BAILII: Recent Decisions
Court of Appeal (Civil Division)
Farrar & Anor v Miller [2022] EWCA Civ 295 (11 March 2022)
Rahaman & Anor v The Secretary of State for the Home Department [2022] EWCA Civ 310 (11 March 2022)
High Court (Administrative Court)
Leigh & Ors v The Commissioner of Police of the Metropolis [2022] EWHC 527 (Admin) (11 March 2022)
High Court (Chancery Division)
High Court (Commercial Court)
General Dynamics United Kingdom Ltd v State of Libya [2022] EWHC 501 (Comm) (11 March 2022)
High Court (Family Division)
H v B [2022] EWHC 526 (Fam) (11 March 2022)
High Court (Patents Court)
High Court (Queen’s Bench Division)
North Northamptonshire Council v Mongan & Ors [2022] EWHC 536 (QB) (11 March 2022)
Source: www.bailii.org
Farrar Out – Local Government Lawyer
‘Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
Mayor of Greater Manchester defeats High Court challenge over bus franchising and impact of pandemic – Local Government Lawyer
‘Two bus operators have lost a High Court challenge to the decision by Andy Burnham, elected mayor of Greater Manchester, to proceed with bus franchising.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
CA upholds ban on solicitor taking assignment of client’s action – Legal Futures
‘The public policy behind the ban on a solicitor taking an assignment of their client’s cause of action prior to judgment holds good in the era of damages-based agreements (DBAs), the Court of Appeal has ruled.’
Legal futures, 14th March 2022
Source: www.legalfutures.co.uk
Vexatious litigant banned after bringing 40 ET claims – Law Society’s Gazette
‘A vexatious litigant who brought more than 40 discrimination cases in a decade has been banned from bringing claims in the employment tribunal.’
Law Society's Gazette, 11th March 2022
Source: www.lawgazette.co.uk
Police acted unlawfully over Everard vigil, court rules – Law Society’s Gazette
‘The Metropolitan Police unlawfully failed to consider whether the right to protest provided a “reasonable excuse” under coronavirus restrictions to organise a vigil for murder victim Sarah Everard, the High Court ruled today.’
Law Society's Gazette, 11th March 2022
Source: www.lawgazette.co.uk
Court of Appeal declines to ‘develop’ common law of champerty – Law Society’s Gazette
‘A London law firm has lost an appeal over the assignment of a now-deceased client’s claim to his solicitors, with the Court of Appeal confirming that “a solicitor acting for a client in legal proceedings may not validly take an assignment of the client’s cause of action prior to judgment.” ’
Law Society's Gazette, 14th March 2022
Source: www.lawgazette.co.uk
Attorney General vows to put Russia’s war criminals ‘behind bars’ – The Independent
‘The Attorney General has vowed to put Russian soldiers found guilty of war crimes in Ukraine behind bars.’
The Independent. 13th March 2022
Source: www.independent.co.uk
New law banning cyberflashing to be included in online safety bill – The Guardian
‘Cyberflashing is to become a criminal offence, with perpetrators facing up to two years in jail under government plans to strengthen the upcoming online safety bill.’
The Guardian, 13th March 2022
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
SI 2022/271 – The Customs (Import and Export Declarations) (Amendment) Regulations 2022
SI 2022/266 – The Residential Property Developer Tax (Allocation of Allowance) Regulations 2022
SI 2022/257 – The Universal Credit (Energy Rebate Scheme Disregard) Regulations 2022
SI 2022/247 – The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2022
SI 2022/240 – The Merchant Shipping (Light Dues) (Amendment) Regulations 2022
SI 2022/235 – The Immigration and Asylum Act 1999 (Part 5 Exemption: Licensed Sponsors) Order 2022
Source: www.legislation.gov.uk
BAILII: recent Decisions
Court of Appeal (Civil Division)
Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 (10 March 2022)
D, Re (Leave to Apply to Revoke Placement Orders) [2022] EWCA Civ 299 (10 March 2022)
High Court (Administrative Court)
Harris & Anor v Environment Agency [2022] EWHC 508 (Admin) (10 March 2022)
High Court (Queen’s Bench Division)
Packham v Wightman & Ors (Preliminary Issues) [2022] EWHC 482 (QB) (10 March 2022)
Source: www.bailii.org
Why The Human Rights Act Matters To The Rule of Law – Each Other
‘The rule of law is one of the most frequently invoked yet least understood ideas of legal and political thought. But it is not just lawyers and politicians who have an interest in it. It affects everyday issues and everyone has a stake in the rule of law.’
Each Other, 10th March 2022
Source: eachother.org.uk
Failure to remove claims – the Osman test – Local Government Lawyer
‘Jack Harding examines case law on failure to remove claims and the application of the Osman test in the context of domestic violence.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
Roderick Morton examines a High Court appeal against an inspector’s decision refusing a lawful development certificate (LDC) for stationing of mobile homes on a caravan site for permanent occupation. – Local Government Lawyer
‘In St Anne’s Court Dorset Limited v SSHCLG and Dorset Council [2021] EWHC 2954 (QB) permission was granted in 1980 for use of the appeal site as a “site for touring caravans”. Conditions required that not more than 15 “touring camping units” could be stationed on the site, that a 2-week time limit applied to any stay, that the site could only be used seasonally between 1 March and 31 October and that no “camping units” could be used as permanent residential units.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
Research Briefing: Assets of community value – House of Commons Library
‘This briefing paper outlines the the “community right to bid” for “assets of community value”, introduced into England by the Localism Act 2011. It also covers other community powers regarding land and property, including community asset transfer, the Right to Contest, and equivalent provisions in Scotland and Wales.’
House of Commons Library , 10th March 2022
Source: commonslibrary.parliament.uk
Home Secretary appoints chair to Sturgess inquiry – Home Office
‘Today, the Home Secretary has announced that Lord Hughes of Ombersley will chair the inquiry into the death of Dawn Sturgess, who died in July 2018 following exposure to the nerve agent Novichok.’
Home Office, 10th March 2022
Source: www.gov.uk
Capacity to litigate – Family Law
‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’
Family Law, 10th March 2022
Source: www.familylaw.co.uk
Surrogacy: the current law and proposals for reform – Family Law
‘The number of people choosing surrogacy as a way to parenthood is increasing. Whilst it is difficult to know exactly how many surrogacy cases there have been in recent years, the number of applications for parental orders, which is the order required to recognise intended parents as a child’s legal parents, is growing. With this growth have come calls for reform to surrogacy laws, which many say are outdated and do not reflect current attitudes and lifestyles.’
Family Law, 10th March 2022
Source: www.familylaw.co.uk
