim 447 (4 April 2022)

Richards, R v [2022] EWCA Crim 247 (4 April 2022)

Abdulahi, R v [2022] EWCA Crim 412 (4 April 2022)

Lam v R. [2022] EWCA Crim 448 (01 April 2022)

White & Anor v Post Office Ltd [2022] EWCA Crim 435 (31 March 2022)

High Court (Administrative Court)

JZ, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs & Ors [2022] EWHC 771 (Admin) (01 April 2022)

LB (A Child), R (On the Application Of) v Surrey County Council [2022] EWHC 772 (Admin) (01 April 2022)

JS v Cardiff City Council [2022] EWHC 707 (Admin) (01 April 2022)

Ramaswamy v General Medical Council [2022] EWHC 732 (Admin) (31 March 2022)

Veeravalli v General Medical Council [2022] EWHC 747 (Admin) (31 March 2022)

Kessie-Adjei, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 722 (Admin) (30 March 2022)

Director of Public Prosecutions v Cuciurean [2022] EWHC 736 (Admin) (30 March 2022)

High Court (Chancery Division)

Safari Holding Verwaltungs GmbH, Re [2022] EWHC 781 (Ch) (04 April 2022)

Jennison & Anor v Jennison [2022] EWHC 792 (Ch) (04 April 2022)

Malik v The National Bank of Ras-Al-Khaimah [2022] EWHC 716 (Ch) (04 April 2022)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2022] EWHC 775 (Ch) (01 April 2022)

Changtel Solutions UK Ltd, Re [2022] EWHC 694 (Ch) (01 April 2022)

PJP (NE) Ltd v Taylor [2022] EWHC 709 (Ch) (01 April 2022)

Sky Apartments 2018 Ltd, Re [2022] EWHC 763 (Ch) (01 April 2022)

Saurymper & Anor v Fishman Brand Stone (a firm) [2022] EWHC 752 (Ch) (31 March 2022)

Bilta (UK) Ltd & Ors v SVS Securities plc & Ors [2022] EWHC 723 (Ch) (31 March 2022)

Johnson v Spooner [2022] EWHC 735 (Ch) (31 March 2022)

HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud v Mobile Telecommunications Company KSCP (Rev1) [2022] EWHC 744 (Ch) (31 March 2022)

Quay House Admirals Way Land Ltd & Anor v Rockwell Properties Ltd [2022] EWHC 742 (Ch) (30 March 2022)

Quantum Care Ltd & Anor v Modi [2022] EWHC 721 (Ch) (30 March 2022)

Smile Telecoms Holdings Ltd, Re (Part 26a of the Companies Act 2006) [2022] EWHC 740 (Ch) (30 March 2022)

Anan Kasei Co Ltd & Anor v Neo Chemicals & Oxides (Europe) Ltd & Ors [2022] EWHC 708 (Ch) (29 March 2022)

High Court (Commercial Court)

Abu Dhabi Commercial Bank Pjsc v Shetty & Ors [2022] EWHC 529 (Comm) (01 April 2022)

Chep Equipment Pooling BV v ITS Ltd & Ors [2022] EWHC 741 (Comm) (01 April 2022)

Prakash Industries Ltd v Peter Beck Und Partner Vermogensverwaltung GmbH [2022] EWHC 754 (Comm) (01 April 2022)

Africa Finance Corporation & Ors v Aiteo Eastern E & P Company Ltd [2022] EWHC 768 (Comm) (01 April 2022)

Al Saud & Anor v Gibbs & Anor [2022] EWHC 706 (Comm) (30 March 2022)

Rolls-Royce Holdings Plc v Goodrich Corporation [2022] EWHC 745 (Comm) (30 March 2022)

High Court (Family Division)

V & W, Re (Hague Return Order, Lithuania) [2022] EWHC 739 (Fam) (30 March 2022)

High Court (Patents Court)

Commscope Technologies LLC v SOLiD Technologies, Inc [2022] EWHC 769 (Pat) (01 April 2022)

High Court (Queen’s Bench Division)

Privacy International, R (On the Application Of) v Investigatory Powers Tribunal [2022] EWHC 770 (QB) (04 April 2022)

Braintree District Council v Wilson & Ors [2022] EWHC 753 (QB) (01 April 2022)

Jenkinson v Robertson (Rev1) [2022] EWHC 791 (QB) (31 March 2022)

Lombard North Central Plc v European Skyjets Ltd [2022] EWHC 728 (QB) (30 March 2022)

Chief Constable of Kent Police & Anor v Taylor [2022] EWHC 737 (QB) (30 March 2022)

Wilson v Mendelsohn & Ors [2022] EWHC 715 (QB) (30 March 2022)

Vakharia & Ors v Bukowski & Anor [2022] EWHC 673 (QB) (25 March 2022)

Source: www.bailii.org

Suitability, enquiries, gender reassignment and the public sector equality duty – Nearly Legal

Posted April 5th, 2022 in disabled persons, equality, homelessness, housing, news, transgender persons by sally

‘An interesting Court of Appeal decision on the sufficiency of enquiries to establish suitability of accommodation offered in discharge of section 189B Housing Act 1986 duty where the homeless person has the protected characteristics of disability and gender reassignment.’

Full Story

Nearly Legal, 3rd April 2022

Source: nearlylegal.co.uk

Court of Appeal rejects appeal over sufficiency of inquiries made by housing options manager – Local Government Lawyer

Posted April 5th, 2022 in disabled persons, equality, homelessness, housing, news, transgender persons by sally

‘The Court of Appeal has dismissed an appeal over the sufficiency of inquiries made by a borough council to determine the suitability of accommodation offered to a homeless applicant with ‘protected characteristics’ of disability and gender reassignment.’

Full Story

Local Government Lawyer, 4th April 2022

Source: www.localgovernmentlawyer.co.uk

Human rights watchdog publishes single-sex spaces guide – BBC News

Posted April 5th, 2022 in domestic violence, equality, news, transgender persons by sally

‘Services such as bathrooms and domestic abuse refuges can be single sex in certain circumstances, Britain’s human rights body has said in new guidance.’

Full Story

BBC News, 4th April 2022

Source: www.bbc.co.uk

Case Comment: Bott & Co Solicitors v Ryanair DAC [2022] UKSC 8 – UKSC Blog

Posted April 5th, 2022 in airlines, compensation, delay, fees, news, solicitors, Supreme Court by sally

‘The case brought by Bott & Co Solicitors (“Bott”) against Ryanair DAC (“Ryanair”) concerns the extent of the solicitor’s equitable lien, a remedy that has been recognised by the courts for over two hundred years.’

Full Story

UKSC Blog, 1st April 2022

Source: ukscblog.com

Prosecutors given new guidance to prevent ‘myths’ from stopping domestic abuse charges – The Independent

Posted April 5th, 2022 in Crown Prosecution Service, domestic violence, news, prosecutions by sally

‘Prosecutors are to be given new guidance on domestic abuse cases that aims to tackle “myths and stereotypes” that can stop perpetrators being charged.’

Full Story

The Independent, 4th April 2022

Source: www.independent.co.uk

Case Preview: Harpur Trust v Brazel – UKSC Blog

Posted April 5th, 2022 in EC law, holiday pay, news, part-time work, Supreme Court, working time by sally

‘On 9 November 2021, the Supreme Court heard the appeal in Harpur Trust v Brazel. The forthcoming decision is expected to provide some much-needed clarity on how employers should approach calculating annual leave entitlement and pay for workers who work irregular hours, including those workers on zero hours contracts.’

Full Story

UKSC Blog, 1st April 2022

Source: ukscblog.com

Children subject of deprivation of liberty applications spending “significant” amount of time in suboptimal placements, research highlights – Local Government Lawyer

Posted April 5th, 2022 in children, deprivation of liberty safeguards, news, placement orders, reports by sally

‘It is evident that children who are the subject of applications to the Family Court to authorise a deprivation of liberty, are spending significant periods of time in “suboptimal” placements without the therapeutic support they need to make significant long-term improvements, according to a review of published judgments by the Nuffield Family Justice Observatory (NFJO).’

Full Story

Local Government Lawyer, 4th April 2022

Source: www.localgovernmentlawyer.co.uk

SRA rebukes leading class action firm over conduct of struck-out claim – Legal Futures

Posted April 5th, 2022 in airlines, carriage by air, class actions, law firms, news, Solicitors Regulation Authority, striking out by sally

‘Class action firm Hausfeld has been rebuked by the Solicitors Regulation Authority (SRA) for allowing its independence to be compromised in the conduct of a massive group claim.’

Full Story

Legal Futures, 5th April 2022

Source: www.legalfutures.co.uk

Greater Manchester Police officer who had sex with rape victim jailed – BBC News

Posted April 5th, 2022 in misfeasance in public office, news, perverting the course of justice, police, sentencing by sally

‘A “predatory” police officer who had a secret sexual relationship with a rape victim has been jailed.’

Full Story

BBC News, 4th April 2022

Source: www.bbc.co.uk

Four in 10 pupils have experienced or witnessed bullying at the Bar – Legal Futures

Posted April 4th, 2022 in barristers, bullying, equality, harassment, news, pupillage, statistics by sally

‘Nearly four in 10 pupils have either personally experienced or observed bullying, harassment and/or discrimination (BHD), Bar Council research has revealed.’

Full Story

Legal Futures, 4th April 2022

Source: www.legalfutures.co.uk

Child Q: Met Police changes strip-search policy in two London boroughs – BBC News

Posted April 4th, 2022 in children, disciplinary procedures, drug offences, London, news, police, professional conduct, race discrimination, racism, school children by sally

‘A strip-search of any child in two London boroughs will need approval from an inspector in the wake of the Child Q controversy, the Met Police says.’

Full Story

BBC News, 2nd April 2022

Source: www.bbc.co.uk

Oxford college pays damages to woman after alleged rape by fellow student – The Guardian

Posted April 4th, 2022 in compensation, complaints, damages, negligence, news, non-disclosure agreements, rape, sexual offences, universities by sally

‘A University of Oxford college has pledged to overhaul its handling of sexual assault cases after paying damages to settle a legal action taken by a woman who said she was raped by a fellow student.’

Full Story

The Guardian, 1st April 2022

Source: www.theguardian.com

High Court finds council in contempt of court over failure to comply with mandatory injunction on placement planning for autistic young man – Local Government Lawyer

Posted April 4th, 2022 in autism, contempt of court, disabled persons, injunctions, judicial review, learning difficulties, local government, news by sally

‘A High Court judge has found Cardiff City Council in contempt of court over its failure to comply with a mandatory injunction in a case concerning future placement planning for a young man with a range of diagnoses including autistic spectrum disorder and severe communication and learning difficulties.’

Full Story

Local Government Lawyer, 1st April 2022

Source: www.localgovernmentlawyer.co.uk

Service and admin charges – from the Upper Tribunal – Nearly Legal

Posted April 4th, 2022 in appeals, consultations, housing, landlord & tenant, leases, news, repairs, service charges by sally

‘The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation requirements on the basis that the freeholder “had started the consultation process and had kept the leaseholders of flats in the block informed until the works became sufficiently urgent that the respondent had had to carry them out without waiting for the consultation to be completed.”’

Full Story

Nearly Legal, 3rd April 2022

Source: nearlylegal.co.uk

Radlett anaesthetist jailed for arranging child sex abuse – BBC News

Posted April 4th, 2022 in child abuse, children, disciplinary procedures, doctors, imprisonment, internet, news, sentencing, sexual offences by sally

‘An NHS consultant anaesthetist who was caught by police while arranging to sexually abuse a seven-year-old girl has been jailed for 28 months.’

Full Story

BBC News, 2nd April 2022

Source: www.bbc.co.uk

Lewis Graham: The Reed Court by Numbers: How Shallow is the ‘Shallow End’? – UK Constitutional Law Association

Posted April 4th, 2022 in constitutional law, judicial review, news, Supreme Court by sally

‘In a recent critical essay for the London Review of Books, Conor Gearty penned a wonderful, if provocative, account of the recent output of the UK Supreme Court, and attributed a substantial amount of influence to its President, Lord Reed. His “commitment to formalism”, said Gearty, has led to a series of decisions which shrink human rights protections, valorise the state and (especially) the government, and “insulate the decision-maker from judicial review” in all but the most extreme circumstances. The Supreme Court, he suggested, is in no danger of being out of its depth; Reed has marshalled the judges to the safe waters of “the shallow end”.’

Full Story

UK Constitutional Law Association, 4th April 2022

Source: ukconstitutionallaw.org

No-fault divorce: rush expected as new law introduced in England and Wales – The Guardian

Posted April 4th, 2022 in divorce, families, married persons, news by sally

‘Lawyers are expecting a surge in applications from separating couples when no-fault divorce is introduced in England and Wales on Wednesday.’

Full Story

The Guardian, 3rd April 2022

Source: www.theguardian.com

Shrewsbury maternity report: Uncovering the biggest NHS maternity scandal – BBC News

Posted April 4th, 2022 in birth, causing death of children or vulnerable adults, children, families, hospitals, inquiries, midwives, news, pregnancy by sally

‘A damning report this week revealed the catastrophic failings at an NHS trust, where at least 201 babies and nine mothers might have survived with better maternity care. Michael Buchanan has led the BBC’s investigation into the scandal and first reported concerns five years ago, but he says he’s not done in Shrewsbury yet.’

Full Story

BBC News, 2nd April 2022

Source: www.bbc.co.uk

BSB scraps student aptitude test despite Bar Council opposition – Legal Futures

Posted April 4th, 2022 in barristers, legal education, news, statistics by sally

‘The Bar Standards Board (BSB) is to ditch the Bar course aptitude test (BCAT) as it is no longer acting as a “filter” of those likely to fail the vocational component of their training.’

Full Story

Legal Futures, 1st April 2022

Source: www.legalfutures.co.uk