Hinkley nuclear plant mud dumping in Severn faces legal challenge – BBC News
‘Fears that contaminated mud is to be dumped in the Severn estuary are to be heard at the High Court on Tuesday.’
BBC News, 8th March 2022
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
O’Donnell v High Court of the Republic of Ireland [2022] EWHC 458 (Admin) (03 March 2022)
High Court (Chancery Division)
Birkenfeld v Denton & Ors [2022] EWHC 436 (Ch) (04 March 2022)
Shirazi v Susa Holdings Establishment & Anor [2022] EWHC 477 (Ch) (04 March 2022)
Langage Energy Park Ltd v EP Langage Ltd [2022] EWHC 432 (Ch) (04 March 2022)
High Court (Commercial Court)
Quadra Commodities SA v XL Insurance Company SE & Ors [2022] EWHC 431 (Comm) (04 March 2022)
High Court (Queen’s Bench Division)
Instagroup Ltd v Carroll & Anor [2022] EWHC 464 (QB) (04 March 2022)
Williams v Betsi Cadwaladr University Local Health Board [2022] EWHC 455 (QB) (04 March 2022)
Source: www.bailii.org
JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com
‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’
OUT-LAW.com, 4th March 2022
Source: www.pinsentmasons.com
Indirect effects and environmental impact assessment – Local Government Lawyer
‘In Finch the Court of Appeal has declined to define significant indirect effects for environmental impact assessment (EIA). Barristers at Cornerstone Barristers consider the ruling.’
Local Government Lawyer, 4th March 2022
Source: www.localgovernmentlawyer.co.uk
Neighbourhood plans and draft Local Plan allocation – Local Government Lawyer
‘A parish council recently won an important victory over whether a neighbourhood plan prevails over draft Local Plan allocation. Meyric Lewis and Kate Olley examine the ruling.’
Local Government Lawyer, 4th March 2022
Source: www.localgovernmentlawyer.co.uk
Convicted people-smugglers ordered to pay over £30,000 in confiscation orders – Crown Prosecution Service
‘Four convicted people smugglers, who assisted in the unlawful immigration of 39 people from Vietnam who died in the back of a lorry in Essex, have been ordered to pay £31,493.47 in confiscation orders.’
Crown Prosecution Service, 3rd March 2022
Source: www.cps.gov.uk
A Brief Guide to the New No Fault Divorce Rules and Procedure – Family Law week
‘Teena Dhanota-Jones, Partner, Portner, sets out the procedure for divorce from 6 April 2022.’
Family Law week, 4th March 2022
Source: www.familylawweek.co.uk
Firm to pay £26,500 to worker sacked for not coming in on Jewish holiday – Law Society’s Gazette
‘An employment tribunal has ordered that a firm pay around £26,500 to a Jewish employee sacked after he did not come to work on Passover.’
Law Society's Gazette, 7th March 2022
Source: www.lawgazette.co.uk
Manchester police pay £8,000 to woman urged to drop rape claim – The Guardian
‘Greater Manchester police (GMP) have paid out £8,000 to a woman who reported being drugged and raped, only to be pressed into dropping the case without a proper investigation “because nothing will come of it”.’
The Guardian, 4th March 2022
Source: www.theguardian.com
Home Office to pay UK resident £5,750 for 10-hour Calais detention – The Guardian
‘The Home Office has agreed to pay nearly £6,000 in a settlement to an EU citizen it detained at the border in a post-Brexit crackdown on Europeans entering the country last year.’
The Guardian, 6th March 2022
Source: www.theguardian.com
Police sergeant jailed for 10 years for raping drunk woman – The Independent
‘A police sergeant has been jailed for 10 years for raping a “paralytic” woman who went on to give birth to his child.’
The Independent, 7th March 2022
Source: www.independent.co.uk
NHS surgeon censured for vandalising colleagues’ cars – The Guardian
‘A leading NHS surgeon has been censured by two medical regulators, and suspended by one of them, for repeatedly vandalising colleagues’ cars in their hospital car park, the Guardian can reveal.’
The Guardian, 6th March 2022
Source: www.theguardian.com
Research Briefing: Special Educational Needs: support in England – House of Commons Library
‘This House of Commons Library briefing sets out the system of support for children and young people in England aged 0-25 with special educational needs (SEN).’
House of Commons Library , 1st March 2022
Source: commonslibrary.parliament.uk
Research Briefing: Doorstep selling – House of Commons Library
‘This paper outlines the current regulation of doorstep selling (or cold calling) under the provisions of the Consumer Contracts Regulations 2013. It also provides information on how “No Cold Calling Zones” work in practice.’
House of Commons Library , 3rd March 2022
Source: commonslibrary.parliament.uk
The director of an English mobile phone company, now in liquidation, has been held liable for both fraudulent trading and misfeasance for participation in missing trader intra-community (MTIC) VAT fraud. – OUT-LAW.com
‘The High Court upheld an application made by the liquidator of JD Group Ltd (“the company”) claiming that Deepak Bhatia, the company director, was engaged in fraudulent trading owing to knowledge that the company was associated with VAT fraud. Judge Agnello QC found that the manner in which the respective transactions were carried out provided clear evidence of this knowledge and that Bhatia’s conduct was dishonest in accordance with the objective standards of ordinary decent people.’
OUT-LAW.com, 3rd March 2022
Source: www.pinsentmasons.com
Property Guardians and HMOs – they are, you know – Nearly Legal
‘Global 100 Ltd v Jimenez & Ors (HOUSING – HOUSE IN MULTIPLE OCCUPATION – RENT REPAYMENT ORDER – “property guardians”) (2022) UKUT 50 (LC) In which Global 100, flushed by their win in the Court of Appeal in Global 100 Ltd v Laleva (2021) EWCA Civ 1835 (our note), appealed a First Tier Tribunal decision that a commercial office building, in which 10-12 guardians were living, was an unlicensed HMO and rent repayment orders followed.’
Nearly Legal, 2nd March 2022
Source: nearlylegal.co.uk
Ed Sheeran’s Shape Of You copyright row set for High Court trial – The Independent
‘Ed Sheeran’s hit song Shape Of You is at the centre of a High Court copyright row. Sheeran is involved in a legal battle with two songwriters who claim the 2017 hit rips off parts of their song Oh Why, and a three-week trial is due to start on Friday in London.’
The Independent, 4th March 2022
Source: www.independent.co.uk
Lack of jurisdiction entitled adjudicator to resign – Practical Law: Construction Blog
‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’
Practical Law: Construction Blog, 2nd March 2022
