BAILII: Recent Decisions
High Court (Chancery Division)
Equiom (Isle of Man) Ltd & Ors v Velarde & Ors [2022] EWHC 11 (Ch) (05 January 2022)
High Court (Commercial Court)
Hodgson v Creation Consumer Finance [2021] EWHC 3515 (Comm) (22 December 2021)
High Court (Family Division)
UG v NN [2022] EWHC 8 (Fam) (04 January 2022)
Source: www.bailii.org
Guidance from Divisional Court on Article 2 inquests – UK Human Rights Blog
‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’
UK Human Rights Blog, 4th January 2022
Source: ukhumanrightsblog.com
Remote hearings: the HMCTS evaluation – Transparency Project
‘Last month HM Courts and Tribunals Service published their own research into user experiences of remote hearings: Evaluation of remote hearings during the COVID 19 pandemic. The report analyses responses to surveys conducted between May and October 2020 with public users of the justice system and in mid-2021 with professionals such as lawyers, judges and court staff.’
Transparency Project, 4th January 2022
Source: www.transparencyproject.org.uk
Appeal judges shut door on single-stage flight claims – Legal Futures
‘The flight delay compensation industry has suffered a blow after appeal judges rejected a claim over a four-stage flight from the US to India that was delayed when leaving Heathrow.’
Legal Futures, 5th January 2022
Source: www.legalfutures.co.uk
Duncan Browne death: Man jailed for killing England fan after game – BBC News
‘A man has been jailed for more than nine years for killing an aspiring firefighter who was on a night out watching an England game at Euro 2020.’
BBC News, 4th January 2022
Source: www.bbc.co.uk
Breastfeeding voyeurs targeted by new proposed offence in England and Wales – The Guardian
‘Voyeurs who record images of breastfeeding women without permission and domestic abusers who escape jail because of time limits on prosecutions are being targeted by proposals put before parliament on Tuesday.’
The Guardian, 4th January 2022
Source: www.theguardian.com
What’s on the horizon for UK immigration in 2022? – EIN Blog
‘2021 wasn’t a year of great upheaval in the Immigration Rules. Major changes such as the overhaul of the Skilled Worker sponsorship system took effect just at the end of 2020, as did the Frontier Worker Permit scheme for EU nationals remaining in employment (but not residence) in the UK. That is not to say that 2021 was quiet; the Graduate route was introduced in the summer, Global Talent has continued to be tweaked and expanded, and the deadline for EU Settlement Scheme applications has come and gone during the year.’
EIN Blog, 4th January 2022
Source: www.ein.org.uk
Barry Bennell: Victim secures settlement from holiday park – BBC News
‘A man groomed by paedophile Barry Bennell while on holiday at Butlin’s has secured a five-figure settlement from the company’s previous owners.’
BBC News, 5th January 2022
Source: www.bbc.co.uk
Tougher sentences announced in crackdown on illegal hare coursing – The Independent
‘People who take part in hare coursing, an illegal bloodsport, face tougher sentences under plans set out by the government on Tuesday.’
The Independent, 4th January 2022
Source: www.independent.co.uk
Meghan to receive just £1 from Mail on Sunday for privacy invasion – The Guardian
‘The Mail on Sunday will pay the Duchess of Sussex just £1 in damages for invading her privacy by publishing a private letter she had sent to her father.’
The Guardian, 5th January 2022
Source: www.theguardian.com
Statutory Instruments – legislation.gov.uk
SI 2021/1471 – The Wine (Amendment) Regulations 2021
SI 2021/1469 – The Transfer of Functions (Vaccine Damage Payments) Order 2021
SI 2021/1472 – The Exotic Animal Disease (Amendment) (England) Order 2021
SI 2021/1467 – The Electric Vehicles (Smart Charge Points) Regulations 2021
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
HM Attorney General v Crosland [2021] UKSC 58 (20 December 2021)
Court of Appeal (Civil Division)
Soriano v Forensic News LLC & Ors [2021] EWCA Civ 1952 (21 December 2021)
UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947 (21 December 2021)
Chelluri v Air India Ltd [2021] EWCA Civ 1953 (21 December 2021)
Bath Rugby Ltd v Greenwood & Ors [2021] EWCA Civ 1927 (21 December 2021)
Miller v The College of Policing [2021] EWCA Civ 1926 (20 December 2021)
Metropolitan Housing Trust Ltd v TM [2021] EWCA Civ 1890 (20 December 2021)
Court of Appeal (Criminal Division)
Bani v The Crown [2021] EWCA Crim 1958 (21 December 2021)
High Court (Administrative Court)
Takacs v Regional Court Vesprem (Hungary) [2021] EWHC 3477 (Admin) (21 December 2021)
Ahmedsowida v General Medical Council [2021] EWHC 3466 (Admin) (21 December 2021)
Kocsis v District Court of Pecs Hungary [2021] EWHC 3484 (Admin) (21 December 2021)
Earl & Anor v HM Senior Coroner for East Sussex [2021] EWHC 3468 (Admin) (21 December 2021)
High Court (Chancery Division)
Crypto Open Patent Alliance v Wright [2021] EWHC 3440 (Ch) (22 December 2021)
Solland & Anor v Watkins & Anor [2021] EWHC 3447 (Ch) (22 December 2021)
Tucker v Purle & Ors [2021] EWHC 3485 (Ch) (21 December 2021)
Mahoney & Ors v Renwick & Ors [2021] EWHC 3441 (Ch) (21 December 2021)
AFM (1932) Ltd & Ors v Belisco Estates Ltd & Anor [2021] EWHC 3460 (Ch) (21 December 2021)
Doran & Anor v County Rentals Ltd (t/a Hunters) [2021] EWHC 3478 (Ch) (20 December 2021)
Isbilen v Turk & Ors [2021] EWHC 3425 (Ch) (20 December 2021)
Moody v Estate of the Late Norman Jones & Ors [2021] EWHC 3443 (Ch) (20 December 2021)
Court (Commercial Court)
Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2021] EWHC 3462 (Comm) (21 December 2021)
LLC Agronefteprodukt v Ameropa AG [2021] EWHC 3474 (Comm) (21 December 2021)
High Court (Family Division)
LS v PS [2021] EWHC 3508 (Fam) (23 December 2021)
A (A Child), Re [2021] EWHC 3467 (Fam) (20 December 2021)
High Court (Queen’s Bench Division)
Pedriks v Grimaux [2021] EWHC 3448 (QB) (21 December 2021)
NAX v MAX & Anor [2021] EWHC 3492 (QB) (21 December 2021)
Tylicki v Gibbons [2021] EWHC 3470 (QB) (21 December 2021)
National Crime Agency v Persico [2021] EWHC 3476 (QB) (21 December 2021)
Kostakopolou v University of Warwick & Ors [2021] EWHC 3454 (QB) (21 December 2021)
Arif v Sanger [2021] EWHC 3475 (QB) (21 December 2021)
UXA v Merseycare NHS Foundation Trust [2021] EWHC 3455 (QB) (21 December 2021)
Riley v Murray [2021] EWHC 3437 (QB) (20 December 2021)
Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2021] EWHC 3444 (QB) (20 December 2021)
High Court (Technology and Construction Court)
Naylor & Ors v Roamquest Ltd & Anor [2021] EWHC 3507 (TCC) (23 December 2021)
Access for Living v London Borough of Lewisham [2021] EWHC 3498 (TCC) (23 December 2021)
Fairgrove Homes Ltd v Monument Two Ltd [2021] EWHC 3450 (TCC) (21 December 2021)
Source: www.bailii.org
Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal
‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’
Nearly Legal, 3rd January 2022
Source: nearlylegal.co.uk
Richard Clayton: The Government’s New Proposals for the Human Rights Act; Part One – The Proposals in Outline – UK Constitutional Law Association
‘The Conservative Party has opposed the HRA root and branch ever since its enactment. Manifesto commitments to overhaul the HRA were made in 2010, 2015, 2017, and 2019. In 2015 Prime Minister, David Cameron, said he was open to the “nuclear option” of withdrawing from the European Convention on Human Rights (the ECHR) to ensure the UK’s highest court remains the “ultimate arbiter of human rights”, although this was to be delayed until after the referendum on EU membership. The Government has now, however, confirmed that the UK will not leave the ECHR.
In December 2020 the Government announced it was setting up an Independent Human Rights Act Review chaired by Sir Peter Gross, the former Lord Justice of Appeal. On 16 December 2021 the Review published its final report. On the same day the Deputy Prime Minister and new Justice Minister, Dominic Raab, announced a packet of proposals to launch a new British Bill of Rights.
The impact of these proposals will be profound. In this article I shall outline what the proposals will involve. I shall next assess the impact of those proposals.’
UK Constitutional Law Association , 4th January 2022
Source: ukconstitutionallaw.org
Guidance from Divisional Court on Article 2 inquests – UK Human Rights Blog
‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’
UK Human Rights Blog, 4th January 2022
Source: ukhumanrightsblog.com
Council fined £300k after dog walker hit by tree on public footpath – Local Government Lawyer
‘A county council has been fined £300,000 for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.’
Local Government Lawyer, 29th December 2021
Source: www.localgovernmentlawyer.co.uk
Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer
‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’
Local Government Lawyer, 4th January 2022
Source: www.localgovernmentlawyer.co.uk
