BAILII: recent Decisions
Supreme Court
Lloyd v Google LLC [2021] UKSC 50 (10 November 2021)
Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors [2021] UKSC 51 (10 November 2021)
Court of Appeal (Civil Division)
Ravendark Holdings Ltd v Rotenberg & Ors [2021] EWCA Civ 1661 (10 November 2021)
Hunt v Annolight Ltd & Ors [2021] EWCA Civ 1663 (10 November 2021)
Court of Appeal (Criminal Division)
Cousins v R. [2021] EWCA Crim 1664 (10 November 2021)
High Court (Administrative Court)
Zborowski (review of the tariff) [2021] EWHC 3005 (Admin) (10 November 2021)
Klar v Court of First Instance Brussels (Belgium) [2021] EWHC 3001 (Admin) (10 November 2021)
High Court (Chancery Division)
Money v AB [2021] EWHC 2999 (Ch) (10 November 2021)
High Court (Commercial Court)
Patisserie Holdings PLC & Ors v Grant Thornton UK LLP [2021] EWHC 3022 (Comm) (10 November 2021)
High Court (Queen’s Bench Division)
MBR Acres Ltd & Ors v MBR Beagles & Ors [2021] EWHC 2996 (QB) (10 November 2021)
Silverman v Ryanair DAC (Rev1) [2021] EWHC 2955 (QB) (10 November 2021)
High Court (Technology and Construction Court)
Source: www.bailii.org
Review or repetition? – Nearly Legal
‘Ms Bereket applied to LBWF for homelessness assistance. The authority accepted that it owed her a duty and offered her temporary accommodation in Luton. She rejected the offer as it was too far from her friends and family. The local authority explained why the property was suitable and gave a deadline for acceptance. Ms Bereket refused it again for the same reasons. The authority then decided that their duties had been discharged. She was told of her right to a review and, in a subsequent telephone call, was told the email address to use in order to request a review. She duly wrote to that address. Her email did not refer to any review but explained why the property was not suitable by reference to her need to stay in the local area (including, now, that her son had started school). The LA decided this was not a request for a review and she sought judicial review. The issue, therefore, was whether there had been a request for a review.’
Nearly Legal, 11th November 2021
Source: nearlylegal.co.uk
Castello v Gonschior: The Importance of Choosing the Right Discipline of Expert in Clinical Negligence Claims and the Limitations of Res Ipsa Loquitur – Ropewalk Clinical Negligence Blog
‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’
Ropewalk Clinical Negligence Blog, 11th November 2021
Source: www.ropewalk.co.uk
Jason Varuhas: Remedies Reform Part 2: Discretionary Factors – UK Constitutional Law Association
‘This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’
UK Constitutional Law Association, 9th November 2021
Source: ukconstitutionallaw.org
Jason Varuhas: Remedial Reform Part 1: Rationale – UK Constitutional Law Association
‘This is the first of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill. If passed, the reforms will make statutory provision for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’
UK Constitutional Law Association, 3rd November 2021
Source: ukconstitutionallaw.org
The authority of Property and Affairs Deputies – Local Government Lawyer
‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’
Local Government Lawyer, 12th November 2021
Source: www.localgovernmentlawyer.co.uk
Court of Appeal upholds refusal of application for placement orders in case where parents showed “grossly unreasonable attitude” towards professionals – Local Government Lawyer
‘A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational.’
Local Government Lawyer, 10th November 2021
Source: www.localgovernmentlawyer.co.uk
CA: Lawyers can be cross-examined in wasted costs applications – Legal Futures
‘Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.’
Legal Futures, 12th November 2021
Source: www.legalfutures.co.uk
Lord Justice Haddon-Cave pens article for the Australian Law Journal – Courts and Tribunals Judiciary
‘Lord Justice Haddon-Cave has written an article about the conduct of terrorism trials in England and Wales for a special edition of the Australian Law Journal on “National Security and the Law”.’
Courts and Tribunals Judiciary, 11th November 2021
Source: www.judiciary.uk
New Home Office policy risks ‘driving human trafficking victims underground’, experts warn – The Independent
‘Experts have warned that victims of trafficking risk being “driven underground” under new Home Office plans to grant immigration enforcement teams the power to decide on modern slavery cases.’
The Independent, 12th November 2021
Source: www.independent.co.uk
Britain First activist faces retrial for alleged assault at hotel housing asylum seekers – The Independent
‘Magistrates have set aside the conviction of a Britain First activist accused of assaulting a security guard at a hotel housing asylum seekers. James White, 31, will face a retrial for assault at Coventry Magistrates’ Court on 7 March. He was found guilty of the offence in his absence on Monday, but the conviction was ruled unsafe two days later after his lawyer successfully argued proceedings had gone ahead unfairly.’
The Independent, 11th November 2021
Source: www.independent.co.uk
Alder Hey NHS Trust must pay boy £27m over brain injuries – BBC News
‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’
BBC News, 11th November 2021
Source: www.bbc.co.uk
Too many witness statements prepared in breach of proper professional standards, says top family judge – Local Government Lawyer
‘The President of the Family Division, Sir Andrew McFarlane, has issued a memorandum setting out how witness statements should be prepared for use in the Family Courts to ensure they meet proper professional standards.’
Local Government Lawyer, 10th November 2021
Source: www.localgovernmentlawyer.co.uk
‘No evidence’ that longer prison sentences will deter terrorists, watchdog warns – The Independent
‘There is “no evidence” that jailing terrorists for longer will deter them from planning terror attacks, a watchdog has warned.’
The Independent, 10th November 2021
Source: www.independent.co.uk
Greenwich hotel murder: Serial abuser guilty of killing girlfriend – BBC News
‘A “serial abuser of women” has been found guilty of murdering his girlfriend at a south-east London hotel.’
BBC News, 10th November 2021
Source: www.bbc.co.uk
Top UK court blocks legal action against Google over internet tracking – The Guardian
‘A £3bn legal action against Google over claims it secretly tracked the internet activity of millions of iPhone users has been blocked by the UK supreme court.’
The Guardian, 10th November 2021
Source: www.theguardian.com
Police forensic expert admits storing photos of crime scene corpses on his computer – The Independent
‘A former digital forensic police expert had admitted to unlawfully accessing and storing photos of corpses on his personal computer.’
The Independent, 9th November 2021
Source: www.independent.co.uk
