BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Commercial Court)
Giddens v Frost & Ors [2022] EWHC 1022 (Comm) (12 May 2022)
High Court (Queen’s Bench Division)
Van Heck v Giambrone & Partners Studio Legale Associato [2022] EWHC 1098 (QB) (12 May 2022)
Source: www.bailii.org
Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog
‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’
EIN Blog, 13th May 2022
Source: www.ein.org.uk
Charitable trusts environmental investment ruling could have wider repercussions – OUT-LAW.com
‘A decision by the High Court of England and Wales to allow the trustees of two charitable trusts to exclude investments on the grounds that they conflict with their environmental values could have wider impacts for other organisations involved in investment activity, according to two legal experts.’
OUT-LAW.com, 12th May 2022
Source: www.pinsentmasons.com
EV charging infrastructure – construction, projects, planning and tax issues – Practical Law: Construction Blog
‘In the third and final blog in our series looking at common queries on the roll out of EV infrastructure (see our previous blogs on progress and challenges and landlord and tenant issues) we focus on construction, planning and tax aspects.’
Practical Law: Construction Blog, 11th May 2022
Lord Reed, London International Disputes Week – Supreme Court
‘Lord Reed, London International Disputes Week.’
Supreme Court, 11th May 2022
Source: www.supremecourt.uk
Lady Rose, Oxford Union talk – Supreme Court
New protections for rape victims available at more Crown Courts – Ministry of Justice
‘More victims of rape and sexual offences will be spared the stress of being cross-examined in court under a measure rolled out to a further 14 locations today (12 May 2022).’
Ministry of Justice, 12th May 2022
Source: www.gov.uk
The CJEU casts doubt on England’s new post-Brexit divorce jurisdiction law – Family Law
‘A recent decision of the CJEU has addressed the definition of habitual residence for divorce jurisdiction under Art 3 of BIIA. It confirms the interpretation hitherto held in England that a party can have only one habitual residence at one time. But it has also given a strong indication that habitual residence has to be continuous for the requisite period before the date of issuing of proceedings and not just on the date of issue. This has been a controversy in English case law over many years, with the majority of professional opinion allegedly being that habitual residence was only necessary on the date of issue and merely residence for the requisite preceding period. The Ministry of Justice relied on this interpretation in drafting England’s new post Brexit divorce jurisdictional law, on the basis of following EU law. Now, seemingly, that is not so. What will now be the position in England dealing with cases involving EU Member States? In any event what is the position with transitional cases?’
Family Law, 12th May 2022
Source: www.familylaw.co.uk
The Brief: Financial Remedy Update from 4PB – Family Law
‘Welcome to “The Brief” from 4PB. Each month, we will provide an update of case law, changes to legislation, and outline any new rules in relation to financial remedies procedure. In this first instalment, however, we will cover significant changes since the start of 2022 to ensure that the update is all encompassing and to set the stage for future monthly updates.’
Family Law, 12th May 2022
Source: www.familylaw.co.uk
Accountant jailed for exploiting a disabled victim for over £300,000 – Crown Prosecution Service
‘A chartered accountant has been jailed for exploiting a vulnerable victim out of money and assets worth £331,858.’
Crown Prosecution Service, 12th May 2022
Source: www.cps.gov.uk
Solicitors lose appeal over £2m invoice charged through DBA – Law Society’s Gazette
‘The Court of Appeal has dismissed an attempt by solicitors to secure a £2m payment from an insolvent client for work carried out on a damages based agreement.’
Law Society's Gazette, 12th May 2022
Source: www.lawgazette.co.uk
‘We will sue the pants off them’: outrage over LAA announcement – Law Society’s Gazette
‘The Legal Aid Agency has sparked panic among the criminal defence community by announcing that some providers could lose out on work when new contracts begin this autumn. One firm, for which legal aid comprises 60% of its workload, told the Gazette that it could go out of business.’
Law Society's Gazette, 12th May 2022
Source: www.lawgazette.co.uk
Unequal impact of Covid should be part of UK inquiry, says chair – The Guardian
‘The chair of the UK Covid-19 public inquiry has urged the prime minister to significantly widen its scope to better examine the pandemic’s unequal impact on minority ethnic people, on children and on mental health.’
The Guardian, 12th May 2022
Source: www.theguardian.com
‘Entitled’ former world darts champion jailed for two years for sexual assault – The Independent
‘Former world darts champion Ted Hankey has been jailed for two years for a sexual assault caught on camera.’
The Independent, 12th May 2022
Source: www.independent.co.uk
JET2 bans brothers for life after ‘aggressive and violent behaviour’ forces flight to divert – The Independent
‘Budget airline Jet2 has slapped a pair of brothers with a £50,000 fine and banned them for life, after their “deplorable behaviour” led to a flight being diverted last week.’
The Independent, 12th May 2022
Source: www.independent.co.uk
Levi Bellfield: Raab says granting marriage request ‘inconceivable’ – The Guardian
‘Granting Levi Bellfield’s request to get married in prison is “inconceivable” unless serious safeguarding concerns are addressed, Dominic Raab has said. Bellfield, who murdered Marsha McDonnell, Amelie Delagrange and Milly Dowler, is engaged and has requested a prison wedding, the Ministry of Justice has confirmed.’
The Guardian, 12th April 2022
Source: www.theguardian.com
Calling a man ‘bald’ is sexual harassment, employment tribunal rules – The Guardian
‘Calling a man “bald” is sexual harassment, an employment tribunal has ruled. Hair loss is much more prevalent among men than women so using it to describe someone is a form of discrimination, a judge has concluded. Commenting on a man’s baldness in the workplace is equivalent to remarking on the size of a woman’s breasts, the finding suggests.’
The Guardian, 13th May 2022
Source: www.theguardian.com
Jessie Earl: Coroner records verdict of unlawful killing Published14 hours ago – BBC News
‘A woman found dead more than 30 years ago was murdered, a coroner has ruled, following a campaign by her family.’
BBC News, 12th May 2022
Source: www.bbc.co.uk
Five things that are new under the Subsidy Control Act – Mills & Reeve
‘On 28 April 2022, the Subsidy Control Bill received Royal Assent and became the Subsidy Control Act 2022. The Act is expected to come into force in autumn 2022. Until then, the provisions of the Subsidy Control Chapter of the Trade and Cooperation Agreement between the UK and EU will continue to apply. This article highlights five things that will change when the Act comes into force.’
Mills & Reeve, 10th May 2022
Source: www.mills-reeve.com
